In re E.H., 052820 PASUP, 2419 EDA 2019

Docket Nº:2419 EDA 2019
Opinion Judge:STABILE, J.
Party Name:IN RE: E.H. APPEAL OF: E.H.
Judge Panel:BEFORE: STABILE, J., KING, J., and STEVENS, P.J.E.
Case Date:May 28, 2020
Court:Superior Court of Pennsylvania

2020 PA Super 126



No. 2419 EDA 2019

Superior Court of Pennsylvania

May 28, 2020

Appeal from the Order Entered July 18, 2019 In the Court of Common Pleas of Montgomery County Civil Division at No: 2019-01453




Appellant, E.H., appeals from an order denying his petition for restoration of firearm rights pursuant to 18 Pa.C.S.A. § 6105(f)(1). We affirm.

On January 24, 2019, Appellant filed a petition to restore his firearm rights. On July 8, 2019, the trial court held an evidentiary hearing concerning Appellant's petition. The court summarized the relevant evidence as follows: [Appellant], a twenty-four year old man, testified . . . that he was currently unemployed and living with his parents. On July 24, 2016, he was taken to a hospital "because they deemed [he] was a threat." After the initial evaluation, he was released and then taken to Montgomery County Emergency Services, after his father filed a petition for involuntary commitment "due to an incident at home." [Appellant] had made a threat to take his own life using a gun, or to have the police hurt him with their firearms. At that time, he had recently purchased two handguns. [Appellant] testified that he has a "panic disorder" for which he takes medication and performs "coping mechanisms." This disorder leads to him having "panic attacks."

[Appellant] stayed at Montgomery County Emergency Services until July 28, 2016, where he received treatment, medication and counseling. He was diagnosed with an "adjustment disorder." Following his release, [Appellant] underwent out-patient counseling once a week for four months. He then saw a psychiatrist every other week for six months, and at the same time met with a counselor. He continued to receive mental health treatment for three years. Throughout this time, he was prescribed medication for his panic disorder. In August of 2017, he stopped taking this medication because he did not like the way it made him feel, and he also stopped going to counseling at that time. [Appellant]'s family doctor prescribed another drug, amitriptyline (an anti-depressant) to help him sleep.

[Appellant]'s attorney referred [Appellant] to Dr. Dattilio, whom he saw twice in 2018. Dr. Dattilio told [Appellant] to stop taking illegal drugs, and he testified that he complied with this advice in October of 2018. [Appellant] testified that he continued to have panic attacks up to "a few months" before the hearing. He takes no medication to prevent these attacks...

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