Firearms Disqualifications Challenges Without Expungement / 'As Applied' Challenges
If you were involuntarily committed for mental health reasons, you are disqualified from possessing a firearm. Pennsylvania law 18 Pa.C.S. §6105 (c)(4) and federal law 18 Pa.C.S. §922 (g)(4) lay this out. Often, people who have been committed involuntarily are unaware that the law prohibits them from owning guns. Sometimes, they don’t know they were treated involuntarily. Other times, the police don’t come into their home and confiscate their guns, so they don’t know they are committing a crime by having the weapons. They then face a decade in prison for something they didn’t know they did wrong, and in the eyes of the law, not knowing the rules is not going to get those charges dismissed.
Despite this disqualification reason, there is hope that you can have your right to purchase firearms returned to you. One way is via an expungement. However, not everyone chooses to go that route. Another method of getting the right to own a gun returned to you is to file an “as applied” challenge, which aims to declare unconstitutional the application of the denial in your specific case. You will need a knowledgeable and experienced Pittsburgh Criminal Defense Attorney to help you with this type of challenge.
To challenge a prior involuntary mental health commitment disqualification requires the services of an attorney, such as Sean Logue and his team. An attorney can file a petition in a state court asking for your rights to be returned to you under Section 6105(f) of the Pennsylvania Uniform Firearms Act. He can also file in federal court as an “as applied” challenge to the Constitutionality of denying people the right to own guns based on his or her mental health.
You may wonder how anyone would know about your prior involuntary commitment. The fact is, when you go to purchase a firearm, you have to fill out two forms: the PA Form SP4-113 and the ATF Form 4473. These forms are run through the Pennsylvania Instant Check System, also referred to as PICS. This is a system that is managed by the Pennsylvania State Police, and is designed to give gun suppliers instant background checks relevant to gun purchases, so they can decide if a person is eligible to buy a firearm. The PICS system is also used to determine if a person is eligible to obtain a concealed carry license.
Mental Health Commitments are only one of the many reasons people can be denied the right to possess a gun. Many individuals denied because of non-violent offenses have challenged the Constitutionality of the laws mentioned above, by forcing the court to look at their cases individually. These “as applied” challenges have been successful.
Logue Law Group will challenge the Constitutionality of gun control laws, at both the state and federal level, that deny clients convicted of non-violent offenses and mental health commitments of their 2nd Amendment right to bear arms. If you are not able to purchase a firearm because of a previous involuntary mental health commitment, Sean Logue and his team of attorneys can help you get back your right to do so.
If you are not able to buy a gun or obtain a concealed carry license, Logue Law Group can help you restore your rights. Call now.
If you have had your right to possess a firearm revoked due to a prior mental health commitment or other non-violent offense you need a Pittsburgh criminal defense attorney with experience in and knowledge about firearms law, PICS challenges, and “as applied” challenges to help you. Sean Logue and his Criminal Defense team have defended many potential gun owners who have been disqualified from possessing a firearm due to a prior mental health commitment or other non-violent offense. Logue Law Group serves Pittsburgh, PA, West Virginia, and Ohio. Call today for a consultation: 1-844-PITT-DUI or (412) 389-0805. Or, you may contact us online.