Pa. Con Stat. tit. 18, §6105(c)

[Andy550101]

I was recently committed to a mental institution for a short time (approx. 7 days). They asked when I left to continue seeing a therapist for 3 months.

After these three months, the case will obviously be closed. I have no felonies on my record and do not fall into any categories for not purchasing a firearm other than the possibility of the mental institution holding me back.

How does this process work whereas I can legally go purchase a gun and answer the questions honestly on the forms? When the 3 month commitment for seeing a therapist is up, is that when I have satisfied the law?

Pa. Con Stat. tit. 18, §6105(c) is what I've been looking at.

But I also read:
A person prohibited from possessing firearms because he or she was adjudicated incompetent or involuntarily committed to a mental institution may similarly petition a court for relief from disability, in which case the hearing must be closed.9 The court may grant such relief as it deems appropriate if it determines that the applicant may possess a firearm without risk to himself or herself or any other person

It states the hearing must be closed, and I believe after these three months the hearing would then be closed.

Please share your expertise in this situation as I would greatly appreciate any help in understanding my rights. Thank you.

[Curmudgeon]

You should acquire you records from your hospital commitment. What you are looking for is either an involuntary commitment (302) or an I voluntary commitment, such as a 201 or other.

A 302 will prohibit you from purchasing and or obtaining a carry license. You cannot possess any kind of firearm, of even ammunition, and you can't even be in the same area where such items are "loose" and could be available to you, such as lying nearby on a table.

This prohibition should be considered lifetime at this time. Get those records, they will answer the question.

[Andy550101]

Yes it was a 302. I can acquire the records.

After doing so do I take those (or fax) a copy to the clerk of courts and ask for them to remove me from be disabled from purchasing a firearm?

And is it not true that after 10 years a county must grant me permission to acquire a firearm (although I'd rather not wait 10 years!).

[kimtyson]

You should talk to a lawyer with this kind of experience, not us internet dopes. This is not something to play with. Get it right. Best of luck to you.

[elweasel]

My only suggestion would be to contact Attorney Phil Kline. He is a member here under the name Gunlawyer001. His email address is gunlawyer001@gmail.com . The rest of his info is 519 Juniper St, Quakertown, PA 18951. (215) 538-4444.

Good Luck, and once the matter is resolved then tell us the story if you wish.

[Andy550101]

Thanks for the replies. I will look into the matter legally and see what happens. If I remember to do so I will post the results. It's not really haunting me at the moment but when I hear about one of my rights being possibly taken from me I sort of get bothered about that. Thanks again.

[Rblakely]

Thanks for the replies. I will look into the matter legally and see what happens. If I remember to do so I will post the results. It's not really haunting me at the moment but when I hear about one of my rights being possibly taken from me I sort of get bothered about that. Thanks again.

Follow the advice about getting an attorney but to be perfectly honest you will most likely not be pleased with what you hear.

The ability to expunge a 302 has pretty much disappeared meaning a lifetime prohibition from owning firearms. The only route available may be to try and have the the 302 declared invalid (I.e. Prove that you should not have been committed in the first place).

Get an attorney - the odds are against you but you have essentially 0% chance of success without one.

[ungawa]

Follow the advice about getting an attorney but to be perfectly honest you will most likely not be pleased with what you hear.

The ability to expunge a 302 has pretty much disappeared meaning a lifetime prohibition from owning firearms. The only route available may be to try and have the the 302 declared invalid (I.e. Prove that you should not have been committed in the first place).

Get an attorney - the odds are against you but you have essentially 0% chance of success without one.

Yup. Your timing is bad. The ability to expunge a 302 recently went away. Without a new law passed or a win at PA Supreme Court (we would probably lose) you are screwed for life. Either get into crossbows or move to a state where they don't prohibit you from black powder firearms possession.

It is possible a lawyer can challenge the validity of the original 302.

I am not a lawyer.

[ATBackpackin]

This is why I despise some of these laws with lifetime bans. Going through a rough patch in life and need professional help, lifetime ban. Got caught with pot twenty years ago as a kid, lifetime ban. Got in a argument with the wife and she accused you of hitting her, lifetime ban.

No fucking wonder gun owners are "unreasonable" and don't want "common sense" laws.


To the OP, I think you are screwed but if you are going to try, get a lawyer experienced with this. DO NOT attempt to buy a gun until you get this figured out because they will prosecute you.

[Metaldemon7]

These lifetime bans for small stuff are troubling. If you were a felon, OK I can agree with that one. My brother over in the People's Republic of Jersey got popped for pot when he was in high school at 18 years old. He applied for a firearms card over there, and got turned down 25 years later. He really just wanted his firearms to be legal, and be able to buy ammo. He gets a hunting licence ever year, and also bow hunts. He can't legally own his firearms, so his wife has a firearms card. If he were to get caught, well that would be on him.