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Proposed Pennsylvania Bill Creates Means For Relief For Prohibited Persons
#1
PA bill SB102, with 12 sponsors at this time lays out a method for 'Any person subject to the prohibitions under subsection ©(4), or who is prohibited from possessing firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating to unlawful acts) as a result of actions taken under the laws of this Commonwealth.' to petition the court to have their status changed.

http://www.amgoa.org/Proposed-Pennsylvan...e-Law/9743
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#2
Im a little lost as to the provision. I look forward and im hopeful that they open up an ability for those that did something mischievous but without harm when younger and for those that truly reformed or for someone convicted of a stupid law.
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#3
ExcelToExcel;107548 Wrote:Im a little lost as to the provision. I look forward and im hopeful that they open up an ability for those that did something mischievous but without harm when younger and for those that truly reformed or for someone convicted of a stupid law.

I have a friend that was involuntarily committed because she was distraught one night and wouldn't answer her phone so a friend called police. When they showed up she was asleep yet they still took her to the hospital 'just to be safe'. She just found out last month she was prohibited because of it.
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#4
Here's the full text:

http://www.legis.state.pa.us/CFDOCS/Legi...52&pn=1307

Look at this part:

Quote:(3) Notwithstanding any law to the contrary, the
27Pennsylvania State Police [may] shall, within 48 hours of
28receipt, disclose, electronically or otherwise, to the United
29States Attorney General or a designee, any record relevant to
30a determination of whether a person is disqualified from
20130SB1052PN1307 -4-

1possessing or receiving a firearm under 18 U.S.C. § 922 (g)
2(3) or (4) or an applicable state statute.
3* * *
4Section 2. Within 90 days of the effective date of this
5section, the Pennsylvania State Police shall transmit to the
6United States Attorney General all mental health data which
7could have been transmitted to the United States Attorney
8General under 18 Pa.C.S. § 6111.1(f)(3) prior to the effective
9date of this section.
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#5
bac0nfat;107553 Wrote:Here's the full text:

http://www.legis.state.pa.us/CFDOCS/Legi...52&pn=1307

Not sure if you realize it but there are at least two links to the full text on every law page we have
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#6
dc dalton;107557 Wrote:
bac0nfat;107553 Wrote:Here's the full text:

http://www.legis.state.pa.us/CFDOCS/Legi...52&pn=1307

Not sure if you realize it but there are at least two links to the full text on every law page we have

I know, that's where I got the link. But there were no links to the full text in this thread so I just posted it for convenience.
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#7
Where's the section dealing with relief from prohibition?
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#8
ExcelToExcel;107607 Wrote:Where's the section dealing with relief from prohibition?

Did you read the bill?

BTW, had to remove some parens from around letters because the forum software was turning them into copyright symbols.

Quote:Upon application to the court of common pleas under this subsection by an applicant subject to the prohibitions under subsection c 4, the court may grant such relief as it deems appropriate if the court determines that the applicant may possess a firearm without risk to the applicant
or any other person.

1 i Any person subject to the prohibitions under subsection c 4, or who is prohibited from possessing firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating to unlawful acts) as a result of actions taken under the
laws of this Commonwealth, may apply to the court of common pleas for relief. The court shall grant relief if the court determines by clear and convincing evidence and makes findings that the applicant does not present a risk of harm to the applicant or any other person, will not be
likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The court order, whether denying or granting relief, shall also be supported by findings of fact and conclusions of law. In making its decision, the
court shall receive and consider evidence relating to the following:

(A) The circumstances of the original commitment, appointment of a guardian or other finding of incompetency or incapacity.

(B) The applicant's mental health records,including the original commitment application and any related order, or other finding of incompetency or incapacity and medical records relating to any hospitalization resulting from the involuntary commitment, if any.

C The applicant's criminal history record.
D The applicant's character and reputation.
E Changes in the applicant's condition or circumstances relevant to the relief sought.

Then below it states how their record is to be cleared:

Quote:(j) Copy of order to State Police.--

(1) If [the court grants relief from the disabilities imposed under this section] a court grants any relief authorized by this section, a copy of the order shall be sent by the prothonotary or Clerk of Court within ten days of the entry of the order to the Pennsylvania State Police and shall
include the name, date of birth and Social Security number of the individual.

(2) In all cases of relief authorized under this section, the Pennsylvania State Police shall, upon the expiration of any applicable appeal period, take all steps necessary to comply with the order, including, when required, notifying the Federal Bureau of Investigation and the National Instant Check System, regarding the order.
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#9
dc dalton;107551 Wrote:I have a friend that was involuntarily committed because she was distraught one night and wouldn't answer her phone so a friend called police. When they showed up she was asleep yet they still took her to the hospital 'just to be safe'. She just found out last month she was prohibited because of it.

While I know it frequently happens, my understanding is that being 'taken in' actually shouldn't trigger the prohibition as the law is actually written. It's the actual determination made during that involuntary commitment that should be the determining factor. That way, these "just in case" situations and/or commitments made after false statements by someone else don't create a hardship for someone who really is "ok".

However, like in so many other things, the government knows they have the overwhelming advantage, so they do what they will and throw the burden back on the individual. The PSP know you were taken in? They're going to say you're prohibited until you take them to court and prove otherwise.

Temporarily prohibited, but now you're not, and you want your guns back? Sorry, we won't give them back unless you can get a court to order it.

Same shit, different day.Angry
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#10
gnbrotz;107655 Wrote:While I know it frequently happens, my understanding is that being 'taken in' actually shouldn't trigger the prohibition as the law is actually written. It's the actual determination made during that involuntary commitment that should be the determining factor. That way, these "just in case" situations and/or commitments made after false statements by someone else don't create a hardship for someone who really is "ok".

My friend didn't really think anything of it, but here we are years later and she is in fact prohibited because of it.

From the research I have done all it takes is a doctor signing the paperwork admitting the person.
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