Results 1 to 10 of 23
-
September 29th, 2020, 02:17 PM #1Super Member
- Join Date
- Oct 2015
- Location
-
BFE,
Pennsylvania
- Posts
- 500
- Rep Power
- 21474845
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!
-
September 29th, 2020, 02:20 PM #2
Re: My 5 year 302 battle comes to an end!
Congratulations
-
September 29th, 2020, 02:24 PM #3
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
-
September 29th, 2020, 02:43 PM #4Grand Member
- Join Date
- Aug 2008
- Location
-
DeepInTheWoods,
Pennsylvania
(Warren County) - Posts
- 2,428
- Rep Power
- 21474854
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
-
September 29th, 2020, 02:51 PM #5Super Member
- Join Date
- Oct 2015
- Location
-
BFE,
Pennsylvania
- Posts
- 500
- Rep Power
- 21474845
-
September 29th, 2020, 02:58 PM #6
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.
-
September 29th, 2020, 03:22 PM #7
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., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
-
September 29th, 2020, 05:33 PM #8
Re: My 5 year 302 battle comes to an end!
Congrats!!!
-
September 29th, 2020, 05:50 PM #9
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.
-
September 29th, 2020, 05:55 PM #10
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.I called to check my ZIP CODE!....DY-NO-MITE!!!
Bookmarks