I am honored to announce, after fighting the U.S. Government over this issue for several years, that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has conceded that a grant of state relief in relation to a prior mental health commitment is sufficient to relieve the individual of any prohibition under federal law.
In issuing the July 1, 2019 ATF Certification of Qualifying State Relief from Disabilities Program form, both the ATF and Pennsylvania State Police have concluded that Pennsylvania’s mental health relief program is sufficient for purposes of the NICS Improvement Amendments Act (NIAA) and therefore an individual who obtains state relief from an involuntary mental health commitment (i.e. Section 302, 303, 304…etc commitment) is relieved of any disability under 18 U.S.C. § 922(g)(4).
Thus, if you have been involuntarily committed in Pennsylvania, a grant of state relief will now relieve both your state and federal disabilities, permitting you to purchase, possess and utilize firearms and ammunition.
If you or someone you know has been involuntarily committed and wish to restore your rights, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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).
View all posts by Joshua Prince, Esq.
7 thoughts on “MONUMENTAL Determination from ATF – Grant of State Relief Relieves Federal Prohibition Relating to Mental Health Commitments”
With the new Clean Slate Law in PA, will the misdemeanors hindering gun ownership allow us to now purchase a firearm if those records are going to be sealed?
Can a person file a petition pro se to get a firearms relief of disabilities?
Depending on the disability (I.e. assuming there is a provision of law that provides for relief), one could; however I’d highly recommend against it, since the PSP will have an attorney at any hearing that occurs and if you lose, any appeal would be based on the record you made (which likely would not include all evidence and arguments a competent attorney would make) and you may be precluded from being a new action with counsel.
What can be done if someone can not afford an Attorney?
What is the next step if I have already been granted relief by the state for a 302 under 6105(f)? Is the process for Federal relief automatic? Does the PSP remove you from the PICS database, and do they relay that info to NICS for database removal as well? I petitioned the Centre county court back in 2014, and the order was just recently signed in June 2019 right before this agreement was signed. I have my fingers crossed that I will soon be able to have my guns back.
What is the process for relief from firearms disabilities based on 303,304 and 305 commitments?