Unique 302 Circumstance

[lee3up1]

Greetings All,

I have an unique story so here we go. In late 2006, I was taken into custody by PSP and transported to the hospital for what i believe was an psych evaluation due to an encounter I had with my girlfriend at that time. I am a 13 year veteran police officer/sergeant from MD. Basically, my girlfriend thought I was going to hurt my self so she called PSP. In No way shape or form was I going to hurt someone better yet my self during the encounter. Therefore, I waited patiently for the troopers. I cooperated with their investigation and subsquently was taken into custody for my safety. During the entire ordeal they were very professional to both parties and even took me with them while they cleared a disturbance call not far from my residence. Yes, I was in handcuffs/custody while they cleared the call. I was eventually admitted to the hospital for a period of a little over 24hrs and was released without incident. Very humbling experience I may add. I was placed on ADM Leave by my agency while they conducted the IA case. After 3 weeks I was placed back into full duty with NO administrative charges from my agency and NO criminal charges by PSP. I have never been in any kind of trouble before in my private or professionall life. Nothing ever came of it. Nothing Domestic.

Fast foward to 2011.

I recently attempted to purchase a firearm in PA and to my surprised I was denied via PICS. I did not check off the question pertaining to me being adjudicated as incompetent. After doing some research I found out that I was admitted under a 302 in 2006 therefore per PA Gun Law I can not possess, own, purchase, transfer, etc. I had no idea that this was a condition under the Pa law due to the fact that I never recieved any information to the contrary from PSP. I have carried my duty weapon back and forth to MD everyday that I work and have even stopped and assisted several PA Troopers and local regional police officers on traffic and other incidents. I have also carried my off-duty weapon in PA due to the fact of LEOSA. I discovered MD law stipulates that a person must be involuntary committed for a period of 30 or more days or has a potential of violent behavior so clearly does not apply to me. So, techinically am I in violation of PA law when I transport my duty weapon and how does this apply to my wife since she is in law enforcement as well and has her duty weapon and off duty weapon in our home. I am going to pick up my medical records from that night and will attach it to the PICS challenge form. Will this be enough or must I submit an application of restoration of my gun rights to the local Court of Common Pleas? Any advice will be greatly apprciated

Fast forward to 2011

[gnbrotz]

If I were you, I would make arrangements to store my duty weapon in MD, would not carry or posses at all while in PA, and have my spouse secure any firearms and ammo that are in the home in such a way that I would have no access to them.

I'd also consult a PA attorney well-versed in firearms law. IMO, this is a situation where investing some money for professional advice would be a good decision.

ETA - I also think you are in violation of federal law as well, but I need to double check that and/or wait until someone else chimes in on that.

ETA (again). Yes, if you are truly prohibited, you are prohibited under federal law as well. See "prohibited persons"

[SigForLife]

I currently have pending several cases, both in Common Pleas and the Superior Court, regarding whether a 302 conviction triggers a state and federal prohibition, since there is a complete denial of due process and when enacting the 302 statutory section, the legislative debate states that a 302 is not sufficient to trigger the disability. While ATF used to contend that a PA 302'ing was not sufficient to trigger the federal disability, they have since changed their mind based upon, I believe a New Hampshire case, where a federal district court upheld the state 302 statute, which was identical to ours, and found that it did not deprive the individual of due process.

This all being said, there is a federal exception for law enforcement in their official capacity. Nevertheless, if you want to ever be able to purchase/possess a firearm outside of your official capacity as a law enforcement officer, you should contact an attorney familiar with PA's Mental Health and Procedures Act to ensure that you were lawfully 302'ed. If you were not, you are entitled to expungement, which would relieve all disabilities.

[streaker69]

Since he was 302'ed, does that mean that this department can be held responsible for putting a firearm in his hands as a prohibited person?

[9orangeletters]

Get a lawyer. A physician has to sign off on you being "302"ed, and the petition has to be legitimate.

[lee3up1]

Thanks to all for the responses. I see now that I have an enormous headache on my hands but i have to get this taken care of. Do you guys know anyone who have been successfully represented in this matter? I have search several law firms but I cant find one with this specialty so to speak.

Thanks again

[lee3up1]

Am I in danger of losing my career?

[customloaded]

Thanks to all for the responses. I see now that I have an enormous headache on my hands but i have to get this taken care of. Do you guys know anyone who have been successfully represented in this matter? I have search several law firms but I cant find one with this specialty so to speak.

Thanks again

Private email Grotz, the guy who first responded to your posts. There are a few "Lawyers" on this website who represent firearm owners. Heck, they have even won cases!!! He would be the most suited to assist you in finding the right attorney for your needs.

I will withhold my personal opinion because it wouldn't be kind!

CL

[Deleted]

Am I in danger of losing my career?

Perhaps.... being 302'd is an automatic revocation of your certification by MPOETC so I would talk to an attorney asap.

[hzox221]

Please contact your union rep or FOP and have their attorney's deal with this for you.