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HomeMy WebLinkAboutCP-21-MD-0580-2007 IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DELANOR KUNTZ, JR. : : : CP-21-MD-580-2007 IN RE: APPLICATION TO POSSESS FIREARMS OPINION AND ORDER OF COURT Bayley, J., December 12, 2007:-- November 18, 2004 On , Delanor D. Kuntz, Jr., was involuntarily committed for seventy-two hours to the mental health unit of the York Hospital, for inpatient care and 1 treatment under Section 302 of the Mental Health Procedures Act. The commitment resulted from an incident that occurred that day at his marital residence with his wife, and two of their children. Kuntz was treated and released at the end of seventy-two hours. He moved into his mother’s home in Carlisle where he continues to reside. His wife continues to reside at the marital residence in Newville with two of their children 2 ages 17 and 15. He sees those children on most Sundays. As a result of the incident on November 18, 2004, wife sought a protection from 3 abuse order. A final order was entered for her protection on February 4, 2005. The order excluded Kuntz from the marital residence. Kuntz had rifles and shotguns located in a gun cabinet in the marital residence that are being held by the Cumberland 4 County Sheriff. The protection order expired after eighteen months. Kuntz has sought the return of his firearms. Under 18 Pa.C.S. Section 6105(a)(c)(4), a person who has 1 50 P.S. § 7302. 2 Another child, age 24, with whom Kuntz has little contact, lives on is own. 3 The court refused to enter a protection order for any of the children. CP-21-MD-580-2007 been 4 There were no incidents during the eighteen months that resulted in Kuntz being adjudicated in contempt. -2- CP-21-MD-580-2007 involuntarily committed to a mental institution for inpatient care and treatment under Section 302 of the Mental Health Procedures Act is prohibited from possessing a firearm in this Commonwealth. Kuntz filed an application pursuant to 18 Pa.C.S. Section 6105(f)(1), that provides: Upon application to the court of common pleas under this subsection by an applicant subject to the prohibitions under subsection if the court (c)(4), the court may grant such relief as it deems appropriate determines that the applicant may possess a firearm without risk to the applicant or any other person. (Emphasis added.) December 3, 2007 A hearing was conducted on . Delanor Kuntz, age 46, is a self-employed drywaller. He worked for years in a drywall business operated by his demanding and alcoholic father. His father died in 2004 leaving the business in disarray. Kuntz was under considerable stress when he returned home after work on November 18, 2004. His wife and two of his children were there. An argument ensued with his wife. She testified that he pulled a phone from the wall and put holes in the wall with it; said that he hated her and the children and wanted to kill them; and threatened to kill all of the members of her family. He went toward his office where there was a cabinet where he kept his rifles and shotguns. His son wrestled him to the floor. After he calmed down she and children rushed out of the house but he got ahead of her and pulled some wires that disabled her van. He finally reconnected the wires and she left. A neighbor had called the state police and the children had called members of her family. As she was driving away she met other members of her family driving toward the marital residence. She turned around and they all went to the -3- CP-21-MD-580-2007 marital residence. A state policeman arrived. Kuntz agreed to be taken to the Carlisle Hospital. While there, a Section 302 commitment was obtained and he was taken to 5 the mental health unit in the York Hospital. Kuntz was treated and provided medications while in the York Hospital. After he was released he came under the care of a psychologist and a physician in Carlisle. He saw the psychologist, William Thomas, for ten sessions from December 2004 through April 2005. During that period he was prescribed antidepressant medications by the physician. William Thomas testified that Kuntz was cooperative during the period of time that he treated him. He conducted various tests as well as a clinical evaluation and agreed with the diagnosis at the York Hospital that Kuntz suffered from an adjustment disorder which was situational and stress related. Thomas focused on 6 assisting Kuntz to get through a difficult period when he was not seeing his children. He worked to stabilize him by having him becoming more accepting about his situation, and getting him able to focus on his work again. Thomas never believed that Kuntz was a danger to himself or others. He saw him again this year on October 8 and 15. He conducted tests and another evaluation and is of the opinion that Kuntz has had a favorable adjustment; he has no mental distress; he is not in need of counseling or medication; and is not a risk to hurt himself or others. Kuntz no longer takes any medications for any mental condition. He testified 5 Kuntz testified that he “exploded” during the argument with his wife. He acknowledged being mad, and that he pulled the phone off the wall putting a hole in it. He acknowledged that he said he hated his wife and children but denied threatening to kill them or any members of her family. He was not wrestled to the floor by his son or did he make any effort to get his firearms. He did disable his wife’s van and then he fixed it so she could leave. -4- CP-21-MD-580-2007 that he is doing well in his job and that everything is going well for him now. He acknowledged that he has problems dealing with stress. He testified that he has hunted ever since he was thirteen years old. He has received invitations from some 7 contractors he does business with to hunt. He would like to hunt with them. Carol Kuntz testified to an incident twenty-three years ago when her husband, who had cancer, was going through chemotherapy. She said that he got a gun out of a cabinet and came into the bedroom where she was in bed. He ranted and raved and walked up and down the hallway and around the bed daring her to move. He told her that if she moved he would blow her head off because he had nothing to live for that would keep him from hurting her. Their baby was in another room and he said that he would blow the head of the baby off as well. She stated that the incident lasted for 8 hours but she did not tell anybody because she was “too young and too dumb.” She testified to another incident that occurred approximately ten years ago when he got mad when they were arguing and grabbed her by the throat and proceeded to bang her 6 After April 2005, Kuntz and his children participated in seventeen sessions with a family counselor. 7 His wife testified that he has not hunted for ten to fifteen years. 8 : Kuntz testified about the incident I was -- at that time I had cancer. I was 22 years old. I had cancer. I was in the hospital. I had 26 weeks or so of chemotherapy. I had two or three operations. When I left the hospital, the doctor said there's nothing else that they can do for me. They sent me home to die. When I was home, he said to me -- he said, the only thing we can do is give you more chemo or just let you go. That was pretty bad. I didn't know if I could do 26 more weeks of chemo. One night she was asleep in bed. I went to the gun case. I got a gun. I walked out into the living room. She did not get out of the bed. She laid there. She said -- later on she said she opened her eyes and she seen me going with the gun. Q And what time of the day was this? A That was around midnight. Q And why did you go get the gun at that time? A Because I was contemplating suicide, I really was. Q Okay. And you don't recall making a comment to your wife that if either you or the baby move you'll kill them? A No. Jason at that time was in a separate room. He was in the nursery room. -5- CP-21-MD-580-2007 9 head against a metal door. She testified that she has instituted a divorce action against her 9 Kuntz testified and denied that he banged his wife’s head against a metal door during the incident. -6- CP-21-MD-580-2007 husband to which he has not consented. She is very concerned about her safety if husband’s firearms are returned to him. If Carol Kuntz seeks to complete her divorce action and obtain a financial order and an order of equitable distribution of property, it will undoubtedly be stressful to Kuntz. Notwithstanding, they have been separated for three years; he was released from his Section 302 commitment after seventy-two hours; he followed up with physician prescribed medication and effective psychological treatment; his life has stabilized; his business is doing well; he has a relationship with his two younger children who are still minors and who live with their mother; and his treating psychologist is of the opinion that he is not a risk to himself or any other person. Based on all of the evidence, we find that Kuntz is not a risk to himself or any other person; therefore, his Section 302 commitment should not act as an impediment under 18 Pa.C.S. Section 6105(a)(c)(4) to his possessing firearms. ORDER OF COURT IT IS ORDERED AND NOW, this day of December, 2007, that the Section 302 commitment of Delanor Kuntz, Jr., on November 18, 2004, shall no longer act as an impediment under 18 Pa.C.S. Section 6105(a)(c)(4) to his possessing firearms. By the Court, Edgar B. Bayley, J. -7- CP-21-MD-580-2007 Michael Scherer, Esquire For Petitioner Thomas J. Rozman, Esquire For Pennsylvania State Police Sheriff’s Office :sal -8- IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DELANOR KUNTZ, JR. : : : CP-21-MD-580-2007 IN RE: APPLICATION TO POSSESS FIREARMS ORDER OF COURT IT IS ORDERED AND NOW, this day of December, 2007, that the Section 302 commitment of Delanor Kuntz, Jr., on November 18, 2004, shall no longer act as an impediment under 18 Pa.C.S. Section 6105(a)(c)(4) to his possessing firearms. By the Court, Edgar B. Bayley, J. Michael Scherer, Esquire For Petitioner Thomas J. Rozman, Esquire For Pennsylvania State Police Sheriff’s Office :sal