Pennsylvania Firearm Owners Association
Page 1 of 4 1234 LastLast
Results 1 to 10 of 32
  1. #1
    Join Date
    Mar 2019
    Location
    Mill Run, Pennsylvania
    (Fayette County)
    Posts
    9
    Rep Power
    0

    Default Another 302 Question

    Ok I have searched and searched before I registered. I am posting on behalf of my son and looking for guidance. Back in 2014 my son was out 16 and out of control. My wife and I had him 302ed but with the understanding from the hospital that if he voluntarily 201ed himself when he got there the 302 would be null and void. So that's what he did because he hunted and didn't want to lose his gun privileges. Fast forward to 2 weeks ago and he tried to purchase a firearm and was denied. He did the PICs challenge and said it was because of his 302 in 2014. We went to the hospital and the only official form we got was his 201 voluntary commitment. This was also sent in with the PICs challenge form and they still denied him. My question is where should we go from here. The one incident was all we had and now he is a young father who just likes to hunt and fish and has grown up alot since he was 16 but now because of either an error somewhere or a lie by the hospital he can't own a gun. Any guidance would be great. Thanks

  2. #2
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    4,697
    Rep Power
    21474847

    Default Re: Another 302 Question

    Quote Originally Posted by shamar100 View Post
    Ok I have searched and searched before I registered. I am posting on behalf of my son and looking for guidance. Back in 2014 my son was out 16 and out of control. My wife and I had him 302ed but with the understanding from the hospital that if he voluntarily 201ed himself when he got there the 302 would be null and void. So that's what he did because he hunted and didn't want to lose his gun privileges. Fast forward to 2 weeks ago and he tried to purchase a firearm and was denied. He did the PICs challenge and said it was because of his 302 in 2014. We went to the hospital and the only official form we got was his 201 voluntary commitment. This was also sent in with the PICs challenge form and they still denied him. My question is where should we go from here. The one incident was all we had and now he is a young father who just likes to hunt and fish and has grown up alot since he was 16 but now because of either an error somewhere or a lie by the hospital he can't own a gun. Any guidance would be great. Thanks
    Get a good lawyer, gunlawyer on this forum is very good. He might have a chance of getting the 302 invalidated, but it'll take someone with expertise in it. It will not be a cheap or easy endeavor. The only way to get it resolved is to show the 302 is invalid, otherwise it's a life long prohibition with no other recourse.

  3. #3
    Join Date
    Mar 2019
    Location
    Mill Run, Pennsylvania
    (Fayette County)
    Posts
    9
    Rep Power
    0

    Default Re: Another 302 Question

    Quote Originally Posted by R L Suehr View Post
    Get a good lawyer, gunlawyer on this forum is very good. He might have a chance of getting the 302 invalidated, but it'll take someone with expertise in it. It will not be a cheap or easy endeavor. The only way to get it resolved is to show the 302 is invalid, otherwise it's a life long prohibition with no other recourse.
    Yeah I understand the cost and the length but my question is if he has the 201 paper and that is the only thing the hospital has on file how the heck is it showing a 302. To me this seems like a clerical error somewhere and the last thing I can do is afford to pay out the ying yang for someone elses mistake. Thanks for the input. I'm not putting your input off or anything just very frustrated at this point.

  4. #4
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
    Posts
    1,682
    Rep Power
    21474844

    Default Re: Another 302 Question

    Quote Originally Posted by shamar100 View Post
    We went to the hospital and the only official form we got was his 201 voluntary commitment.
    You will still need a good 2A lawyer (so don't go inexperienced or cheap) but if you have this document in hand it should help a lot.

  5. #5
    Join Date
    Jan 2011
    Location
    Oh so close to the Delaware River!, New Jersey
    Posts
    1,417
    Rep Power
    3221240

    Default Re: Another 302 Question

    Your son should be able to obtain a copy of the medical record which should clearly state the type of admission. When I last worked in a Pennsylvania hospital, we had to submit a form to Harrisburg if someone was involuntary committed. I wonder if that form was accidentially sent to Harrisburg.

  6. #6
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Posts
    4,697
    Rep Power
    21474847

    Default Re: Another 302 Question

    Quote Originally Posted by shamar100 View Post
    Yeah I understand the cost and the length but my question is if he has the 201 paper and that is the only thing the hospital has on file how the heck is it showing a 302. To me this seems like a clerical error somewhere and the last thing I can do is afford to pay out the ying yang for someone elses mistake. Thanks for the input. I'm not putting your input off or anything just very frustrated at this point.
    Definitely understand the frustration. I would think that paper will help your case. As was stated above, get any and all records on the commitment from the hospital. 302 cases are tough and getting a lawyer involved is really the only way to get it resolved. Sucks for sure, but that's the truth of it.

  7. #7
    Join Date
    Mar 2019
    Location
    Mill Run, Pennsylvania
    (Fayette County)
    Posts
    9
    Rep Power
    0

    Default Re: Another 302 Question

    Quote Originally Posted by father-of-three View Post
    Your son should be able to obtain a copy of the medical record which should clearly state the type of admission. When I last worked in a Pennsylvania hospital, we had to submit a form to Harrisburg if someone was involuntary committed. I wonder if that form was accidentially sent to Harrisburg.
    I have that paper on hand. It clearly states Voluntary Commitment MH-781-7-82. This is what is frustrating with the whole thing. Now we have to wait to see if the cops show up because when he tried to buy the gun he truly didn't think anything was wrong. We did the PICS challenge so hopefully that helps but I am going to call around tomorrow to make sure there isn't a warrant out for his arrest yet.

  8. #8
    Join Date
    Mar 2019
    Location
    Mill Run, Pennsylvania
    (Fayette County)
    Posts
    9
    Rep Power
    0

    Default Re: Another 302 Question

    Quote Originally Posted by R L Suehr View Post
    Definitely understand the frustration. I would think that paper will help your case. As was stated above, get any and all records on the commitment from the hospital. 302 cases are tough and getting a lawyer involved is really the only way to get it resolved. Sucks for sure, but that's the truth of it.
    Sent that in with the PICS challenge form and they still denied him. I don't understand their thought process. I did see a date error from the PICS saying the commitment was 1/27/14 instead of 10/27/14 . That could have just been a typo when they sent out their determination though.

  9. #9
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    7,107
    Rep Power
    21474853

    Default Re: Another 302 Question

    1/27/14 instead of 10/27/14......

    That almost suggests the SP looked at someone else's records. Even if a typo, that's too damned unforgivably sloppy with a citizen's constitutional rights.
    Legislating to prevent people's acts is fantasy

  10. #10
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    12,361
    Rep Power
    21474861

    Default Re: Another 302 Question

    It's possible that a 201 was converted to a 302 during the stay, but unlikely, the same way that a 302 is sometimes bumped up to a 303 with an additional hearing.

    Certainly worth trying to track down the truth, but if PICS knows about the inpatient stay, it's because the hospital mailed them a 302 commitment form. Nobody's enumerated rights should be stripped away because some clerk mailed off the wrong form.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ungawa's M16A1 is for sale, see the NFA ads! http://forum.pafoa.org/showthread.ph...06#post3835606

Page 1 of 4 1234 LastLast

Similar Threads

  1. Replies: 7
    Last Post: March 26th, 2018, 07:39 PM
  2. Question about PICS form question 11.C
    By Corsair19955 in forum General
    Replies: 20
    Last Post: March 21st, 2018, 06:36 PM
  3. Question new here
    By Yukonbreeze1 in forum Pistols
    Replies: 13
    Last Post: June 22nd, 2012, 06:25 AM
  4. S&W 642 question
    By lucas mccain in forum Pistols
    Replies: 14
    Last Post: March 12th, 2010, 12:59 AM
  5. Question about OC...
    By ViperGTS19801 in forum Open Carry
    Replies: 48
    Last Post: March 9th, 2010, 12:54 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops