Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2015
    Location
    State College, Pennsylvania
    Posts
    64
    Rep Power
    2196263

    Default My 5 year 302 battle comes to an end!

    It seems like I've been posting forever on every thread that comes up related to 302's and involuntary commitments. After I had found out I was prohibited from a 302 nearly 2 decades old I decided to finally explore fighting it in 2015. Talk about an adventure that I never thought would consume 5 years of my life to resolve.

    In 2015 I reached out to Joshua Prince to investigate the 302 and go over my situation. Shortly after discussing things we started on the process of getting the 302 removed off my record. The following can probably be helpful for anyone in a similar situation thinking about fixing it.

    Step 1.) Contact a lawyer and schedule a consultation - If possible contact the hospital and see what records you can get

    Step 2.) Sign HIPPAAs release forms - This way the lawyer can get whatever documents you're unable to get directly, it's amazing what they can get that you won't

    Step 3.) Schedule a Psych evaluation - You need to find one that will offer MMPI testing that relates to previous commitments and your current condition - At the end of that they write a conclusion that is basically geared to declare you can posses a firearm without risk or threat to yourself or anyone else

    Step 4.) File court documents and wait - In this period whatever lawyer you select will file briefs then you wait for the PSP to file their briefs. Additionally you have reply briefs to cover the original briefs with additional info/law etc - Keep in mind these add up

    Step 5.) More or less wait for a court date - This took me close a year to get to this point

    Step 6.) Wait on the verdict, hope you win and that the PSP doesn't appeal

    In my case we lost the initial case and I opted to file a motion for reconsideration that was granted. I had to then wait more to hear back on what the updated decision would be. That took another 3 months or so to finally hear back and the verdict went in my favor (1.3 years in). The next 30-days were painful waiting and wondering if the PSP would appeal.

    Low and behold about 28 days in we heard back that the PSP was appealing the verdict. This is where the adventure started to become more expensive and time consuming. After they appealed you then have to file more briefs and wait for them to review the case in the Superior Court. By the time I heard back on that I was about 2.3 years into the process.

    Again we wait for things to go back to the lower court, but guess what there's more. Instead of the PSP letting it go to the lower court the did a petition for review with the PA supreme court and again we wait. During this process another case that was sort of related was also under review. I think that process ended around the 4/yr mark of my fight.

    Laws then changed again in 2019 related to mental health commitments, blog reference - https://blog.princelaw.com/2019/07/0...h-commitments/

    After that while my case has been in limbo we moved to adjust per the state relief grants. Well after a long wait we finally got things fixed with the PSP and as of now I'm a happy legal gun owner again! I wish it happened sooner while ammo was easy to come buy and prices weren't as high but I'll take what I can get. So far since getting my rights restored I've bought a few guns and got my LTCF too, it'll be nice to start commenting on actual gun threads now

    Thanks again to Joshua, he's been great to work with and I highly recommend if you need a gun lawyer!

  2. #2
    Join Date
    Jan 2012
    Location
    Glen Mills, Pennsylvania
    Posts
    7,903
    Rep Power
    21474852

    Default Re: My 5 year 302 battle comes to an end!

    Congratulations
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  3. #3
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
    Posts
    6,743
    Rep Power
    21474850

    Default Re: My 5 year 302 battle comes to an end!

    Congratulations and this should get a sticky as a warning for others about 302
    The Gun is the Badge of a Free Man

  4. #4
    Join Date
    Aug 2008
    Location
    DeepInTheWoods, Pennsylvania
    (Warren County)
    Posts
    2,144
    Rep Power
    21474851

    Default Re: My 5 year 302 battle comes to an end!

    Makes you want to sue whoever issued the 302 for costs.
    American by BIRTH, Infidel by CHOICE

  5. #5
    Join Date
    Oct 2015
    Location
    State College, Pennsylvania
    Posts
    64
    Rep Power
    2196263

    Default Re: My 5 year 302 battle comes to an end!

    Quote Originally Posted by markshere2 View Post
    Makes you want to sue whoever issued the 302 for costs.
    Believe me, I asked the question but unfortunately you can't!

  6. #6
    Join Date
    Jan 2013
    Location
    Delco, Pennsylvania
    (Delaware County)
    Posts
    1,272
    Rep Power
    21474845

    Default Re: My 5 year 302 battle comes to an end!

    Congratulations. Enjoy your freedom to own firearms again. Be safe.
    Sticks and stones will break my bones but hollow points expand on impact.

  7. #7
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    48
    Posts
    19,083
    Rep Power
    21474870

    Default Re: My 5 year 302 battle comes to an end!

    Congrats!

    Holy fucksticks though on that process!
    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!

  8. #8
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery County)
    Posts
    3,353
    Rep Power
    21474847

    Default Re: My 5 year 302 battle comes to an end!

    Congrats!!!

  9. #9
    Join Date
    Jun 2010
    Location
    Eastern PA, Pennsylvania
    (Delaware County)
    Posts
    1,096
    Rep Power
    17506391

    Default Re: My 5 year 302 battle comes to an end!

    I am pleased to see you had the tenacity and the right lawyer to see it through.

    Five years is a long time to fight...regardless of what it is...savor the victory.

  10. #10
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    28,310
    Rep Power
    21474878

    Default Re: My 5 year 302 battle comes to an end!

    "Freedom isn't Free" sure does have a bitter taste when you say it regarding your situation.

    Congrats.
    FOR SALE!!!!! AR15 Package Pittsburgh Click for INFO

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