We are extremely proud to announce that today Chief Counsel Joshua Prince of the Firearms Industry Consulting Group was successful in having Federal District Court Judge Jeffrey Schmehl of the Eastern 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 … Continue reading MONUMENTAL DECISION – Second Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Federal Firearms Disability
Tag: involuntary commitment
MONUMENTAL Determination from ATF – Grant of State Relief Relieves Federal Prohibition Relating to Mental Health Commitments
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 … Continue reading MONUMENTAL Determination from ATF – Grant of State Relief Relieves Federal Prohibition Relating to Mental Health Commitments
York County Magistrate Judge Dismisses Charges of Making False Statements in Relation to Prior Putative Mental Health Commitment
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
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)
PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success
We are extremely proud to announce that Attorney Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment. As our viewers are likely aware from Attorney Prince’s blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment, … Continue reading PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success
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
U.S. Government to Withdraw Appeal in Second Amendment As-Applied Challenge Relating to a Mental Health Commitment
As our viewers are aware, I was previously successful in establishing a right to relief in a Second Amendment as-applied challenge involving a mental health commitment - Monumental Decision from the Middle District of Pennsylvania Regarding Mental Health Commitments and the Second Amendment. Thereafter, the U.S. Government filed an appeal to the Third Circuit Court, … Continue reading U.S. Government to Withdraw Appeal in Second Amendment As-Applied Challenge Relating to a Mental Health Commitment
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
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