FPC Announces Another Gun Rights Victory in Federal Court

Adam Kraut
Adam Kraut

U.S.A.-(Ammoland.com)- Firearms Policy Coalition (FPC) announced today an important victory in the federal Second Amendment lawsuit Wilborn v. Attorney General William Barr, et al. The Court’s order granting summary judgment to Mr. Wilborn can be downloaded at https://www.firearmspolicy.org/legal.

The case, which challenged a ban on gun possession that the federal government was imposing against the plaintiff and other individuals under 18 U.S.C. § 922(g)(4), was brought by attorneys Joshua Prince and Adam Kraut, FPC’s Director of Legal Strategy.

“Section 302 of [Pennsylvania’s Mental Health Procedures Act, or “MHPA”] does not meet 18 U.S.C. § 922(g)(4)’s permanent restriction on an individual’s ability to acquire, possess, or use a firearm,” the Court held. “While Section 302 . . . may be enough to justify an involuntary examination and treatment, the nature of [] its non-adversarial ex parte procedure without notice, or opportunity to present evidence, does not constitute an ‘adjudication’ under Section 922(g)(4); nor does Section 302’s 120-hour maximum ‘involuntary emergency examination and treatment’ constitute a ‘commitment to a mental institution’ under Section 922(g)(4).”

Ex parte proceedings, where usually only one side is present or heard by a court, are a major issue in the current nationwide debate over so-called “red flag” laws.

The court ruling continued, “Mr. Wilborn’s brief involuntary emergency examination and treatment under Section 302 of the MHPA does not trigger [18 U.S.C.] Section 922(g)(4) because Mr. Wilborn was never ‘adjudicated as a mental defective’ or ‘committed to a mental institution.’” Thus, it says, the Court finds “that the ex parte decision by a single physician following a Section 302 examination is insufficient to meet the requirements to permanently prohibit Mr. Wilborn from legally acquiring, possessing, or using a firearm under 18 U.S.C. § 922(g)(4).”

“This important Court ruling reverses the federal government’s infringement on the rights of potentially hundreds of thousands of individuals in Pennsylvania as a result of a mental health evaluation that did not provide due process,” said Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C. “We are thankful for this ruling that vindicates our client’s rights and remedies this serious constitutional violation. I hope that this ruling will cause governments at all levels to reassess their laws and proposal to ensure that all people are provided with real due process of law.”

“We are delighted that the Court reached this common-sense decision to protect the fundamental human rights of Pennsylvania gun owners and future gun owners,” said Kraut. “This ruling underscores that due process has been and remains a cornerstone of our Republic.”

“We are thrilled with yet another victory for human rights and individual liberty,” said FPC President Brandon Combs. “We look forward to continuing our work of supporting challenges to government infringements, participating in litigation, and providing briefing for important cases throughout the country.”


About Firearms Policy CoalitionFirearms Policy Coalition

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, advance individual liberty, and restore freedom. Gun owners and Second Amendment supporters can join the FPC Grassroots Army at JoinFPC.org.

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tomcat
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tomcat

Any win is a good win. There is a judge in Pa. that actually rules according to the law rather than try to make his own laws. This is great and a real big feather in Adam Kraut’s hat Like was asked before, where was the NRA? Oh I forgot, they are too busy fighting within themselves and their suppliers.
To all democrats and RINOs take notice; you might want to bone up on what the second Amendment actually says.

Alan1018
Member
Alan1018

I 302d plenty of people (some multiple times) in over 20 years on the job and I would not want any of them to ever go near a gun.

Will Flatt
Member

It’s good to get some good news at this point in time, considering the raging dumpster fire at NRA HQ.

THIS IS WHAT THE NRA SHOULD HAVE BEEN DOING ALL ALONG.

Bill
Member
Bill

E. Dist. Pennsylvania Federal District Court- this is the trial ct level. It’s super, but expect an appeal.

Wild Bill
Member
Wild Bill

@Bill, Yes, and I find that appeal would be strange from a supposedly pro gun administration. But hey, way to go Adam Kraut. Just in time to get the attention of the rinos writing a national and unconstitutional red flag law.

ahhiyawa
Member
ahhiyawa

Pro gun administration?

That has proven to be a GREAT LIE!

The reform movement must beat the legal authorities to the punch by seizing the NRA, clean it up by new director elections, by-law changes and booting Lapierre and fellow miscreants out, stripping them of their ill gotten pensions, denying them liability and delivering them into the maws of their enemies.

Than and only than can the NRA become a partner with other national & state pro gun associations in defense of the 2A-RTKBA, and begin effectively combating this gun grabbing, liberty killing President.

Dave C
Member
Dave C

It is still pro-gun compared to Hillary, or what’s coming down the pike on the Dem side…..

Rattlerjake
Member
Rattlerjake

Trump isn’t anti-gun or anti-second amendment. Trumps biggest shortfall is that he isn’t a gun guy and has to rely on the “advisors” he is surrounded by. The federal ban on bump stocks happened because the NRA sold us out! Maybe we should find a way to get Adam Kraut as Trump’s 2nd amendment advisor, and prevent the NRA from having anything to say!

Wild Bill
Member
Wild Bill

@Rattler, Yep, Trump is just ignorant, that’s all. He studied real-estate development. Just like we study ballistic coefficient, and sectional density. It is up to us to learn him up and give him hell.

DaveW
Member
DaveW

Behind the scenes, Trump has been replacing liberal federal judges. Work is also being done to split the 9th Circuit’s area of responsibility. That is a big plus for us. The more Constitutionalist leaning judges, the more freedom and rights will be upheld. We need at least one more SCOTUS appointment. So, will RBG retire or die? If she can not stay awake at public appearances, she should retire and go sit in the setting sun in her rocker.

Wild Bill
Member
Wild Bill

@ahh, I wrote, “… a supposedly pro gun administration.”

TheRevelator
Member
TheRevelator

@Wild Bill

And the case being discussed had nothing to do with the NRA in the first place. Gotta get the plug in somewhere I guess.