Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2007
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    Secure Location, Pennsylvania
    (Delaware County)
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    Default Mental Health Catch 22: HELP!

    Here is the situation.

    I have a friend who wants to purchase a handgun and a long-gun.

    In 1993, when he was 13 years old, he thinks he was involuntarily commited under section 302 and may have appeared before a mental health officer after 72 hours for section 303 as well. Again, he was very young and doesn't remember all the details. His total stay may have been as long as 10 days.

    Here are his and my questions:

    1) If he fills out the PA and federal forms to purchase a handgun how should he answer the section 302 question? Obviously if he answers yes they will not run the application to begin with. If this is the case, how do you go about finding out if a disability is on your record before applying for a handgun?

    2) Since PA doesn't report mental health data to the federal government (as far as I know) and long-guns don't require a PA check, only a federal check, would he get approved for a long-gun?

    Just to be clear, this guy is totally clear minded and was only possibly commited because he had crazy parents. In addition, he is not 100% clear on the details. He has requested all his records but they do not make it clear if anything was proccessed under section 302 or 303.

    We really need help!

    We await any and all information.

  2. #2
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    Aug 2007
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Mental Health Catch 22: HELP!

    You are never going to know until you try, is the short answer. If he knows that he was 302'ed, then he isn't going to pass a PICS check.

    JUSTITIA ET VIRTUS

  3. #3
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    Default Re: Mental Health Catch 22: HELP!

    Quote Originally Posted by ExCopInPhilly View Post
    You are never going to know until you try, is the short answer. If he knows that he was 302'ed, then he isn't going to pass a PICS check.
    Isn't a letter from the doctor certifying himself a danger to himself or others a requirerment of certifying the 302 as legitimate.

    Also, any idea on the long-gun?

  4. #4
    Join Date
    Oct 2006
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    New Castle, Pennsylvania
    (Lawrence County)
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    Default Re: Mental Health Catch 22: HELP!

    Juvenile criminal records are sealed..........that means you get a clean slate at 18.

    I'm not sure about mental health records.


    Lycanbutishouldknowthrope

    I taught Chuck Norris to bump-fire.

  5. #5
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    Oct 2006
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    New Castle, Pennsylvania
    (Lawrence County)
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    Default Re: Mental Health Catch 22: HELP!

    Quote Originally Posted by dragonofpa View Post
    Isn't a letter from the doctor certifying himself a danger to himself or others a requirerment of certifying the 302 as legitimate.

    Also, any idea on the long-gun?
    No.....you don't need a doctor to 302. A mental health delegate files the petition and then it's a court order.


    Lycanchazmanshouldknowthisthrope

    I taught Chuck Norris to bump-fire.

  6. #6
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    Default Re: Mental Health Catch 22: HELP!

    Who would one contact to see if these records exist in the first place?

  7. #7
    Join Date
    Mar 2007
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    Erie, Pennsylvania
    (Erie County)
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    Default Re: Mental Health Catch 22: HELP!

    The county court house where he lived at the time should have records of any court orders.

  8. #8
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    Default Re: Mental Health Catch 22: HELP!

    Quote Originally Posted by CoyoteJack View Post
    The county court house where he lived at the time should have records of any court orders.
    But perhaps not for juveniles. They may be sealed.

    I taught Chuck Norris to bump-fire.

  9. #9
    Join Date
    Mar 2007
    Location
    Erie, Pennsylvania
    (Erie County)
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    Default Re: Mental Health Catch 22: HELP!

    I was denied in AZ years ago when purchasing a firearm because I had an outstanding vehicle violation I didn't know about. The gunshop owner gave me a number to call about my denial and once I got it straightened out I was good to go.

    If you apply and are denied is there a similiar resolution path in PA? Can you find out why you are denied? If so and the issue comes up then you may need to have a judge clear your old record. That may require a doctor giving your friend a clean bill of mental health.

  10. #10
    Join Date
    Apr 2007
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Mental Health Catch 22: HELP!

    I don't remember, isn't this mental health question irrelevent for the long gun purchase?

    Hawk,
    Toujours pręt

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