Cost of restoring gun rights after 302

[Jpslcollins28]

I am looking for anyone who has pursued restoration of gun rights after a 302 or in general. What did it cost you and how long of a process was it? I am just trying to see what I am in for. Thank you all!

[MARINE DIVISION TWO]

GUNLAWYER on this site can give you a more dinfinitive estimate regarding reasons you have the 302,good luck !

[widgetman101]

I am looking for anyone who has pursued restoration of gun rights after a 302 or in general. What did it cost you and how long of a process was it? I am just trying to see what I am in for. Thank you all!

What your in for will depend on the complexity of your 302 as well as the location of your lawyer. IE - If he's far away you're going to pay more at trial time etc. Here is what mine has looked like so far as far as process, costs and time involved:

1.) Find a lawyer (PM for recommendation)
2.) Pay base retainer
3.) Sign HIPPA release stuff so they can get your health records
4.) Go over records, evaluate what can be done - new larger retainer
5.) File to the court
6.) Wait for acceptance by the court to hear the case
7.) Pay for briefs, reply briefs
8.) Go to court, pay more
9.) Wait for court to release ruling

This took me about a year, cost around $9k

1.) Get verdict - hope they like you on the first trip and the PSP doesn't appeal
2.) Assuming they don't like your case and deny you can apply for a motion for reconsideration
3.) Pay more money
4.) Get reconsideration and expungement granted (woot woot)
4.) Watch the PSP appeal to the superior court (shit)

Now that put me up around $12k

Superior court

1.) Pay new retainer
2.) Wait for dockets and acceptance for the appeal
3.) Pay for another round of briefs and counter briefs
4.) See if they want to hear it in court or decide on briefs
5.) Wait
6.) Get decision
7.) Hope they affirm the decision (Mine wasn't)
8.) File motion for another reconsideration (I'm here)

Total spent: Nearing $20k now, time spent a little over 2 years. I'll see what happens next but I'm not done fighting.

[PAMedic=F|A=]

What your in for will depend on the complexity of your 302 as well as the location of your lawyer. IE - If he's far away you're going to pay more at trial time etc. Here is what mine has looked like so far as far as process, costs and time involved:

1.) Find a lawyer (PM for recommendation)
2.) Pay base retainer
3.) Sign HIPPA release stuff so they can get your health records
4.) Go over records, evaluate what can be done - new larger retainer
5.) File to the court
6.) Wait for acceptance by the court to hear the case
7.) Pay for briefs, reply briefs
8.) Go to court, pay more
9.) Wait for court to release ruling

This took me about a year, cost around $9k

1.) Get verdict - hope they like you on the first trip and the PSP doesn't appeal
2.) Assuming they don't like your case and deny you can apply for a motion for reconsideration
3.) Pay more money
4.) Get reconsideration and expungement granted (woot woot)
4.) Watch the PSP appeal to the superior court (shit)

Now that put me up around $12k

Superior court

1.) Pay new retainer
2.) Wait for dockets and acceptance for the appeal
3.) Pay for another round of briefs and counter briefs
4.) See if they want to hear it in court or decide on briefs
5.) Wait
6.) Get decision
7.) Hope they affirm the decision (Mine wasn't)
8.) File motion for another reconsideration (I'm here)

Total spent: Nearing $20k now, time spent a little over 2 years. I'll see what happens next but I'm not done fighting.

You & you're lawyer are aware of the federal court ruling that 302's do not prohibit people from firearms ownership because it does not meet the legal definition of adjudication?

[widgetman101]

You & you're lawyer are aware of the federal court ruling that 302's do not prohibit people from firearms ownership because it does not meet the legal definition of adjudication?

Yes, that's my lawyer and this ruling was made after my original court case ended.

Also, to further clarify the article you linked is FEDERAL court, not a state court. At the federal level you're talking even more $$$ and time. Mine is at the state level heard and won locally then appealed by the PSP which lead us to the superior court on appeal by the PSP. Depending on how the motion of reconsideration goes my next stop will be federal court.

It's important to understand how the laws work at both the state and federal levels. It would be nice and one would think that if a federal court rules on something that the state would follow but that's unfortunately not how things seem to work.

Assuming the OP starts at the federal level and bypasses trying at the state level I believe the retainer was $7,500. Not 100% sure though, personally I'm hoping I don't have to go that far. My post was my experience so far which is what he asked for, it could be much cheaper or it could be as costly - It all depends on how many roadblocks get thrown along the way. Each one costs more and more money and time

[PAMedic=F|A=]

Yes, that's my lawyer and this ruling was made after my original court case ended.

Also, to further clarify the article you linked is FEDERAL court, not a state court. At the federal level you're talking even more $$$ and time. Mine is at the state level heard and won locally then appealed by the PSP which lead us to the superior court on appeal by the PSP. Depending on how the motion of reconsideration goes my next stop will be federal court.

It's important to understand how the laws work at both the state and federal levels. It would be nice and one would think that if a federal court rules on something that the state would follow but that's unfortunately not how things seem to work.

Assuming the OP starts at the federal level and bypasses trying at the state level I believe the retainer was $7,500. Not 100% sure though, personally I'm hoping I don't have to go that far. My post was my experience so far which is what he asked for, it could be much cheaper or it could be as costly - It all depends on how many roadblocks get thrown along the way. Each one costs more and more money and time

TY for sharing.

[KCJones]

Billions.

What others have said here is true, which amounts to "it depends"

But it ain't gonna be cheap in any case.

[Mikado]

Recently became aware of a 302 from 2000. I was told at the time by the "physician" that if I converted to a "voluntary" that the 302 would go away. Well that was not quite true as I found out after applying for my CCP. After being denied, I filed a challenge to PIC and found out about the 302. I have attempted to get my medical records but I was informed that they no longer were available since they would have been eliminated after 7 years and that I would have been given the opportunity to receive them but they would have contacted my at my last known address from 2000. I have obtained the original documents from Chester County Mental Health and am going to get a psych evaluation done by a licensed psychiatrist. Further, my 93 year old Mother said she would sign a notarized affidavit owing to the fact that she tried to have the 302 annulled when she realized that she was being duped by my wife. You cannot rescind a 302 after being signed or so she was told. After I have all of this compiled, I hope to retain a lawyer.

I have found several, one local, one a county away, one in the capital area and one in Pittsburgh. I have called one and did have a phone conversation with the attorney who advised me to do what I have outlined above. I called another local attorney but was stopped by the receptionist when they wanted a $100 fee for answering questions. That pretty much scared my away from him.

I will say that the 302 was done by a "soon to be ex-wife" who coerced my Mother and youngest daughter to sign the papers. After reading the basis for the 302 in the letter provided by my daughter, it revolved around my comment about "till death do us part" comment I made. She apparently went into warp drive with that.

Long story short....Why can't an attorney evaluate the case in an initial consultation and/or after a compilation of the facts (willing to pay for that)? I know in my business, everyone wants a "binding" estimate regardless of hidden issues. I am not saying an attorney should not be paid for their services, what I am saying is that an idea would be great so one can decide how to budget etc.

Now, is anyone aware of PA HB2463? Currently as of 9-12-18, it is "Laid on the table", whatever that means. This bill would make a 302 to be only restrictive to firearms ownership/CCA for a period of 6 months from the date of 302.

This may be a boon to those who have had a 302 used as a tool for harassment, vengeance, retribution etc. to regain their 2nd Amendment rights but a loss to an attorneys income. What do you think are the chances of this passing the House and the Senate when most are lawyers?

Well, the thrust of my tome here is that it would be nice to have an idea as to cost involved and not just a nebulous "whatever it takes".

Has anyone ever had a spouse who filed for divorce and used the 302 as a means as described? And as a side note, she filed for a divorce 4 days prior to my 302 which was before I was served.

[Bang]

If ex-wife was the driving force behind the 302, why didn't she also get a Protection From Abuse order? If she didn't, (and no one did), that might be helpful to your case.

Pending law of six months after 302 if passed would be current law. Disposition and results regarding 302 as written back in the day would be unchanged, sorry to guess.

I'm having a little trouble understanding how you could be 302'd under the described circumstances and just become aware of it due to a PICS check. Sounds like you may have lied on the 4473 question 11f and will be lucky if not prosecuted for a felony.

[Walleye Hunter]

That non-refundable xxx.00 that some of them require before they'll even talk to you drives me away from them as well. I have a guy who even does a bit of research (well his underlings do anyway), gets back to me and asks if I want to come in for an initial consultation. He's not a firearms specialist but he is a dam good lawyer.