Jul
16
2019

Firearm Rights Restoration- Federal Government Acknowledges Relief in Pennsylvania

Firearm Rights Restoration- Federal Government Now Acknowledges Relief Issued in Pennsylvania Courts for Mental Health Commitments

On July 1, 2019, the ATF granted the Certification of Qualifying Relief from Disabilities filed by the Pennsylvania State Police.  This decision means that those granted relief in Pennsylvania Courts from firearm prohibitions arising from prior mental health commitments, are relieved of both their state and federal firearms disabilities.

Individuals who have had a prior mental health commitment, can file a motion with the Pennsylvania Courts asserting that they can possess a firearm without risk of harm to self or others under 18 Pa C.S.A. 6105(f).  After a hearing, if the court agrees that the person can safely possess a firearm, the individual will not need to seek additional relief from the federal government.  Before this significant development, many individuals were not eligible for relief at all, and those that were had to go through the often difficult step of proving that their previous commitment was invalid and should be expunged from the record, or seek additional relief in federal court.

Who should consider making a motion for restoration of firearm rights? If you have had a prior 302 commitment, the court will consider factors such as the period of time since the commitment, the severity of the problem at the time of the commitment, the person’s current stability and mental health status, and other relevant facts.  It is also helpful to have members of the family and community to vouch for the individual’s responsibility and safety.  You should discuss your options with an experienced attorney who understands mental health issues as well as the law regarding restoration of firearm rights.  The attorneys at the Mazza Law Group have been successful in obtaining firearms rights restoration orders for clients- call today to see if we can help you, too!  Due to this very recent change to Pennsylvania firearm rights restoration procedure, we will provide a free evaluation of your case, if you call and mention this blog post prior to August 31, 2019.