Mental health win in PA

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Being in PA I find that very interesting, and I like to keep up to date on such developments. You mention "district Kurt," but that is confusing me since district courts are usually federal and in PA there are no State District Courts except for magisterial Courts that handle small claims. We have municipal courts and courts of common pleas with appeals at the superior court level and the big guns of the PA Supreme Court.

If you have more information. About the case please post or a link to it. I am really interested in the matter. Thanks.
 
richardw said:
Being in PA I find that very interesting, and I like to keep up to date on such developments. You mention "district Kurt," but that is confusing me since district courts are usually federal and in PA there are no State District Courts except for magisterial Courts that handle small claims. We have municipal courts and courts of common pleas with appeals at the superior court level and the big guns of the PA Supreme Court.

If you have more information. About the case please post or a link to it. I am really interested in the matter. Thanks.

The OP clearly stated U.S. District Court. With that info a quick search found the following. It does appear there is a follow up but cannot locate a citation for that. All said, it does not seem the matter is settled.
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https://www.gpo.gov/fdsys/pkg/USCOURTS-pawd-3_16-cv-00036/pdf/USCOURTS-pawd-3_16-cv-00036-0.pdf
 
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I wonder what they are going to do about medical pot issue in PA also? The state police issue the licenses for the medical pot, and know who is using. This supposedly puts you on the do not sell to firearms list, as PA uses their own background check system, managed by the state police. You do have to also verify on the 4473 your not a druggie. Will it be criminal if you are a medical user and do not? They had a discussion about this on one of the local Phila radio programs. The final result will be interesting. Maybe another court case.
 
I would speculate that if a person is using Medical Pot in PA the PSP will deny any sale and will have any LTCF revoked and come after the gun(s). It is a legal action waiting to happen.
 
ladder13 wrote:
PA district court finds a 24 hr involuntary emergency treatment does not bar lifetime firearm ownership.
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Actually, not.

First, if you had followed the link in the article you posted, you would have seen that it was the Federal District Court for the Western District of Pennsylvania.

Second, the issue before the court was whether some involuntarily committed on the basis of testimony given ex parte from the plaintiff constituted being "adjudicated" mentally defective or has been committed to a mental institution was prohibited under 18 USC 922(g)(4). Since a state law allowing for an involuntary commitment on the basis of the opinion of a police officer, county official and a doctor does not amount to an "adjudication" of mental fitness, the court determined the plaintiff was not governed by Section 922(b)(4).
 
You guys in PA better pay attention to this ' Guns or Ganja ' thing your state is trying to run on you...:eek:

I think it's a money play as there seems to be no problem with making it a ' Guns or Alcohol ' choice...:confused:

Just the opinion of an outsider...:cool:
 
This is not a PA thing, it's a federal thing. We're going to see something similar in MA, if not worse.

Habitual drug use is a disqualifier for gun or ammunition possession, not ownership, under federal law.

Question 11e on the 4473 asks about habitual use of illegal drugs. Answer "Yes" and the FFL will refuse to process the NICS check. Answer "No" and if you use Marijuana (or have Marijuana card) and that is discovered, you have lied on a form requiring an affirmation under the pains and penalties of perjury.

Considering how anti gun MA is, I will not be surprised to find out that there is a cross check between marijuana users and LTC holders.

The difference between marijuana and alcohol is that alcohol use is legal under both state and federal law.

mg440rt said:
You guys in PA better pay attention to this ' Guns or Ganja ' thing your state is trying to run on you...:eek:

I think it's a money play as there seems to be no problem with making it a ' Guns or Alcohol ' choice...:confused:

Just the opinion of an outsider...:cool:
Click to expand...
 
"The decision to submit Mr. Franklin to a 120-hour involuntary mental health examination was made by a police officer, an unspecified officer in the county administrator's office, and a physician– not a court, board, or commission," said U.S. District Judge Kim R. Gibson in his decision, enjoining the government from using the 2002 involuntary emergency treatment against him.

The key here is that the Federal District Court correctly decided that the opinions of peace officers, county officials, and even physicians (gasp!) are no substitute for a genuine legal decision from a Court on mental fitness. This helps undercut the previous administrations attempts to deprive US Citizens of their 2A rights due to a variety of administrative, non-Court, decisions by life-tenure bureaucrats and "officials".

Speaking as someone that can legally sign an involuntary committal form in my state, I applaud this decision and hope that more such come along.
 
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Just to add another important note.

Again , Speaking as someone that can legally sign an involuntary committal form in my state, it is VERY important to note that involuntary committal forms are done in order to be proactive in protecting someone that is SUSPECTED of being mentally unbalanced or a threat. It means that the people at the hospital have time to evaluate, observe, and draw more informed conclusions to submit to a legitimate legal authority (i.e., a judge) for a final decision. Such temporary involuntary committals should NEVER be used to determine long-term access to ones rights. I believe that is what the judge ruled in this matter and I hope more such rulings are handed down at every level both state and federal.
 
mg440rt said:
You guys in PA better pay attention to this ' Guns or Ganja ' thing your state is trying to run on you...:eek:

I think it's a money play as there seems to be no problem with making it a ' Guns or Alcohol ' choice...:confused:

Just the opinion of an outsider...:cool:
Click to expand...

I have heard reports of that very situation already happening in Californica already. The gubmint already had the engine on and wheels rolling on Jan. 1
 
I realize , now, that by using the word Californica that I may have offended some people who live in that state. That was not my intention. It was only to display disgust at the current disregard for the personal rights given to us by our forefathers in the second amendment and what I see as a God given right of self preservation. I know there are millions of second amendment supporters in the Big C and to you I give a heartfelt apology. For the rest of the farkers out there, my opinion still stands
 
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