Restoration of rights

[A4G4355]

Hello all,

I would like to first say that I have been poking around here for a while and reading a lot of good information that has been provided. However, I would like to get some insight on my current situation.

Backstory- In 2009, I was 19 y/o and decided to go drinking with some friends. Throughout the night, I discovered my then current girlfriend was cheating on me (typical teenage love affair.) Later in the night upon arriving home, I made the mistake of calling her to confront her about it and apparently said somethings she thought was suicidal (can't remember the exact conversation.) Fast forward an hour later as I was laying in bed asleep, my mother came to wake me up because the PSP was at the door. They took me to the local hospital for evaluation in which time I was cooperative. Upon arriving, I immediately signed a 201 and was discharged within 24 hrs.

Fast forward until March of this year- Going to purchase my first handgun to compliment myself on a recent promotion and I was denied. Upon filing the PICS challenge I discover it was actually considered a 302 commitment. I understand that even though it was changed to a 201, the 302 stands because it was already filed. Upon receipt of the PICS challenge, I went to the hospital, obtained my records and went straight to lawyer highly recommended by family and friends. I am now about to go to my trial for restoration of rights on the 5th of September. In the meantime, I received a call from a trooper from the locality of my attempted gun purchase. He gave me the understanding that I may be prosecuted for lying on the application. (Which I completely understand that even though I didn't understand the charge that ignorance is not an excuse.) Thankfully, I hold a high respect for law enforcement and the guy was very nice in which he informed me that he would hold off taking anything to the DA until the hearing for restoration was complete.

A little more background- I have never been in trouble otherwise in any capacity, I have a highly respected, well paying career. I actually completed my bachelors in criminal justice as it has been my dream to be a PSP officer. I have been applying up until this situation. I am an avid outdoors man and simply want this right back so I can hunt with my father.

To the point- Does anyone have any advice going into this? I have read some threads about rights not being able to be restored after a 302 in any capacity. Am I understanding that correctly or do I have a chance going into this? Any insight would be greatly appreciated.

[t1066]

To the point- Does anyone have any advice going into this? I have read some threads about rights not being able to be restored after a 302 in any capacity. Am I understanding that correctly or do I have a chance going into this? Any insight would be greatly appreciated.

First piece of advice. Follow your lawyer's instructions.

Second, while you can't currently get rights restored from a 302, it sounds like your lawyer may be pursuing the only option open to you, which is to attack the validity of the 302. I'm not sure how good your case is though.

Good luck!

(not a lawyer, not legal advice)

[ungawa]

I think your biggest problem is what the trooper is going to do to you. He didn't call to say he might be filing charges as a courtesy. He called to gather evidence from you in the filing of those charges. It sounds like you gave him evidence and admissions.

Did you read the sticky at the very top of this forum section?

http://forum.pafoa.org/pennsylvania-...pics-nics.html

It was posted yesterday, so possibly after your little chat with the trooper.

If I were you, I would explain this to GunLawer001 over the phone. Then call your lawyer and see if he has comparable knowledge necessary to keep you out of jail. Might even contact a third attorney with experience in these matters.

[Mrs. EM]

I would suggest your lawyer attack the validity of the 302. Did you do anything in furtherance of committing suicide, other than say you wanted to die (or something along those lines)? Did you stockpile meds, cut yourself, sit in a car with the engine running? Anything in the 30 days prior to the 302?

Based on my understanding of 302's, a patient must meet criteria, and if the criteria isn't met, the 302 should be seen as invalid.

I just went through this and had my 302 expunged. Pete G (forum member) was my lawyer.

I wish you the best of luck.

[A4G4355]

No I did not make anything in furtherance, I never attempted anything just merely something I said.

As far as the trooper goes, I didn't give him anything he didn't already have. I am quite worried about the charges that goes along with this however when he stated he would wait until the court hearing was over, he stated that if my rights were restored, nothing would be pursued.

[SHEPHERD321]

Good luck, I'm sick of the state making second class citizens out of people.

[markshere2]

Welcome to the forum!

1) Contact Gunlawyer001 (Phil Kline).

2) Discuss with him if your lawyer is experienced in this matter.

Phil is the "Pro from Dover" when it comes to this shit and your guy may be well served to tap his expertise. If he hasn't won as many as Phil has, consider a jump, or at least make him coordinate with Phil.

Do NOT let your lawyer's ego get in the way of you getting your no-shit, one-and-only shot at this done right.

[ungawa]

As far as the trooper goes, I didn't give him anything he didn't already have. I am quite worried about the charges that goes along with this however when he stated he would wait until the court hearing was over, he stated that if my rights were restored, nothing would be pursued.

You didn't answer any questions? I doubt that.

He can tell you whatever he wants. Why do you think he called you if not to get you to answer questions and confirm his suspicions?

[wanneroo]

There has to be more to the story. Guy says something that could be construed as "suicidal", PSP gets called and turn up at the door and the OP voluntarily goes with the PSP to the hospital, signs a form, goes home an hour later and then that's a 302 commitment?

If so that's pretty weak. If not then there is more to it.

[A4G4355]

That is the story except it wasn't only an hour it was somewhere around 24 hours maybe a little less.