Today, Attorney Eric Winter successfully argued for dismissal of charges before a York County Magistrate Judge. The charges were filed by the York County Sheriff in relation to a putative false statement our client made when applying for a license to carry firearms ("LTCF"). In arguing that our client had not been committed to a … Continue reading York County Magistrate Judge Dismisses Charges of Making False Statements in Relation to Prior Putative Mental Health Commitment
Tag: 302
MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)
We are extremely proud to announce that today Attorney Joshua Prince was successful in having Federal District Court Judge Kim Gibson of the Western District of Pennsylvania rule that an involuntary commitment under Section 302 of Pennsylvania's Mental Health and Procedures Act ("MHPA") is insufficient to trigger a federal firearms and ammunition disability under 18 … Continue reading MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)
Devastating Decision Regarding Mental Health Commitment Challenges and Firearms Rights
Late last week, the Pennsylvania Supreme Court issued its decision in In re: Nancy White Vencil, 90 MAP 2015, which overturned the Pennsylvania Superior Court's learned decision finding that a challenge, pursuant to 18 Pa.C.S. § 6111(g)(2), to the sufficiency of an involuntary commitment was to be de novo, supported by clear and convincing evidence, where … Continue reading Devastating Decision Regarding Mental Health Commitment Challenges and Firearms Rights
Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights
Yesterday, the Commonwealth Court issued a decision in PSP v. Slaughter, 858 C.D. 2015, where the court held that the Pennsylvania State Police ("PSP") can meet its burden, through circumstantial evidence, establishing that an individual is a prohibited from purchasing and possessing firearms due a putative involuntary commitment. While the factual background for this case … Continue reading Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights
6th Circuit Court of Appeals Rules that an Involuntary Commitment is Insufficient for Stripping One of His/Her 2nd Amendment Rights
In a decision issued by the 6th Circuit Court of Appeals yesterday, the court found that it was unconstitutional to strip an individual of his 2nd Amendment rights when he had been involuntarily committed for less than a month after a devastating divorce some 28 years ago. This is a major victory for 2nd Amendment … Continue reading 6th Circuit Court of Appeals Rules that an Involuntary Commitment is Insufficient for Stripping One of His/Her 2nd Amendment Rights
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