RESTORATION OF FIREARM

RESTORATION OF FIREARM RIGHTS

While most people are aware that certain criminal convictions can result in the prohibition of the right to carry, possess and purchase firearms, most people are unaware that, under both Pennsylvania and federal law, an involuntary mental health commitment can also result in the restriction of one’s right to bear arms, thereby prohibiting one from purchasing, possessing and carrying a firearm.

Under the Pennsylvania Uniform Firearms Act, signed into law in 1995, a person who has been involuntarily committed to a mental institution or hospital for inpatient care and treatment pursuant to the Mental Health Procedures Act, is not permitted to possess, use, control, sell, transfer or manufacture a firearm, or obtain a license to do any of the aforementioned. The same restrictions are set forth in Title 18 of the federal code.

Many people who are involuntarily committed (often times referred to as “302’d” due to the subsection such authority falls under within the Mental Health Procedures Act, 50 P.S. § 7302) are unaware of the affect such a commitment has on their constitutional right to bear arms until they attempt to purchase a firearm or apply for a license to conceal and carry a gun. While the theory behind the firearms restriction is an attempt to prohibit individuals, who may be an ongoing danger to themselves or others, from accessing firearms, many times involuntary commitments for mental health treatment occur due to an acute set of circumstances instead of longstanding or significant mental health issues. In these circumstances, individuals may very well not be a danger to themselves or others either during or following commitment and, in such cases, thankfully there are legal avenues available in order to seek restoration of one’s right to bear arms.

Fortunately, there are avenues to restore your right to bear arms, not only if you’ve been subject to an involuntarily commitment, but also if you are prohibited by way of a criminal conviction or other reasons. Due to the complexity of petitioning the court for an expungement of your records and/or the restoration of your firearm rights without an expungement, you should seek legal counsel from an attorney experienced in restoration of firearm rights. The attorneys at Myers Law Group have proven success in restoring firearm rights for individuals in multiple counties throughout Pennsylvania. If you know or believe you have a prohibition on your right to bear arms, call our office to discuss your options with an experienced restoration of gun rights attorney.