Q I was at a dollar store and another guy was very belligerent and racist and got into my face. I ended up walking away after a small argument. I have a broken wrist and have a titanium plate in my head and have seizures. I was at my car putting groceries in with one hand he came out of the store and was more belligerent and continued to be belligerent. He walked up to my car as close as 5 feet. I put my firearm at my side and he still did not see it. I just put one hand out and told him to go ahead and go about his business. Once he seen my other arm stop moving he kind of looked down and I had it at my side just for my protection because he was at my car and he was a little irate a little out of his mind. He run away. Everything was on camera he chased my car I pulled over at another store and ask them to call the police which they told me I need a manager first. My PTSD was kicking in if I like fight or flight so I back my car back up to the store while I knew a manager and I called the police myself but when the police came they were more focused on me. They took my firearm and gave me no paperwork. (Shenandoah, PA)
A: The police may be assessing the entire situation to determine if you should be charged or looking into your background. Based on what you describe, you were defending yourself and the other guy was clearly the aggressor. However, you have no idea what the other person told the police. You stated that you suffer from seizures and have PTSD. If you have ever been adjudicated as an incompetent or have been involuntarily committed to a mental institution under the PA Mental Health Procedures Act, you may be prohibited from possessing a firearm in PA. I would wait a week or so then call the police and ask if they intend on charging you. If they are not going to file charges, ask for return of your firearm. If they will not do it, hire a lawyer to file a motion to return property with the Criminal Court Motions Judge in your county.