Anyone have a 302 commitment (no 303 commitment) that can't possess a firearm

[Walleye Hunter]

OK, no, I'm not able to help but hopefully it will work out for you. It sounds expensive and lengthy.

[father-of-five]

Basically I signed an ama (against medical advice) right before I turned 18 and when you do that it allows the hospital to hold you up to 72 hours more to determine if you can leave or not. Since I was a minor and my parents refused to let me come back home they basically 302 me because I couldn't financially support myself that was the physicians actual report and there wasn't any clear diagnosis when the state laws requires there to be one and on top of that I was in cys and I had a plethora of other options that could of work going back to cys, homeless shelter, a foster home, independent living and ect....I guess to them that fit the clear and present danger statue cause I couldn't satisfy my nourishment, care, shelter or self protection and safety. I highly doubt they can allow a minor to be on the street which is why they did that but that exceeds what it means to actually be commutable. You have to actually be suicidal or homicidal or harming yourself or threatening to harm other to be committed that's how it should be but the interpretation of the 302 is so broad that a physician can unilaterally revoke your 2nd amendment rights over a stroke of a pen cause of a
Questionable diagnosis

Are you comfortable discussing the original reason for admission?

[Monie5115]

Yeah that's fine I don't mind basically I ran away from cys after my mother put me back into it because of school issues. I was placed in a random home that I left and I ran away back home when I returned home my parents gave me an ultimatum to either willingly go to the hospital or they would call the police and let them handle it. Not much a choice I went with my mother to the hospital and she signed me in citing that I was being irresponsible and skipping school and claimed I needed help saying that I threatened to take Tylenol and I was committed on a voluntary 201 parental consent. Mind you when I was actually seen the hospital never checked for evidence that I actually did any Tylenol, I never mentioned or admitted to any such act no was I answering the questions of the physician that would be incriminating. The sad truth is that Pennsylvania law allows a parent to consent throwing away the minors due process ability when multiple supreme court cases ruled that unconstitutional which causes alot of unjustified 302s when in reality its just parents and children having issues at home that could be resolved without the intervention of a hospital. So my argument for the state level bar is that the 201 was illegal therefore any evidence collected from a 302 is inadmissible to bar someone under state law from possessing a firearm. That's for the 201 the federal standard is completely different which I'll win that one cause of Wilborn and Franklin.

[Monie5115]

Are you comfortable discussing the original reason for admission?

I just responded to you

[Delkal]

Basically I'm filing a federal injunction to regain my 2nd amendment rights back since I failed in the state court. Ive asked if you or if you know anyone that's been affected by a 302 if they wanted to get their rights back that this might be another avenue that could change the nature of the laws that exist in Pennsylvania

Are you filing the injunction by yourself again or is a top lawyer(s) with 2A experience handling it this time?

[father-of-five]

Yeah that's fine I don't mind basically I ran away from cys after my mother put me back into it because of school issues. I was placed in a random home that I left and I ran away back home when I returned home my parents gave me an ultimatum to either willingly go to the hospital or they would call the police and let them handle it. Not much a choice I went with my mother to the hospital and she signed me in citing that I was being irresponsible and skipping school and claimed I needed help saying that I threatened to take Tylenol and I was committed on a voluntary 201 parental consent. Mind you when I was actually seen the hospital never checked for evidence that I actually did any Tylenol, I never mentioned or admitted to any such act no was I answering the questions of the physician that would be incriminating. The sad truth is that Pennsylvania law allows a parent to consent throwing away the minors due process ability when multiple supreme court cases ruled that unconstitutional which causes alot of unjustified 302s when in reality its just parents and children having issues at home that could be resolved without the intervention of a hospital. So my argument for the state level bar is that the 201 was illegal therefore any evidence collected from a 302 is inadmissible to bar someone under state law from possessing a firearm. That's for the 201 the federal standard is completely different which I'll win that one cause of Wilborn and Franklin.

For clarification, were you placed in fostercare because of truancy in school, or was there another school problem or problem(s) at home?

[Monie5115]

Are you filing the injunction by yourself again or is a top lawyer(s) with 2A experience handling it this time?

Definitely a lawyer this time specifically the Prince law firm I heard that's the best in Pennsylvania and they were the ones that won the Wilborn and Franklin cases and they said they'd take my case but they want a large significant amount of money for it which I plan to save money for.

[Monie5115]

For clarification, were you placed in fostercare because of truancy in school, or was there another school problem or problem(s) at home?

Well my grades were slipping a little bit and some other stuff at home disagreements with work and stuff typical family drama add all of that together and it eventually blows up. But nothing that would constitute a hospital though. I originally was adopted beforehand so you can say I've been in the system before

[Delkal]

Definitely a lawyer this time specifically the Prince law firm I heard that's the best in Pennsylvania and they were the ones that won the Wilborn and Franklin cases and they said they'd take my case but they want a large significant amount of money for it which I plan to save money for.

Good choice. And best of luck.

[father-of-five]

Well my grades were slipping a little bit and some other stuff at home disagreements with work and stuff typical family drama add all of that together and it eventually blows up. But nothing that would constitute a hospital though. I originally was adopted beforehand so you can say I've been in the system before

I'm more familiar with the New Jersey system than the Pennsylvania one, but I know both require some pretty significant incidents to occur to have a child removed from a home. Slipping grades, disagreements at work, and typical family drama as you stated, does not appear to rise to the level of child removal, unless there are some more significant details you have not yet mentioned. I'm just trying to understand how this led to a psychiatric hospitalization, other than the suicide threat, or what sounded like a suicide threat, that you mentioned earlier.