Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

J.C.B v. Pennsylvania State Police

January 6, 2012

J.C.B.,
APPELLANT
v.
PENNSYLVANIA STATE POLICE, APPELLEE



Appeal from the Order entered January 11, 2011, in the Court of Common Pleas of Washington County, Criminal Division, at No. 2010-2677.

The opinion of the court was delivered by: Allen, J

J-A34018-11

BEFORE: MUSMANNO, ALLEN, and MUNDY, JJ.

OPINION BY ALLEN, J.:

In this case, J.C.B. ("Appellant") was denied a permit to purchase a hunting rifle by the Pennsylvania State Police, based on a mental health record indicating a prior involuntary commitment. On appeal, Appellant challenges the order denying the expungement of his mental health record and the reinstatement of his firearm rights, and presents a constitutional challenge to 18 Pa.C.S.A. § 6105(c)(4) of the Pennsylvania Uniform Firearms Act. Finding no trial court error of law, we affirm.

The trial court recounted the pertinent facts of this case as follows:

The above-referenced case came before the Court on a Petition to restore firearm rights pursuant to 18 Pa.C.S. § 6105(f)(1) and to expunge mental health record of the petitioner, [J.C.B.], pursuant to 18 Pa.C.S. § 6111.1(g)(2).

In April of 2007, [Appellant] went to Sewickley Valley Hospital emergency room for pain he was experiencing in his foot. [Appellant] told the emergency room nurse that he had tried to commit suicide the night before and that he was depressed. [Appellant] was involuntarily committed based on the petition of said nurse and pursuant to 50 P.S. § 7302. The nurse's petition stated, "[Appellant] is very depressed and last p.m. put a gun to his head and pulled the trigger but no bullet came out. He presents today at the [E.R.] very depressed." [Appellant] was then seen by the attending physician whose emergency department report mirrors the report of the nurse and adds, "[Appellant] has expressed suicidal thoughts and wishes to me, especially holding a gun to his head and pulling the trigger."

The physician also stated [Appellant] had stopped taking his Lexapro. From his examination, the physician found [Appellant] to be "severely mentally disabled and in need of treatment," as the statute requires. 50 P.S. § 7301. The discharge diagnosis was major-depression-moderate-recurrent, alcohol abuse and prior history of opiate abuse in partial remission. [Appellant] denies putting a gun to his head and pulling the trigger.

At the hearing, [Appellant] had a board certified psychiatrist testify that [Appellant] did not present a risk to himself or others as is required by 18 Pa.C.S. § 6105(f)(1).

However, the doctor made this statement without the knowledge of [Appellant's] involuntary commitment as stated above and without seeing any of the medical records from the involuntary commitment. The doctor stated at the hearing that knowledge of said event would increase [Appellant's] potential risk of harm to himself. Trial Court Opinion, 9/24/10, at 1-2.

On appeal, Appellant raises the following issues for our review:

I. Did the lower court properly interpret the Firearm

Prohibition Statute, 18 Pa.C.S.A. § 6105(c)(4), when it found the physician's certification required to invoke a firearm prohibition was executed by an emergency room doctor conducting the initial exam under § 7302(b) of the Mental Health Procedures Act and not by the examining psychiatrist?

II. If the lower court properly interpreted 18 Pa.C.S.A. ยง 6105(c)(4), does it violate constitutional rights to procedural due process, substantive due process, right to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.