Does being 302'd allow you not to own a gun

**Slickrick214** · January 15th, 2011, 08:12 PM

Ok so I have a question. Back in 2009 I was on a new anti-depressant that made me feel really weird, it brought on side effects that caused someone to believe I was going to hurt myself. I was 302'd and brought to the hospital. I got there did the whole thing and talked to a psychatrist. They determined that I was not a threat to myself and it was a likley cause of a side effect of the meds. The doctor filled out a paper that recommened that I see a doctor and get new meds and that was it. I was NEVER actually commited to the mental hospital and i've been fine since. What I want to know is does being 302'd automatically make you inelligable to own a gun even if you weren't comminted to the mental hospital?

**kcr121** · January 15th, 2011, 08:30 PM

A 302 is for involuntary commitment, and yes, it prohibits you from legal firearms possession and ownership in Pennsylvania.

**ErSwnn** · January 15th, 2011, 08:46 PM

It is my understanding that upon being 302'ed, an involuntary use of a psychiatric hospital, you become a prohibited person. I'm curious, were you asked at the time to sign a 201, voluntary help, from the hospital? They are supposed to offer you 201 before they can enact a 302. I can't say with certainty if not bing held there qualifies as "committment". But I do know that it can be reversed even if committed. Your going to want to contact a lawyer to sort this out. From the sounds of things it seems you have cause to contest the issue and regain full rights. I wish you the best of luck.

Geez, now you need a lawyer to be sure a hospital doesn't screw you over. See if you can find if a 201 was offered, that could be a key to reversing this mess. Knowing how a hospital operates, they probably had you sign something saying you declined a 201. Their your records, have them make you a copy or have a doctor order a copy for you.

**The_War_Wagon** · January 15th, 2011, 08:53 PM

It's PA firearms-savvy lawyer time. Don't know any myself, but I'd start ASKING around! A lawyer is expensive; possession in VIOLATION of the law, even MORESO.

**Slickrick214** · January 15th, 2011, 09:02 PM

so even if you weren't commited to the mental hospital ou still can't own a gun? If I can't fin the 201 then what and any suggestions on a good lawyer?

**ErSwnn** · January 15th, 2011, 09:29 PM

Originally Posted by Slickrick214

so even if you weren't commited to the mental hospital ou still can't own a gun? If I can't fin the 201 then what and any suggestions on a good lawyer?

I can't say with any certainty one way or another whether you can own a firearm or not. I do know that if your kept in a facility you become prohibited. In your case you say you were not held and the problem was easily resolved with a medication change. I don't know how that would work out but I have a feeling it does indeed cause you to be prohibited. As much as I hate to say it I think you really need to have a lawyer go over this with you. I don't know any lawyers but a google search will find a few.

Just don't attempt to purchase a firearm till you figure this out and have been given clearance to proceed with a purchase. If you attempted to purchase you'll soon be in need of a criminal lawyer. As for the 201, contact the hospital/facility and ask for your records. Be nice about it when you ask. If that doesn't produce results have your doctor order the records. You'll sign a release form for the doctor and he/she will be able to obtain the needed records.

But no matter how you slice it, this is going to cost you some money. The system is so convoluted you almost always need a lawyer. Also be cautious as you proceed in your solution. Since your goal is to possibly purchase a firearm you might find that some people are not going to be helpful. Myself, I'd only state that I want the record cleared for my own satisfaction.

Also be aware, this is going to take some time to be resoved, the legal process is not quick. But do it right and stay legal.