302 Moving To Another State Legality?

[t1066]

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.

[tankman1989]

OP - please check your PM's

[JohnSmith33]

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

[Daycrawler]

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?

[markshere2]

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..

[knight0334]

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.

[PAMedic=F|A=]

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.

[gnbrotz]

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.

[SevenMilePete]

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?

[widgetman101]

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.