Pennsylvania Firearm Owners Association
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  1. #11
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    Quakertown, Pennsylvania
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    Default Re: 302 Moving To Another State Legality?

    My understanding is that while it isn't a federal disqualifier, the feds will honor what the state has decided on as disqualifiers.

    Which means no matter where you go, you'll have to deal with PA to get it cleared up.

    Not a lawyer, and this isn't legal advice.

  2. #12
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    Oct 2008
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    Lanc County, Pennsylvania
    (Lancaster County)
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    Default Re: 302 Moving To Another State Legality?

    OP - please check your PM's

  3. #13
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    Philadelphia, Pennsylvania
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    Default Re: 302 Moving To Another State Legality?

    Spoke with my lawyer today and asked him this question- apparently prohibited for pa means prohibited everywhere. I donít see how that follows since thereís a clear lack of due process but Iím not a lawyer either

  4. #14
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by JohnSmith33 View Post
    Spoke with my lawyer today and asked him this question- apparently prohibited for pa means prohibited everywhere. I don*t see how that follows since there*s a clear lack of due process but I*m not a lawyer either

    It would seem like most problems, if you have enough money to throw at it, you can make it go away. How much are you willing to spend?
    Aggies Coach Really ??? Take off the tin foil bro.

  5. #15
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    DeepInTheWoods, Pennsylvania
    (Warren County)
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    Default Re: 302 Moving To Another State Legality?

    There are states that permit face to face sales of handguns and long guns

    No paperwork

    Of course that is only for non prohibited persons who are residents of, say, Ohio.

    And it would not be right for you to do that to just because you want the ability to defend yourself, despite being banned because of some unconstitutional law.

    So don;t..
    American by BIRTH, Infidel by CHOICE

  6. #16
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by JohnSmith33 View Post
    Spoke with my lawyer today and asked him this question- apparently prohibited for pa means prohibited everywhere. I don*t see how that follows since there*s a clear lack of due process but I*m not a lawyer either
    It is federal law that determines what is prohibiting across the nation. States can then have additional prohibitors that only apply to said state. If a state conviction or other situation(drug use or mental defect) qualifies under federal law, that makes a person prohibited in every state, commonwealth, territory, and possession of the United States of America. ....and probably for many other countries who also take into consideration such things from other nations.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  7. #17
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    Oakland Mills, Pennsylvania
    (Juniata County)
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by knight0334 View Post
    It is federal law that determines what is prohibiting across the nation. States can then have additional prohibitors that only apply to said state. If a state conviction or other situation(drug use or mental defect) qualifies under federal law, that makes a person prohibited in every state, commonwealth, territory, and possession of the United States of America. ....and probably for many other countries who also take into consideration such things from other nations.
    This.

    Although there are several court cases (federal) that make it clear that a 302 is not federally prohibiting because of the total
    Lack of due process.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  8. #18
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    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by PAMedic=F|A= View Post
    This.

    Although there are several court cases (federal) that make it clear that a 302 is not federally prohibiting because of the total
    Lack of due process.
    Aren't they actually appeals, which have ruled that "as applied", the prohibition is wrong? As such, they apply only to the individuals involved in those specific cases, and don't set a universal precedent.
    Get your "Guns Save Lives" stickers today! PM for more info.

  9. #19
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    Nov 2013
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    Erie, Pennsylvania
    (Erie County)
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by widgetman101 View Post
    The 302 follows you everywhere you go since all the states are linked up with health records. That happened a while ago to prevent someone with a 302 from going to another state, they'll still show it in the system and it will disqualify you. You need to get a lawyer and file to be declared legally competent to own and possess a firearm again. They will trigger the second part of the article you listed from Joshua Princes article which I recommend.

    Keep in mind the complexity and how involved yours may be. I had the unfortunate timing of doing mine years and years ago, started the process in 2015. That law didn't exist at the time, after multiple appeals it went through the local court, the superior court and up to the supreme court. I'm now in an internal limbo partial thanks to Covid while it has been sent back to the lower court to update a few things.

    I literally have a paper from 5+ years ago that has everything I need to end the bs but the PSP just dicks around. I've spent close to $30k over the last 5+ years and I'm stuck again waiting for someone to pull their head out of their ass to sign some forms to make it officially. It's an incredibly frustrating process and asinine to see how the legal system works.
    Are you saying that if you have a 302 in PA, and you move to a state which does not make a 302 a disqualifier, you are still prohibited?

  10. #20
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    Oct 2015
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    State College, Pennsylvania
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    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by SevenMilePete View Post
    Are you saying that if you have a 302 in PA, and you move to a state which does not make a 302 a disqualifier, you are still prohibited?
    A 302 in any state prohibits you in every state. If you go through the process of getting it removed then it's removed from your record for the state. Since that record is only at the state level and now removed then you'd be free to buy in the state it happened or if you move to another state in the future.

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