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Butler man, police settle gun ban case

He claimed police error stopped sale

PITTSBURGH — The Butler Eagle has requested a copy of a reported settlement between the state police and a Butler man who alleged he was erroneously banned from purchasing a gun.

The plaintiff, Jeffrey L. Burtner, claimed he wasn’t allowed to buy a hunting rifle after he was erroneously identified as having been committed for mental health treatment.

He asked U.S. 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.

Although no settlement appears in the court records, a ruling Tuesday by U.S. Magistrate Judge Maureen Kelly states that the parties entered a settlement agreement Oct. 9.

In a related matter, the judge also ruled that parts of Burtner’s case — specifically any medical and mental health records — may be sealed from public viewing. The judge’s six-page order says the settlement, “will not be sealed except to the extent that it contains information relative to ... medical or mental records, treatments or procedures.”

The Eagle on Wednesday filed a Right to Know request with the state police seeking a copy of the settlement.

Burtner’s attorney, Joshua Prince, could not be reached for comment. And a state police spokesman in Harrisburg said officials there will not comment on the case.

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