Federal Judge Rules That Pennsylvania Law On Involuntary Mental Health Evaluation Insufficient To Bar Gun Ownership

On December 21, 2017, a federal judge ruled that under Pennsylvania law, a person admitted for an involuntary psychiatric evaluation is still legally able under federal law to purchase and own firearms. The judge ruled that involuntary admission to short-term psychiatric evaluation under Section 302 of the Pennsylvania Mental Health and Procedures Act (MHPA) is not the same as being adjudicated mentally incompetent, and as a result is insufficient to trigger a federal firearms and ammunition disability. The federal government has 60 days from the date of the decision to decide whether to appeal.

The ruling was in Franklin . . .