Man Finally Wins Court Case To Get Gun License After 4 Years

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How many hoops did you have to jump through to get your license to carry your weapon? Chances are that you had to go through a little bit of hassle (though, obviously, some states and areas are easier to work with than others), but it’s unlikely that you had to go through the same aggravation that Richard Brandon of Pennsylvania did. He had to wade through a four year court case to be able to legally carry there.

Brandon applied in 2013 for a carry permit, and the Butler County Sheriff’s Office denied his license because the Pennsylvania Instant Check System showed that Brandon had twice been involuntarily committed to psychiatric facilities. Here’s where the story gets frustrating for law-abiding citizens of Pennsylvania: even though Brandon was denied his carry license, the Pennsylvania State Police could not produce any records documenting that Brandon had been committed.

In other words, he was denied his right to carry based on hearsay. Chris Eger writes,

State Police did not have copies of the original notices from mental health authorities in their records and Butler County’s mental health department did not have any Section 302 petitions for Brandon in their files. Hospital records for the visits were no longer available and state law requires that medical records only be preserved for seven years.

Brandon’s attorney, Joshua Prince, could point out inconsistencies in even the limited records the state presented, noting that one form showed him admitted to a different hospital. He further pointed out that the FBI, as far back as 2001, had chastised PSP [Pennsylvania State Police] for denying licenses to individuals in cases where they did not have sufficient information to decide.

Fortunately, the judge followed the law and ruled in Brandon’s favor, but it’s utterly ridiculous that he had to go through this situation and wait four years to exercise his Constitutional rights.

11 COMMENTS

  1. Permit. Permission. Privilege. Just like the automobile. No thanks. I’m taking my natural rights back. Amazes me how many so called second amendment supporters stick their arms out to be shackled. Wake the flip up before your nightmare becomes reality.

  2. Any time you have to deal with ANY government agency it takes forever to get
    your due diligent s then they screw it up and you get denied..I know, the FBI denied
    me saying I had a domestic on my record then in the report they high lighted a harassment
    charge that was not domestic either(stupid neighbor shit i got drug into)..they said I could
    appeal but since my state does their own background checks it didn’t matter because by the
    time the feds replied(it took 8 months) I already had my guns..I should have appealed it
    but I was sick of all the time I wasted dealing with these incompetent assholes.

  3. Not everyone should have a gun if they have mental issues. But we are not to the point yet in understanding the human brain to decisively determine whether someone is or is not capable of owning a weapon. They do not have to be openly dangerous at all. But we have no real system for helping those who are mentally challenged to determine who is safe and who is not. I know this person had a difficult time getting a gun permit and that is likely going to happen more often down the road. But we are yet to be sure on a person;s mental status whether they are competent or not. As such, I do not fault the state of Pennsylvania for taking as many precautions as the did. Yes, this is frustrating to the person seeking a permit. But I am not convinced yet that anyone can make such a determination.

  4. Bureaucratic stupidity and culpability operates in PA. too, though common sense and might I note The Rule of Law combined with the requirement for Proper Proceedure sometimes come into play. THe fact that this stupidity carried on for 4 years is however beyond the pale, way beyond the pale.

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