Case details may be sealed
PITTSBURGH — The public might be barred from knowing further details in a Butler man’s lawsuit alleging the Pennsylvania State Police erred in blocking him from a gun purchase.
Jeffrey L. Burtner claims he wasn’t allowed to buy a hunting rifle after he was erroneously identified as having been committed for mental health treatment.
He’s asking the United States District Court to force the state police to issue a declaration stating that he never was involuntarily committed, and he is legally clear to buy a weapon.
Burtner’s attorney Joshua Prince and Deputy Attorney General Sandra Kozlowski, representing the state police, jointly asked federal Magistrate Judge Maureen P. Kelly to seal all the details of case.
The judge and two attorneys are scheduled to have a conference on Friday.
According to the request filed late last week, the case should be private because it could involve information about Burtner’s mental health records and treatment as well as his marriage and personal affairs.
“Failure to keep this confidential information sealed would also discourage future petitioners from exercising their rights to challenge erroneous denials,” the request says.
According to the lawsuit, the issue came about when Burtner tried to buy a hunting rifle at Sportsman’s Supply in Butler on May 24, 2012.
The store did the required background check on Burtner, and it came back with a denial.
On later challenge and inquiry, Burtner — who has previously bought weapons without issue — learned that he was denied because the Pennsylvania Instant Check System had deemed him “as a mental defective.” The system wrongly indicated Burtner was committed to Butler Memorial Hospital on June 28, 1992.
People who have been involuntarily committed to a mental institution are prohibited from buying, owning or possessing firearms.
But Burtner, according to the lawsuit, had never been committed to a mental health institution.
Kozlowski declined to comment, and Prince could not be reached.
