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Several years ago,my wife,now ex-wife,had me committed against…

Several years ago,my wife,now ex-wife,had...
Several years ago,my wife,now ex-wife,had me committed against my will and had my guns confiscated. I got my guns back but I'm told I cannot buy anymore guns or get my liscence to carry a weapon. If I'm allowed to own and possess a firearm,why can't I buy one? That's the first question.Second question,is it possible to get the 302 expunged from my record?
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Answered in 2 minutes by:
6/28/2010
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
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Hello there:

1. how long were you committed?

2. who told you that you cannot get a license or carry a weapon any longer?

3. what is the extent of your criminal record?
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Customer reply replied 8 years ago
I was there for 72 hours

The application for a license to carry states that if a person has a 302 he/she cannot get a license to carry.Also a Sgt. at the sherriff's dept. told me I do not have the right to purchse,even though my rights to own and possess have been returned.

I have no criminal record whatsoever.
Ok, I am getting the full picture. Let me refer this one over to one of our Pennsylvania attorneys. Thanks for your patience.
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Customer reply replied 8 years ago
ok,thank you
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Good evening/morning.

The previous Expert asked me to take over, as I am licensed in Pennsylvania and am more familiar with local laws.

First of all, what county are you located in, as certain counties have different rules about the 302 expungement?
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Customer reply replied 8 years ago
I'm in York county. I would also like to add,the marriage was already on the rocks,and she used this method to get me out of the house so she sould continue to go out with other men.She also had a PFA against me,however,I never laid a hand on her.
That's the bigger problem then. The PFA, by itself, prohibits a party from possessing a firearm in Pennsylvania. You will have to expunge the 302 AND also get her to drop the PFA if you wish to carry again. PA law is clear on taking away permit rights for "domestic violence" offenses, such as a PFA.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/28/2010 at 5:51 AM EST
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Customer reply replied 8 years ago
Sorry,you misunderstand. All that was dropped about 3 years ago.So there is not currently a PFA against me. The judge returned all my weapons and my right to possess and own my firearms. I'm concerned about purchasing more firearms. And getting my licence to carry again.
Oh, I see. I did misunderstand, thank you for the clarification.

That does make a difference.

First of all, you WILL need an attorney for this--there has to be a court hearing which you will not be able to do on your own.

Be aware that a 302 goes through the county Mental Health/Mental Retardation Administration Office as it is up to them to forward the documents to the PSP Firearm Unit.

The attorney that you find has to file a petition in court to overturn the prohibition. Part of that petition will involve a psychological evaluation (the expert will cost at least $300-$600), and the PSP Firearm Unit will send you to one of their in-house specialists. If you want to be sure, go to a third party or your own expert and get an additional "all clear" evaluation as you then have more cause to be reinstated.

Then, prepare for the hearing. You will be asked to go to court and the judge will be after you. He may try to get you to lose your temper and your cool as a means of finding out the "real" you and hereby denying you your rights. Keep cool, polite, and non confrontational.

The attorney fee will probably be around $1,500 at the least. To find an attorney, browse the listings at www.avvo.com and www.martindale.com.

Good luck!

Edited by Dimitry Alexander Kaplun on 6/28/2010 at 6:03 AM EST
Dimitry K., Esq.
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Customer reply replied 8 years ago
Ok,let's see here. I already had a psych eval done and I got my records from the hospital from my little vacation there. I needed all that to get my firearms back. Thank you for your assisstance.
Great! So you are most of the way there. Just get the attorney to make the motion for you, and you are set. Good luck to you!
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Customer reply replied 8 years ago
Thank you very much.
You are most welcome, and I truly wish you the best!
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