declined renewal

[zook62]

I was declined renewal of my carry permit due to a 302 confinment caused by perscription drug interaction. Is there an apeal process available.

zook62 phila

[Agent Smith]

I think being declined for your LTCF is the least of your worries at this point because under §6105 of the PA crime codes, anyone that has been involuntarily committed under section 302 cannot possess, use, manufacture, control, sell or transfer firearms.

How long ago were you 302'd?

[gnbrotz]

From §6111.1

(g) Review by court.—

(1) Upon receipt of a copy of the order of a court of competent jurisdiction which vacates a final order or an involuntary certification issued by a mental health review officer, the Pennsylvania State Police shall expunge all records of the involuntary treatment received under subsection (I).

(2) A person who is involuntarily committed pursuant to section 302 of the Mental Health Procedures Act may petition the court to review the sufficiency of the evidence upon which the commitment was based. If the court determines that the evidence upon which the involuntary commitment was based was insufficient, the court shall order that the record of the commitment submitted to the Pennsylvania State Police be expunged. A petition filed under this subsection shall toll the 60-day period set forth under section 6105(a)(2).

(3) The Pennsylvania State Police shall expunge all records of an involuntary commitment of an individual who is discharged from a mental health facility based upon the initial review by the physician occurring within two hours of arrival under section 302(b) of the Mental Health Procedures Act and the physician’s determination that no severe mental disability existed pursuant to section 302(b) of the Mental Health Procedures Act. The physician shall provide signed confirmation of the determination of the lack of severe mental disability following the initial examination under section 302(b) of the Mental Health Procedures Act to the Pennsylvania State Police.

[Jackal]

Fight it if what you say is how it happened.

[Philadelphia]

On the federal side of being a prohibited person, I think you might be toast.

Consult with a good lawyer who knows gun law and a psychiatrist familiar with drug interactions. It will be worth what it costs, even if the answer is "no." At least you'll know one way or the other for sure.

[NineseveN]

On the federal side of being a prohibited person, I think you might be toast.

Consult with a good lawyer who knows gun law and a psychiatrist familiar with drug interactions. It will be worth what it costs, even if the answer is "no." At least you'll know one way or the other for sure.

Unless something has changed, Section 302 commitments in PA are not Federal disqualifiers, they're only valid on the state level.


http://www.pafoa.org/forum/question-...cs-page-2.html

[tmg19103]

Arrghhhh, these laws drive me crazy. Assuming it was a one-time drug interaction commitment, and you were fine before and after, they should have an easy appeal process, but don't exepect this to be easy and expect it to be costly to regain your rights.

And yes, it appears you should not own or posess firearms as the law is written, so you should transfer ownership to a friend or relative until this is cleared up as aplying for the renewal could be probable cause for the police to come a knockin and then you are looking at a felony.

[GunLawyer001]

There's a procedure authorized by 6105(f)(1) of the UFA for this, to get your rights restored by a Common Pleas Court judge. It's not an appeal from a denial, it's a separate process that removes the prohibition.

It will take a lawyer familiar with this to get it done, the State Police will oppose it so that there will be a hearing instead of getting an unopposed grant of relief.

[skyjerk]

There's a procedure authorized by 6105(f)(1) of the UFA for this, to get your rights restored by a Common Pleas Court judge. It's not an appeal from a denial, it's a separate process that removes the prohibition.

It will take a lawyer familiar with this to get it done, the State Police will oppose it so that there will be a hearing instead of getting an unopposed grant of relief.

This is correct. I went through this process and had my rights restored and the 302 expunged.

It is also correct that a 302 does NOT disqualify someone federally. It is not recognized because there is no due process associated with the commitment.

The heart of the process is that you basically have to prove to the courts satisfaction that you are not any danger to yourself or
others and that you would handle any firearms responsibly.

For me, I had to be thoroughly examined by a reputable psychologist and found by him to mentally/emotionally fit and
not any danger. I had a court hearing in Chester County Court of Common Pleas where the Doctors report was presented as evidence, plus I was sworn in and interviewed on the stand by my lawyer, a lawyer from the PA State Police, and the judge had some questions for me as well.

Whole process took a few months and cost a few thousand bucks and in the end he restored my rights and expunged the 302's from my record.

If you are currently in possession of any firearms, I STRONGLY recommend that you find them a new home (legally)
until you have the matter straightened out. If you have a 302 on your record there is no doubt that you are currently prohibited by law from owning or possessing firearms.

If, during the process of having the matter expunged, it comes to light that you were illegally in possession of any firearms it
will severly complicate the process.

[G.AlanFink]

I was declined renewal of my carry permit due to a 302 confinment caused by perscription drug interaction. Is there an apeal process available.

zook62 phila

'prescription drug interaction'... drug abuse? Was the 302 voluntary or court ordered?

You need to seek counsel unless you wish to loose your rights.