Restoring Firearms Rights
One of the most common ways to lose one’s right to possess firearms is through an involuntary mental health commitment. The Mental Health Procedures Act (MHPA) and the Pennsylvania Uniform Firearms Act (UFA) provide potential remedies, depending on the circumstances. A disqualified person can file a petition to expunge the commitment; however, such a petition must be filed within six years after the date of the commitment. A judge of the appropriate court of common pleas would review the facts surrounding the commitment and render a decision based on the sufficiency of the evidence to support the commitment.
Concerning commitments older than six years, the UFA provides that the court of common pleas may grant such relief as it deems appropriate if the court determines that the applicant may possess a firearm without risk to himself or herself or any other person. Granting such relief is within the discretion of the judge.
Attorneys at Scaringi Law have experience in both these procedures. The ability to protect oneself and one’s family is of ever greater importance. If you’ve lost your firearms rights because of an involuntary mental health commitment, contact our office for a free initial consultation.