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DOE I v. GOVERNOR OF PENNSYLVANIA

No. 19-1927.

977 F.3d 270 (2020)

John DOE I; John Doe II, Appellants v. GOVERNOR OF PENNSYLVANIA; Attorney General Pennsylvania; Commissioner Pennsylvania State Police; Pennsylvania State Police.

United States Court of Appeals, Third Circuit.

Opinion filed: October 14, 2020.

Attorney(s) appearing for the Case

James W. Porter, III (ARGUED) Bradley Arant Boult Cummings 1819 Fifth Avenue North One Federal Place Birmingham, AL 35203 Marc A. Nadone   James P. Sweeney   Tara S. Woodward Bradley Arant Boult Cummings 1615 L Street, N.W. Suite 1350 Washington, DC 20036 Counsel for Appellants.

Claudia M. Tesoro (ARGUED) Office of Attorney General of Pennsylvania 1600 Arch Street Suite 300 Philadelphia, PA 19103 Counsel for Appellees.

Adam J. Kraut   Joshua Prince , Prince Law Offices 646 Lenape Road Bechtelsville, PA 19505 Counsel for Amicus Appellants Allegheny County Sportsmens League; Firearms Owners Against Crime; Gun Owners Foundation; Second Amendment Organization.

Peter A. Patterson   David H. Tompson Cooper & Kirk 1523 New Hampshire Avenue, N.W. Washington, DC 20036 Counsel for Amicus Appellant Pennsylvania Federation of Sportsmen and Conservationists.

Before: RESTREPO, ROTH and FISHER, Circuit Judges.

OPINION

John Doe I and John Doe II were evaluated on an emergency basis pursuant to Pennsylvania Mental Health Procedures Act (MHPA) Section 302 and were found in need of inpatient treatment. Section 6105(c)(4) of the Pennsylvania Uniform Firearms Act (PUFA) prohibits "[any] person who has been ... committed to a mental...

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