BY J. CHADWICK SCHNEE, ESQ. – THE LAW OFFICE OF TUCKER HULL, LLC
Closing out #MentalHealthAwarenessMonth, the Law Office of Tucker Hull explores the process of restoring the ability to own firearms for individuals that have previously been involuntarily committed.
Both the Federal Constitution and the Pennsylvania Constitution expressly provide that individuals have the right to own firearms.
As discussed in a blog post earlier this month, a person involuntarily committed under the Mental Health Procedures Act loses a number of important rights, including the right to possess firearms. Specifically, under the Pennsylvania Uniform Firearms Act, 18 Pa.C.S. §§ 6101 et seq., a “person who has been … involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of … the Mental Health Procedures Act” can no longer own a firearm. See 18 Pa.C.S. § 6105(c)(4). Additionally, under Federal law, it is ” unlawful for any person … (4) who has been adjudicated as a mental defective or who has been committed to a mental institution … to … possess … any firearm or ammunition…” 18 U.S.C. § 922(g)(4).
In other words, if a person is committed under the Mental Health Procedures Act, they lose the ability to own a firearm.
However, people can challenge the ban on owning firearms and expunge records of 302 commitments through the Uniform Firearms Act. Specifically, individuals may restore restoration of firearms rights under 18 Pa.C.S. § 6105(f)(1) and seek the expungement of mental health records under 18 Pa.C.S. § 6111.1(g)(2).
There are three possible avenues for seeking to restore firearm rights in Pennsylvania:
- There was not sufficient evidence for the person to have been committed;
- A provision under the Mental Health Procedures Act was not followed; or
- The person no longer possesses a risk to anyone.
Under the first two paths, a person may be able to have a mental health commitment completely expunged. If a commitment is expunged, then a person can once again possess firearms under both Pennsylvania and Federal law.
Under the third path, a person can present evidence to a court of common pleas that the individual is no longer a threat to anyone. If successful, the commitment still stands, but a person is legally able to once again own a firearm under Pennsylvania law. Under Federal law, however, the individual would still be prohibited from owning a firearm, except for “antique firearms.”
Additionally, a person can have their firearm rights restored years after the original mental health commitment occurred.
If you would like to learn more about the process for restoring firearm rights following a mental health commitment, the attorneys at the Law Office of Tucker Hull have appeared before the Pennsylvania Supreme Court and courts of common pleas in expungement cases. Contact J. Chadwick Schnee, Esq. to learn more at chadwick@tucker-hull-law.com or 717-685-7947.