I often receive calls from clients who are trying to determine whether they are prohibited because of mental health commitment. Voluntary commitments are not prohibiting; however, and unfortunately, it has been my experience that individuals that agree to be voluntarily committed are often committed involuntarily based on the paperwork that the hospital files with the county Mental Health and Mental Retardation department. Accordingly, even if you believe you were voluntarily committed, you should proceed as if you have been involuntarily committed.
First, a Pennsylvania State Police background check will not reflect any mental health commitments. It will only reflect criminal convictions. Also, I have confirmed with the PSP that a PA Right to Know Law Request by the individual for any mental health records that the PSP has on that individual will not result in disclosure of any such records. Although the PSP will respond to the Right to Know Request stating that no records have been found, the PSP may actually have records.
Accordingly, it is very important to contact an attorney who knows what he or she is doing. The attorney will have to procure records from the hospital(s) and the county Mental Health and Mental Retardation Department. If records are found, they must be reviewed for compliance with PA’s Mental Health and Procedures Act. It has been my experience that quite often, the hospitals do not comply with the requirements of the Act. When they fail to comply with the Act, you are entitled to expungement of those records, which will result in the lifting of any prohibition.
Even if the records reflect that the hospital complied with the law, you still may have the ability to have your firearm rights restored and the records expunged. It is very important to discuss these issues with an attorney cognizant of state and federal firearms laws, as in order to relieve any federal firearms disability, you must obtain expungement of your involuntary commitment.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
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