Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
First off to get the PICS check performed you have to sign off on the 4473, which if you're correct with thinking you were 302ed, you've already committed the crime by lying on the form. It made no difference that you ultimately chose not to purchase the firearm.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
There seems to be some confusion and/or misunderstanding regarding section 302 of the Mental Health Procedures Act. Section 302 actually provides for 2 distinct things that are relevant to this discussion. It allows a person to be seized and subjected to an involuntary mental health evaluation if certain conditions are met, and it allows for involuntary treatment if the evaluation results in a finding that the person is severely mentally disabled and in need of immediate treatment.
Being taken for an involuntary evaluation under section 302 does not result in a person becoming prohibited from possessing firearms if they are not found to be severely mentally disabled and in need of immediate treatment or if they are able to voluntarily commit themselves instead of being involuntarily committed. Being subjected to involuntary treatment after a finding of disability/need for treatment does result in a prohibition.
On PAFOA, we generally use being "302'd" as shorthand for being involuntarily committed, but a non PAFOAer who is arrested in their home or grabbed off the street and drug off to the nearest mental hospital for an involuntary chat with a mental health professional may well use the same term to describe their experience, even if it did not result in an involuntary commitment and the accompanying prohibition on possessing firearms.
If one takes georgey215's first post at face value, it does seem consistent with being taken in for an evaluation but not being involuntarily committed:
Quote:
Originally Posted by
georgey215
Hello all,
I would like to purchase a firearm, but before I do I want to make sure I'm not breaking the law. I was 302'd several years ago. I ended up getting an evaluation and released and deemed a non-threat. Not too long later I voluntarily put myself in a psychiatric hospital for 5 days and again was released as a non-threat. I went attempted to purchase a firearm and they did a background check. Said I passed with flying colors, but then I changed my mind and didn't purchase the firearm, just to be safe. So am I breaking the law if I do purchase one? Thanks in advance.
That said, I agree that he should obtain his records from the facility or facilities where he was treated and consult an attorney who is familiar with firearms laws.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
O man, I went to get my medical records. I was infact 302d, but doctor had my 302 discharged. HAHA so am i good then? All hospital visits were voluntary, 302 was discharged. Or am i prematurely happy right now.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
georgey215
O man, I went to get my medical records. I was infact 302d, but doctor had my 302 discharged. HAHA so am i good then? All hospital visits were voluntary, 302 was discharged. Or am i prematurely happy right now.
Now that you have your records, you need to consult a lawyer that specializes in this area of gun law.
That is the only way you will have a 100% reliable answer to your question.
Your freedom and peace of mind are worth the legal consultation fee.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
Hodgie
My personal opinion is threads like this should be answered with best answer of seek professional legal advise then locked.
If the OP is being honest then good for him for getting themselves better, and to stay further out of legal issues should take the time and expense to see a lawyer.
If the OP were being dishonest and let's be real here we know for a fact that there are plenty of baiters out there that want to use forums like this as some kind of "proof" on how the average gun owner is murderous hoping that just one member who has the F the government and the laws attitude they are looking for responds with some crazy shit, or looking to hear about all the "evil loop holes" out there they think exist in their warped minds to use as political fodder especially right now while dealing with mental health issues and firearms in the news.
Has anyone done or said anything of the sort you elude to in your post?
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
georgey215
O man, I went to get my medical records. I was infact 302d, but doctor had my 302 discharged. HAHA so am i good then? All hospital visits were voluntary, 302 was discharged. Or am i prematurely happy right now.
You have been told - repeatedly, and by respected members of this forum - to obtain all of your relevant paperwork and consult an attorney who specializes in firearm law.
Continuing to ask for our opinions - or worse, potentially acting on one poorly worded and cherry-picked response - wastes our time and puts your freedoms and our reputations at risk.
The bolded part above does not suggest that you are treating this conversation with the appropriate gravity.
Either tell us what your lawyer said, or ask for recommendations to find one. Otherwise, please stop.
Out.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Yes, I contacted a law office. They said they will have someone contact me in 2 days.
Its understandable when you hear firearms and mental disorder in same sentence it can be disconcerting. But you know what, I took medication for depression prescribed by a doctor. And guess what the medication caused me to have ton of bad symptoms. Then after those symptoms they slap me with a more serious diagnosis. That medication is known to do that. The medical system failed me. I told my current psychiatrist that the medication caused all those symptoms and I never in my life displayed them before until i took that drug. He said it can't be proven. This all happened 4 years ago and guess what I haven't displayed those symptoms i had 4 years ago after and probably never will for the rest of my life as long as i stay the hell away from those powerful so called medicine.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
georgey215
Yes, I contacted a law office. They said they will have someone contact me in 2 days.
Its understandable when you hear firearms and mental disorder in same sentence it can be disconcerting. But you know what, I took medication for depression prescribed by a doctor. And guess what the medication caused me to have ton of bad symptoms. Then after those symptoms they slap me with a more serious diagnosis. That medication is known to do that. The medical system failed me. I told my current psychiatrist that the medication caused all those symptoms and I never in my life displayed them before until i took that drug. He said it can't be proven. This all happened 4 years ago and guess what I haven't displayed those symptoms i had 4 years ago after and probably never will for the rest of my life as long as i stay the hell away from those powerful so called medicine.
Which law firm did you contact?
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
georgey215
O man, I went to get my medical records. I was infact 302d, but doctor had my 302 discharged. HAHA so am i good then? All hospital visits were voluntary, 302 was discharged. Or am i prematurely happy right now.
The wording "doctor had my 302 discharged" is... "strange" - I've never heard that said before.
How many days were you there? That's usually a good way to tell if you were 302'd or 201'd - BUT not 100% either.
Really though, the only course of action that is safe here is to speak to someone knowledgeable in this matter - in the LEGAL sense.
Paying a small amount of money NOW to get an accurate answer is much less costly than breaking the law and paying the price for it.
I would also do some research and ONLY discuss this with an attorney experienced in "firearm law" because otherwise, I suspect you could find that they are unwilling or unable to properly assess your situation.
Good luck.
Re: Want to purchase firearm but diagnosed with mental disorder. Details inside.
Quote:
Originally Posted by
Berncly
Which law firm did you contact?
Sidkoff Pincus & Green
I don't have any experience with lawyers. Never had to use them. Its a law firm specializing in constitutional rights. ¯\_(ツ)_/¯ Could you point me in the right direction?