Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jul 2015
    Location
    The Hills, Pennsylvania
    (Pike County)
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    Default How can I find out if I was 302'd?

    I see a lot of people on here posting stuff about being 302'd. I am trying to figure out if I was 302'd so I can figure out if I am allowed to own guns. Here's my story. When I was 17 I took a bunch of pills, emt's came and whisked me away to the hospital. The day after the incident two social workers came to see me when I was still at the hospital and told me if I didn't check into the nut ward voluntarily I would be 302'd and would lose my gun rights. I agreed to the 201. I went to the nut ward but kept acting like a brat so the doctor wouldn't let me go. However, they insisted that I was there on a 201 and would only 302 me if I tried to leave treatment. Long story short I had to speak to a state trooper about the incident about a year after it happened because he was investigating the situation. He mentioned something about me being 302'd but I wonder if he just didn't know what he was talking about. Anyway it's been 12 years since the incident and I don't know how to figure out if I was 201'd or 302'd. Is there some way I can do a background check on myself to find out? Is there some way I can do a background check on myself to see if I am cleared to own a gun?

  2. #2
    Join Date
    Jul 2015
    Location
    Boulder, Colorado
    (Clearfield County)
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    Default Re: How can I find out if I was 302'd?

    I was able to call the hospital to find out the exact filing, but I also called the state police pics dept (if memory serves me right) and asked them to see if I had something on my file that would prevent my ownership. They were very reluctant but did say that there was something there.

    What ever you do, DO NOT TRY TO BUY A GUN until you know for sure. If you are prohibited you are looking at a misdemeanor and a felony as I found out the hard way.

    Also, records are purged from places far to frequently. If possible get all records you can from the hospital if they still have them.

    Good luck with everything!

  3. #3
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: How can I find out if I was 302'd?

    Get a copy of your hospital records. You'll need to request them and pay for them. It could be expensive, but it's a small price to get an accurate answer to an important question.

    That's really the only way to be certain. The police may or may not have ever gotten that info (records), so you really can't rely on what they say 100%.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  4. #4
    Join Date
    Jan 2013
    Location
    Dover, Pennsylvania
    (York County)
    Posts
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    Default Re: How can I find out if I was 302'd?

    Your local sheriff might run a background check for you as well. As noted above, that doesn't mean your records are correct or that they may show up as 302'ed years from now. Your best bet is to try and get records copies now...
    Resistance to tyrants is obedience to God.

  5. #5
    Join Date
    Nov 2006
    Location
    Elkland, Pennsylvania
    (Tioga County)
    Age
    79
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    Default Re: How can I find out if I was 302'd?

    It look to me like you have done your due diligents I would think your good to go

    Note: I'm not a lawyer let alone your lawyer. Any advice you get for free is wort what you paid for it.
    USNRET '61-'81

  6. #6
    Join Date
    Feb 2012
    Location
    Montco, Pennsylvania
    (Montgomery County)
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    Default Re: How can I find out if I was 302'd?

    Note: I'm not a lawyer let alone your lawyer. Any advice you get for free is wort what you paid for it.
    ^^^^^. This. Few of us on here are lawyers and those that are seldom give free legal advice online.
    Your question is complex. A wrong answer could get you a felony charge.

    You cannot shortcut the answer, Or find an answer on the Internet. Hire a lawyer to work with you.

  7. #7
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    Default Re: How can I find out if I was 302'd?

    Quote Originally Posted by InPa View Post
    Well, I contacted the hospital that would have my records. They have to check their data base to see if any record exists. I also contacted the PSP. They told me that the county I was committed in would have the records and counties don't always send their records to the PSP. I contacted the county and they told me they have no record of me being committed. I spoke to my aunt who was involved in the situation and she told me I was 201'd. I think maybe the state trooper who said I was 302'd just assumed I was 302'd as he was not directly involved in the situation. It would just be nice to know for sure. I have actually dealt with the PSP over the years and they know I have guns and never said anything to me about it. I've been pulled over with guns in my position and didn't get in trouble. I guess I am clear to own firearms. I have never tried to purchase a firearm new from an FFL though. All the guns I have were given to me during my teens.
    You would do well to carefully document every conversation you had about this, so that you can call those folks as witnesses for your felony trial. PICS is now referring pretty much every denial to local LEO's or the PSP for prosecution, and they love to go after people with old 302's. Since your state of mind is relevant to the crime of knowingly making a false statement, you need to pile up a lot of evidence for your state of mind. Their argument is that most people would remember being involuntarily committed to a psych ward, so if they prove that you were committed, their case is made.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
    Join Date
    Feb 2012
    Location
    Montco, Pennsylvania
    (Montgomery County)
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    Default Re: How can I find out if I was 302'd?

    [QUOTE=Remington788;3097880]^^^^^. This. Few of us on here are lawyers and those that are seldom give free legal advice online.
    /QUOTE]

    I stand corrected on this, as Gunlawyer just gave you some excellent advice free of charge.

  9. #9
    Join Date
    Aug 2016
    Location
    Bethlehem, Pennsylvania
    (Northampton County)
    Posts
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    Default Re: How can I find out if I was 302'd?

    ex gf files a 302 on me, went to the hospital voluntary the could not leave. I need to find out if the 302 really is on on my record before owning another guns's. The 302 means danger to yourself or others. there is no physical evidence i am danger to other or myself...... Any good lawyer who do this stuff in Pennsylvania. better to contact a lawyer then to find out the hard way and catch a felony.

  10. #10
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: How can I find out if I was 302'd?

    Quote Originally Posted by flyboybill View Post
    ex gf files a 302 on me, went to the hospital voluntary the could not leave. I need to find out if the 302 really is on on my record before owning another guns's. The 302 means danger to yourself or others. there is no physical evidence i am danger to other or myself...... Any good lawyer who do this stuff in Pennsylvania. better to contact a lawyer then to find out the hard way and catch a felony.
    Did you not read the part about requesting your medical records?
    I called to check my ZIP CODE!....DY-NO-MITE!!!

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