State Relief

[Still Trying]

If someone is seeking relief from being prohibited from owning firearms (a 302 for instance), do they need to be a Pennsylvania resident to qualify for the granting of relief?

Thanks!

[t1066]

If someone is seeking relief from being prohibited from owning firearms (a 302 for instance), do they need to be a Pennsylvania resident to qualify for the granting of relief?

Thanks!

I don't believe so, however, you may have a larger problem if it is a 302 you are dealing with. Currently, due to a court decision, no relief is available for properly done 302. Until the legislature comes up with a fix for this, the only chance is to attack how the 302 commitment was done. If you can prove that was improper, you may have a chance.

Talk to a lawyer, they will be able to point you in the right direction.

I'm not a lawyer, and this isn't legal advice.

[Still Trying]

I did call a large expungement firm asking about options and they mentioned the residency issue. Not sure if they were accurate or not so I thought I'd ask here too.

Thanks!

[scottvelocity]

I've tried to have a 15 year old 302 expunged. It is currently not possible if it's a properly done 302.
My only suggestion to you is to do what I've done, forget about guns an take up a new hobby.

[Still Trying]

Definitely know and understand the 302 issues.

But does one need to be a PA resident to even request and obtain the expungement process?

[pyld]

Definitely know and understand the 302 issues.

But does one need to be a PA resident to even request and obtain the expungement process?

Most likely not. But it's a moot point, because you cannot obtain relief from a "properly" executed Pennsylvania 302 at present.

[widgetman101]

I've tried to have a 15 year old 302 expunged. It is currently not possible if it's a properly done 302.
My only suggestion to you is to do what I've done, forget about guns an take up a new hobby.

Were you able to get state relief from your 302? I'm currently in process of challenging mine with an evaluation scheduled next month. I know it's a long shot and we're going to attack some stuff on the 302 petition itself and I'm hoping it'll go through under due process violations. However, from what I understand I can still get it removed from the state prohibit if I can prove I'm not a danger to myself or others.

The only downside with the second part is it doesn't remove the federal ban itself. But from what I was told if I can get the state relief side we can then take it to federal court. I'm hoping we can attack the validity itself but if I can get state relief I'm prepared to then file for federal relief. I know if it goes that direction and I get state relief and have to do a new federal case I'm looking at a shitload of money for it

[Still Trying]

They do seem near impossible to remove! Who's your attorney, if you don't mind me asking (or pm if you'd rather).

I asked my original question because I read another post here of someone trying to get a pardon from Idaho I think, and he ran into the issue of not being a resident and able to have the relief granted.

This is a very costly and difficult process to begin with, I just want to know if anything else may jump out to delay or prevent my efforts.

[widgetman101]

They do seem near impossible to remove! Who's your attorney, if you don't mind me asking (or pm if you'd rather).

I asked my original question because I read another post here of someone trying to get a pardon from Idaho I think, and he ran into the issue of not being a resident and able to have the relief granted.

This is a very costly and difficult process to begin with, I just want to know if anything else may jump out to delay or prevent my efforts.

Just sent you a PM with some info, it sucks how it's currently written and there appear to be a few bills in the house geared toward this but not much progress on them yet. Here is one that I have bookmarked that specifically addresses the dreaded 302 issue - https://www.govtrack.us/congress/bills/114/s2002

If you scroll down there are some identical bills by other senators and related bills with a few through the senate but not passed. I'll likely do a formal thread on my experience after I go through everything with the end result. I'm just hoping that because I live in a smaller town with a gun friendly community that may give me an edge to get this successfully done but know it's a long shot from what I've heard.

[t1066]

They do seem near impossible to remove! Who's your attorney, if you don't mind me asking (or pm if you'd rather).

I asked my original question because I read another post here of someone trying to get a pardon from Idaho I think, and he ran into the issue of not being a resident and able to have the relief granted.

This is a very costly and difficult process to begin with, I just want to know if anything else may jump out to delay or prevent my efforts.

That was me, and it wasn't a pardon. I was asking the Idaho courts to say that they had already granted relief. But if it happened in PA, PA is the only jurisdiction that can rule on it from my understanding.