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Proposed Pennsylvania Bill Creates Means For Relief For Prohibited Persons

Discussion in 'Legal' started by dc dalton, Jun 28, 2013.

  1. dc dalton

    dc dalton Well-Known Member

    Proposed Pennsylvania Bill Changes Means For Relief For Prohibited Persons

    PA bill SB102, with 12 sponsors at this time lays out a method for 'Any person subject to the prohibitions under subsection ©(4), or who is prohibited from possessing firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating to unlawful acts) as a result of actions taken under the laws of this Commonwealth.' to petition the court to have their status changed.


    ETA: After looking at this bill closely we have found on the surface it appears to clarify the procedure BUT what it really does is make the process more difficult.
    Last edited: Jun 30, 2013
  2. lateapex31

    lateapex31 Member

    Intersting, I'd be curious to see the outcome. Here in MA they will offer relief but the BATFE does not recognize that relief (can get a MA LTC but still a federally prohibited person).
  3. brickeyee

    brickeyee Well-Known Member

    State courts cannot order federal entities to do all that much.
  4. DMF

    DMF Well-Known Member

  5. Frank Ettin

    Frank Ettin Moderator

    It's not a matter of a State court ordering a federal entity. It's a matter of a State properly and appropriately defining with respect to a state crime the applicable conditions for one class of federal prohibition of possession of a firearm. That is, under federal law, within the province of a State.

    Under 18 USC 922(g)(1), a person is prohibited from possessing a gun if he:

    And applicable federal regulations define such conviction as follows (27 CFR 478.11, emphasis added):

    The real question is whether the order described in this proposed Pennsylvania legislation will be considered a restoration of civil rights with respect to the original Pennsylvania conviction.
  6. brickeyee

    brickeyee Well-Known Member

    Except Congress zeroes out the federal money to restore rights at the federal level (and you need that to pass NICS) every year.
  7. Frank Ettin

    Frank Ettin Moderator

    That would have no effect on this. That only affects the federal program for removing a firearms disability arising from a violation of federal law.

    Removal of state law disabilities by States will be reported to NICS by the States.
  8. General Geoff

    General Geoff Well-Known Member

    It should also be pointed out that in Pennsylvania, you do not have to pass a NICS check at an FFL to purchase a gun, you have to pass a PICS check (Pennsylvania's own version of NICS). So ostensibly, PICS would have record of any sort of state expungement that this bill would provide.
  9. Frank Ettin

    Frank Ettin Moderator

    That's fine if the guy is still a Pennsylvania resident. But people move.

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