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September 11th, 2013, 09:29 PM #1Junior Member
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Question regarding firearm purchase.
Hello there, friends. I've been browsing, and decided that this would be a good place to ask this question.
I plan to purchase a firearm, and even get a license to carry (in the future). It probably wouldn't be anytime soon, but it's been a plan for quite some time.
I was recently in the emergency room for chest pain, and I was talking to the doctor about depression (I had been depressed due to some news about a close one). He asked if I had ever had suicidal thoughts, and I vaguely answered yes. I had no intention of harming myself at all, it was just kind of an empty thought. Like, "oh, well there's always that". It wasn't serious, but he did his job and had me sent over to another hospital to be evaluated by a psychiatrist. I sat there for about 30 minutes, and was seen by a doctor. I explained this all to her, and she set me free. I asked if my visit would have any negative impact on me; she answered "No. As long as you don't tell anybody you were here, nobody will ever know." This makes me believe that there will be no record of it, but I am unsure after some reading. I remember when I arrived there, "302" was mentioned.
Now, I suppose technically, I was never "committed". I was released within an hour. The doctor's response to my question also leads me to believe that everything is okay, as far as that goes. Is there anyway for me to know for sure? I've read that if I attempt to purchase a firearm and fail the background check, it is a crime. How would I go about making sure I am eligible for purchase? I've searched, but have found nothing too assuring.
This whole thing has been a big misunderstanding, and it's just very frustrating. Any help would be greatly appreciated. Thanks, everyone!Last edited by CuriousPerson998; September 11th, 2013 at 09:36 PM.
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September 11th, 2013, 09:38 PM #2Active Member
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wernersville,
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Re: Question regarding firearm purchase.
I am pretty sure you will not have a problem. when somebody is 302'd you dont get released for 72 hours. So it doesnt sound like you were 302'd. the Pa instant check system isnt connected to a database that lists everyone who has ever had a history of depression or mental illness. IANAL
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September 11th, 2013, 10:03 PM #3
Re: Question regarding firearm purchase.
If you really want to know for sure, and it sounds like you do, contact the hospital or psychiatrist where you were evaluated, whichever would have the record of your visit. You might even want to contact the hospital where you went to the ER as well.
Get them to mail you copies of your medical records. Once you have them, you can either look them over yourself or pay an attorney to look them over for you.
Then you will know and have some piece of mind about filling out that form. Just guessing about it all is not completely safe, on rare occasions paperwork and records are filled out incorrectly.
As for the discussions you had, even if you have been treated, had therapy, or been prescribed medication, these are not prohibiting. Even a voluntary commitment is not prohibiting. Your records will give you certainty.While many claim to support the right, precious few support the practice.
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September 11th, 2013, 10:04 PM #4
Re: Question regarding firearm purchase.
Doesn't look like you were even close to a 302.
See: http://www.alleghenycounty.us/dhs/commitment.aspx
You can always ask to review you medical records at the hospital you had the pysch evaluation done to see what formal paperwork was filed.
OAN: Just hate it when somebody else types faster than I Darn that CurmudgeonIANAL
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September 11th, 2013, 10:08 PM #5
Re: Question regarding firearm purchase.
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September 11th, 2013, 10:32 PM #6Junior Member
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Re: Question regarding firearm purchase.
Thanks for the responses, guys.
Now, the hospital I was transferred to is in the same network as the one I was originally at. So, would I just need to get my records from one or the other? Also, what exactly would I be looking for in these records? What do you think would be the cost of a lawyer to review them? What about to get it expunged? This is all such a headache. Blah.
Thanks again.
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September 11th, 2013, 10:42 PM #7
Re: Question regarding firearm purchase.
You would have to be 302'd for them to hold you for 72 hours, but you would not have to be held for 72 hours if you were 302'd. Some people are evaluated after the 302 paperwork is done, and found to be fit to be released immediately.
A lawyer who is familiar with the relevant laws and documents could review your paperwork and (if it's complete) give you a competent appraisal in under half an hour.
Expungement is problematic, but can be done as an ancillary to the process under the UFA.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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September 12th, 2013, 03:21 AM #8
Re: Question regarding firearm purchase.
A 302 is an Involuntary Commitment. Can be held against your will UP TO 72 hours, or until evaluated. Many who are taken on a 302 after saying things while drunk are released after sober and evaluated, sometimes as soon as 4-6 hours later.
A 201 is a Voluntary Commitment, whereas you Voluntarily seek mental help, even if its just looking for a doc to talk to. A 201 does not affect your firearms rights, a 302 does. Sounds like you did a 201.
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September 12th, 2013, 08:48 AM #9Junior Member
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Re: Question regarding firearm purchase.
Thanks again for the replies, everyone.
Getting anxious, I decided to call the center that I was brought to.
I explained my situation, as well as my concern. The person I spoke with said that since I was discharged within the hour and never actually "admitted," I was never officially 302'd. I was informed that nothing was sent to the police, and there will be no record of my brief visit.
I hope this information will help others that have gone through something similar.
Thanks, guys. Take care.Last edited by CuriousPerson998; September 12th, 2013 at 08:51 AM.
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September 12th, 2013, 09:25 AM #10
Re: Question regarding firearm purchase.
i am sure you are fine. suicidal ideation without a plan is considered lower risk. the fact that they didnt admit you and put you on suicide watch shows that they felt you were not to big a threat to yourself. it is also unfair to categorize someone when something is said in a moment of distress/pain (potential heart attack). if i were you, i would confidently check the box that answers no to psychiatric problems.
ianal and this is not meant to replace the informed medical advice of your physicianMontani Semper Liberi
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