Restoration of Firearms Rights in Pennsylvania

 

There are many reasons that an individual may have lost their firearms rights. The restoration of these rights is a confusing and costly process which involves a hearing where testimony, evidence and reasons for and against the restoration are heard. Ultimately, a court must restore your firearms rights both for State and Federal possession. This can be done pursuant to 18 Pa.C.S. Section 6105 relating to disabilities, 18 Pa.C.S. Section 6105.1 relating to restoration from conviction, expungement of a violation of the criminal code, expungement of a Section 302 involuntary commitment or obtaining a pardon from the Pennsylvania Board of Pardons.

 

How will I know if I need my rights restored?

 

Unfortunately, most citizens who are ineligible to purchase firearms do not find out until they attempt to purchase a firearm and are denied. Other instances where citizens find out is when they attempt to get a concealed carry permit or license to carry firearms and are denied. Once denied, it is a crime to attempt to purchase, obtain or possess a firearm. If you are denied appeal immediately to find out why you have been denied.

 

Am I eligible for restoration?

 

It depends. There are a variety of factors which determine who is eligible for restoration of firearms rights and a formal process by which to proceed to the court to petition for the restoration of those rights. As each individual circumstance, lifestyle and facts are unique, there is no easy answer.

 

How much will this cost?

 

It depends. After review of your individual circumstances, I am better able to approximate the costs that will be incurred. There are non-attorney fees which are often involved including forensic psychiatrists, police reports, criminal records checks, in addition to the attorney's fees which are incurred on a rolling basis. All clients should be aware that this is not an undertaking that is quick or simple.

 

Is this a Governors Pardon?

 

No. Seeking a Governor's pardon should be the last attempt to restore your firearms rights after all other avenues have been explored and attempted. Seeking a pardon is a separate matter.

 

What information should I have when I contact you?

 

At a minimum, I will need to know why you need your firearms rights restored. This includes:

 

  1. Were you convicted of a crime or involuntarily or voluntarily committed? 

  2. Are you or have you ever been subject to a protection from abuse (PFA) order? 

  3. When did the event occur which has caused you to be restricted from firearms ownership? 

  4. Did this appear on a PICS check at a gun store? 

  5. Were you notified by a sheriff? 

  6. Is there a court order restricting your rights? 

  7. Do you know the statute and number you were convicted of? 

  8. Do you have the paperwork from your event? 

  9. How long has it been since you were involved with law enforcement for any reason?

  10. Do you have any convictions for DUI or similar offenses?


Additionally, I will need to know the following:

 

  1. Are you working?

  2. How long have you been employed?

  3. Are you currently or have you ever served in the military? 

  4. Have you ever been fired?

  5. Are you currently married?

  6. Do you have any children?

  7. Are you well regarded in the community?

  8. Do you have character witnesses to attest to your good character?

  9. Are you involved in community projects, churches, activities?

  10. Any current or past positions showing community involvement?

  11. Where do you live?

  12. How long have you lived there?

  13. Your driving record for the past 10 years?



This is not an exhaustive list and as each history is different, each case is also different. There will be questions and factors not listed which may need to be addressed to determine if you are eligible for restoration of your firearms rights. If I am considering whether to take your case, a more exhaustive questionnaire will be sent to you to fill out confidentially.  

 

When you are ready, please call my office at (412) 249-9180.

 

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Benjamin Scott Johns, Attorney at Law

Lynch Law Group, LLC
375 Southpointe Boulevard, Suite 100
Canonsburg, PA 15317

Phone:          (724) 776-8000
Email:            bjohns@lynchlaw-group.com

LEGAL DISCLAIMERer

This website contains only general information and should not be used in lieu of legal advice from an attorney. It does not and cannot create an attorney-client relationship, please use the forms located on the website or call, mail or email my office to set up a consultation. No relationship, express or implied, exists until there is a written contract or documents prepared on your behalf. 

The information on this website is the property of Attorney Benjamin Scott Johns. Further, the PAGunLawyer name, symbol, and all related advertising are a registered trademark of Benjamin Scott Johns.