Firearms Restoration

[OkayDay]

Hello. I am having a very hard time finding answers to my questions and thought maybe someone here would have insight. Seven years ago, I was 302ed. I was blackout drunk when it happened. I don’t think I actually made threats of self-harm, but my father wanted to use it as a wake up call and it worked. I went to rehab a week later and I’ve been sober ever since. I got a job, finished school, got married and had a few kids. I have never been medicated for a psychiatric condition. I have sought therapy over the years for normal life stressors. I regularly attend AA meetings.

I like to hike and fish, sometimes alone and sometimes with my young children. I would like to carry a firearm while I do this but obviously cannot at this point in time. I spoke to two lawyers who said I am an ideal candidate for restoration. Their estimated costs were between $6,000-$10,000. I will simply never have that amount of money to dedicate to this cause. One of the lawyers did say he had seen one or two people figure this process out on their own. I am wondering if anyone has any advice on how to even start this process, or where I could find the information on how to do so.

[Xringshooter]

When you joined the forum did you do a search on 302's and restorations? If you did you would have found a lot of information. Yes, you would have had to do a lot of reading and some of the posts might not be exactly what you are looking for but they would have led you in the right direction. If you did not and don't want to do any forum search work yourself, your post sounds like an expedition.

Bottom line, to restore your firearms rights, do it right, use a good pro firearms lawyer (there are several on the forum), and even then it will take a good while. As far as I know, even lawyers will set up payment plans.

[KCJones]

Hello. I am having a very hard time finding answers to my questions and thought maybe someone here would have insight. Seven years ago, I was 302ed. I was blackout drunk when it happened. I don*t think I actually made threats of self-harm, but my father wanted to use it as a wake up call and it worked. I went to rehab a week later and I*ve been sober ever since. I got a job, finished school, got married and had a few kids. I have never been medicated for a psychiatric condition. I have sought therapy over the years for normal life stressors. I regularly attend AA meetings.

I like to hike and fish, sometimes alone and sometimes with my young children. I would like to carry a firearm while I do this but obviously cannot at this point in time. I spoke to two lawyers who said I am an ideal candidate for restoration. Their estimated costs were between $6,000-$10,000. I will simply never have that amount of money to dedicate to this cause. One of the lawyers did say he had seen one or two people figure this process out on their own. I am wondering if anyone has any advice on how to even start this process, or where I could find the information on how to do so.

I don't say this without great sympathy for your situation, but I also say it realistically: If you can't find a way to pay the legal fees, it's very unlikely you're getting restored, IMHO.

I say that based on a couple friends of mine who've been in similar situations. Made young/dumb mistakes long ago. One had usual teenage angst and was 302'd by freaky-deaky parents 12 years ago. The other had a teenage felony DUI and served time for it, but is now out and sober for 15 years+. Both are IMO mature / responsible adults. They are friends, they are neighbors. I would trust either of them to watch my children, guard my home, or otherwise put my life / most-valued assets in their hands. I would advocate for either of them to have their rights restored. Both tried for restoration 'on their own dime / via sweat equity'... Both failed. One (DUI guy) ended up paying for an attorney and got restored. The other never did, and never did.

Also, time will tell. 7 years IMO pretty impressive if you've been clean/sober the entire time. But IME something about "10 years clean" resonates with judges. Just sayin.

I wish you the best. I'm just tellin' you my experience.

KC

[widgetman101]

The estimate they gave you is fair, the end cost will depend on how far you have to go. You can read my story here - https://forum.pafoa.org/showthread.php?t=365429

My costs were a lot more than what you posted but I also had to go deep into the court system too. It's actually a lot easier now so it may cost you less. Not a lawyer but as I understand it if you go to court and are declared competent to own a firearm that is enough to get your rights restored now. Previously the bar was complete expungement of the 302 itself, which is what caught me up in years of legal battles.

Current steps should be contacting a lawyer, getting HIPPA info on hospital stay. Locate a phycologist that will do the MMPI testing and file into the court after you have that done. From there it's just a question of how much the PSP will fight you - You can figure on each brief costing you $1k and another $1k for each counter brief replying to whatever the PSP argues. Then depending on where you are + where your lawyer is you have costs for the trial + their travel time.

Where you get deep cash wise is after that point if you have to continue to appeal and file into higher courts. With the law changes that shouldn't be the case for you though. If I had to do it again with the current law I would have won and had my rights restored after getting the first court verdict which I think by that point I was under $5k in total costs.

[Jhaydeno]

Just my opinion, but pull as many of your medical records as you can now, on your own, and tuck them away somewhere safe. Over the years we have heard stories from multiple people who*s records from 20 years ago were lost, misplaced, or destroyed, and it makes the process much more expensive.

[iUxTc]

When you joined the forum did you do a search on 302's and restorations? If you did you would have found a lot of information. Yes, you would have had to do a lot of reading and some of the posts might not be exactly what you are looking for but they would have led you in the right direction. If you did not and don't want to do any forum search work yourself, your post sounds like an expedition.

Bottom line, to restore your firearms rights, do it right, use a good pro firearms lawyer (there are several on the forum), and even then it will take a good while. As far as I know, even lawyers will set up payment plans.

Hes not going to listen, he already said he wont pay for a lawyer. He wants you to tell him exactly what to do for free. If he was an adult, its harder to get rid of commitments(said a lawyer) than if he was a child under 18 and was committed for fighting in school etc. In response to the OP, here is the deal, unless you have been on Mars the last couple of months there is a big debate on MENTAL HEALTH and making laws stricter. No judge will consider anything remotely possible for probably the next 5 years or so.

Also, depending on how long ago the act was committed, there are prohibitions on "habitual drunkard" categories, creating a separate issue.

[widgetman101]

Hes not going to listen, he already said he wont pay for a lawyer. He wants you to tell him exactly what to do for free. If he was an adult, its harder to get rid of commitments(said a lawyer) than if he was a child under 18 and was committed for fighting in school etc. In response to the OP, here is the deal, unless you have been on Mars the last couple of months there is a big debate on MENTAL HEALTH and making laws stricter. No judge will consider anything remotely possible for probably the next 5 years or so.

Also, depending on how long ago the act was committed, there are prohibitions on "habitual drunkard" categories, creating a separate issue.

If you have no experience with what he's asking about you should probably not post FUD. Debate related to mental health means absolutely dick until something is put into law that would impact him. Being drunk when it happened also means absolutely dick too.

Unless he has some ongoing drug use it he would talk about his current life during court and what has changed within the years. Pretty easy to explain hey I was a dumb kid but I got my life together, I graduated school, I've been at the same job for x number of years, I'm now married with x amount of kids. I just want to be able to own a gun for personal protection when a I hunt/fish, if my kids want to hunt or learn to shoot and personal protection.

I do agree that he 100% should get a lawyer but if he doesn't have the money and really wants to try now is the time to do it before they do actually pass more mental health barriers. He would need to get his medical records, get the MMPI testing done by a qualified phycologist (Mine was either $250 or $500 can't remember 100%) then submit the proper paperwork to the court. As long as the MMPI paperwork declares and states they feel he's legally competent to own and use firearms that should be enough for the PSP to clear him in the PICS/NICS system now.

They may require it to go to actual court so he'd need to supply his own brief with the phycologist's findings as well as other medical records. The goal here would be the judge granting a verdict declaring him competent to own and use firearms at which point the PSP clears you in the system. Again, all this stuff is much easier with a good lawyer but if he can't afford it and wants to take a shot I say take the shot.

[SigForLife]

If you have no experience with what he's asking about you should probably not post FUD. Debate related to mental health means absolutely dick until something is put into law that would impact him. Being drunk when it happened also means absolutely dick too.

Unless he has some ongoing drug use it he would talk about his current life during court and what has changed within the years. Pretty easy to explain hey I was a dumb kid but I got my life together, I graduated school, I've been at the same job for x number of years, I'm now married with x amount of kids. I just want to be able to own a gun for personal protection when a I hunt/fish, if my kids want to hunt or learn to shoot and personal protection.

I do agree that he 100% should get a lawyer but if he doesn't have the money and really wants to try now is the time to do it before they do actually pass more mental health barriers. He would need to get his medical records, get the MMPI testing done by a qualified phycologist (Mine was either $250 or $500 can't remember 100%) then submit the proper paperwork to the court. As long as the MMPI paperwork declares and states they feel he's legally competent to own and use firearms that should be enough for the PSP to clear him in the PICS/NICS system now.

They may require it to go to actual court so he'd need to supply his own brief with the phycologist's findings as well as other medical records. The goal here would be the judge granting a verdict declaring him competent to own and use firearms at which point the PSP clears you in the system. Again, all this stuff is much easier with a good lawyer but if he can't afford it and wants to take a shot I say take the shot.

You forgot (among other things) the part, where he’ll need to retain the psych and depose him during the court proceeding, because the report, itself, constitutes hearsay and is thus inadmissible.

[widgetman101]

You forgot (among other things) the part, where he’ll need to retain the psych and depose him during the court proceeding, because the report, itself, constitutes hearsay and is thus inadmissible.

That’s exactly why I hired you haha, I’m sure I forgot a lot of other steps it was a long road.

[iUxTc]

If you have no experience with what he's asking about you should probably not post FUD. Debate related to mental health means absolutely dick until something is put into law that would impact him. Being drunk when it happened also means absolutely dick too.

Unless he has some ongoing drug use it he would talk about his current life during court and what has changed within the years. Pretty easy to explain hey I was a dumb kid but I got my life together, I graduated school, I've been at the same job for x number of years, I'm now married with x amount of kids. I just want to be able to own a gun for personal protection when a I hunt/fish, if my kids want to hunt or learn to shoot and personal protection.

I do agree that he 100% should get a lawyer but if he doesn't have the money and really wants to try now is the time to do it before they do actually pass more mental health barriers. He would need to get his medical records, get the MMPI testing done by a qualified phycologist (Mine was either $250 or $500 can't remember 100%) then submit the proper paperwork to the court. As long as the MMPI paperwork declares and states they feel he's legally competent to own and use firearms that should be enough for the PSP to clear him in the PICS/NICS system now.

They may require it to go to actual court so he'd need to supply his own brief with the phycologist's findings as well as other medical records. The goal here would be the judge granting a verdict declaring him competent to own and use firearms at which point the PSP clears you in the system. Again, all this stuff is much easier with a good lawyer but if he can't afford it and wants to take a shot I say take the shot.

That may be the case, but expnging adult 302 is not that common. And the judges verdict is the judges verdict. Every common pleas judge i have seen at sentencing or before rendering their verdicts make a statement in court about current events and how that factored into their ruling. It has nothing to do with laws that are or haven't been passed yet, it is totally up to how they feel about the situation.