Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: 302s and prohibition of gun ownership

    You're wrong, and the lawyer was correct. Under a 302 warrant you are only held to be observed, and not involuntarily committed.

  2. #22
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    Default Re: 302s and prohibition of gun ownership

    Quote Originally Posted by GunLawyer001 View Post
    That may be your experience in your facility.

    But I've heard a different story from so many clients that I have to believe there's some truth to it; people who were TOLD that they were admitted on a 201, but the paperwork for a 302 was sent to the PSP. My theory is that it's easier to handle patients who believe that they are there voluntarily, and lying to them is not viewed as an issue. And the patient has zero control over the paperwork or where his body is taken and by whom.

    It's simply too easy to be admitted on a 302, based on the opinion of one doctor, whose facility makes a lot more cash from a 302 admission than from releasing the patient. Particularly for minors brought in by their parent or parents. Plenty of parents are just out of their depth in child-raising, and when a teen acts like a teen instead of a sweet little child, the kid goes to the shrink to be fixed.

    A doctor who says the patient is fine and sends him on his way, faces more risks than the doctor who admits every patient for a thorough review. That's just the way it is. Admission looks like "due diligence", releasing him COULD result in the patient killing himself or someone else tomorrow. There's no downside to a 302 admission, for anyone except the person who loses his rights for life, and there's nobody to sue for that.

    I know what the statute says, I know the theory that's out there for public consumption. I know that some of those admitted have slashed wrists or they punched out their folks. But the fact remains, being admitted once says nothing at all about the same person 5 or 10 or 20 years later, and either our legal system is horribly defective in this regard, or psychiatry is a joke and we can't fix mental illness, ever.
    Quote Originally Posted by Kberg View Post
    You're wrong, and the lawyer was correct. Under a 302 warrant you are only held to be observed, and not involuntarily committed.
    Since you are new here, you may not be aware, but the other person I'm quoting here is a lawyer.

    You also might want to check out this link: https://www.alleghenycounty.us/Human...ommitment.aspx

    Upshot is you are wrong. 302 is an involuntary commitment.

  3. #23
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    Default Re: 302s and prohibition of gun ownership

    Quote Originally Posted by t1066 View Post
    Since you are new here, you may not be aware, but the other person I'm quoting here is a lawyer.

    You also might want to check out this link: https://www.alleghenycounty.us/Human...ommitment.aspx

    Upshot is you are wrong. 302 is an involuntary commitment.
    Hold up. New guy probably should have left a zombie thread alone, but hereís a post from Joshua Princeís blog: https://blog.princelaw.com/2017/12/2...section-922g4/

    So the previous posts were certainly true at that time, but itís less clear now. I donít claim to know either way-this was my first stop after reading that blog post.

  4. #24
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    Default Re: 302s and prohibition of gun ownership

    Quote Originally Posted by Mike_Golf View Post
    Hold up. New guy probably should have left a zombie thread alone, but here’s a post from Joshua Prince’s blog: https://blog.princelaw.com/2017/12/2...section-922g4/

    So the previous posts were certainly true at that time, but it’s less clear now. I don’t claim to know either way-this was my first stop after reading that blog post.
    I wasn't commenting on whether or not it still triggers a permanent disability, but it is an involuntary commitment regardless.

  5. #25
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    Default Re: 302s and prohibition of gun ownership

    Quote Originally Posted by t1066 View Post
    I wasn't commenting on whether or not it still triggers a permanent disability, but it is an involuntary commitment regardless.
    You’re right - fair enough.

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