Is there an exception for 302's on an outpatient basis?

**HyDef** · January 13th, 2017, 11:41 AM

Some state rep from Philadelphia has a letter in the Scranton fish wrap today stating he has introduced legislation to close a "gun loophole". He claims, "I have introduced legislation (to resolve the ambiguity in Pennsylvania law on involuntary mental health treatment and possessing guns. Under current law, people who have been committed for mental health treatment involuntarily are ineligible to possess a gun — unless the treatment ordered is on an outpatient basis."

Is this true? I don't want to reply on the paper's message board without knowing the facts. Is there a level of 302 that does not bar ownership of weapons? Is getting ordered treatment on an outpatient basis something other than a 302? (Maybe a 301 and a half? lol).
http://thetimes-tribune.com/opinion/...2017-1.2141595

**knight0334** · January 13th, 2017, 03:04 PM

In-patient or out-patient really doesn't matter in PA for 302's and higher. The 302 and higher is a involuntary commitment regardless as to whether you can come and go, which makes it a prohibitor.

Voluntary commitments aren't prohibiting in PA(they are in other states, Illinois for one).

**Emptymag** · January 13th, 2017, 04:00 PM

Outpatient 302?

Isn't that a complete, and I mean COMPLETE contradiction of terms?

**RTF92.5** · January 13th, 2017, 04:30 PM

I'm pretty sure in California the 5150 (their 302) will earn you a (5) year prohibition, which you must have reversed in a court, and, a 72 hour observation period, but once there you only get an involuntary commitment if they want to keep you longer and you refuse. Then they keep you anyway, just involuntarily... which earns you the Federal prohibition.

So basically an arrest and 72 hour time-out.

The obligatory IANAL, mental health provider or patient. Check your local laws for terms and conditions.