Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Nov 2013
    Location
    Erie, Pennsylvania
    (Erie County)
    Posts
    1,218
    Rep Power
    17546760

    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by widgetman101 View Post
    A 302 in any state prohibits you in every state. If you go through the process of getting it removed then it's removed from your record for the state. Since that record is only at the state level and now removed then you'd be free to buy in the state it happened or if you move to another state in the future.
    I researched it further, and don't think that's correct. The below is from an Eastern District Court of PA ruling


    "The interesting implications are how these commitments will be handled by other states since it has been held that a Section 302 commitment is not sufficient under the federal law. If an individual who has been committed pursuant to Section 302 moves to another state, the individual*s ability to possess a firearm will be subject solely to that state*s firearms laws since the federal law does not prohibit ownership."

  2. #22
    Join Date
    Aug 2020
    Location
    Erie, Pennsylvania
    (Erie County)
    Posts
    12
    Rep Power
    0

    Default Re: 302 Moving To Another State Legality?

    UPDATE:

    I received my paperwork from the hospital and there was not a single mention of a 302 in it, despite the hospital telling my mother she couldn't take me home because they "already 302'd me". After failing to get in touch with my local MH/ID facility for any 302 records to my name, I contacted the local sheriff's office and explained how I hit a dead end. They said they understood and to come in, apply for a LTCF, and if I were to be denied by the PICS they wouldn't charge me. Last Thursday I went in and was approved instantly when the background check was run. After receiving some of the best news of my life, I was handed my LTCF and sent on my way. Yesterday I just purchased my first rifle (PSAK GF3) and just have to wait for it to ship.

    Despite considering myself incredibly lucky, it's pretty disturbing how a mental health facility will keep someone who went in voluntarily from leaving by lying that they put them down as a 302. I'm just really happy they never filed any paperwork. I sincerely hope anybody else who is going through a similar situation can get it resolved and become a lawful gun owner.

    Nobody should be judged for the rest of their life and have their rights taken away forever because they went through a difficult time in their life.

  3. #23
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    6,206
    Rep Power
    21474851

    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by ME16510 View Post
    UPDATE:

    I received my paperwork from the hospital and there was not a single mention of a 302 in it, despite the hospital telling my mother she couldn't take me home because they "already 302'd me". After failing to get in touch with my local MH/ID facility for any 302 records to my name, I contacted the local sheriff's office and explained how I hit a dead end. They said they understood and to come in, apply for a LTCF, and if I were to be denied by the PICS they wouldn't charge me. Last Thursday I went in and was approved instantly when the background check was run. After receiving some of the best news of my life, I was handed my LTCF and sent on my way. Yesterday I just purchased my first rifle (PSAK GF3) and just have to wait for it to ship.

    Despite considering myself incredibly lucky, it's pretty disturbing how a mental health facility will keep someone who went in voluntarily from leaving by lying that they put them down as a 302. I'm just really happy they never filed any paperwork. I sincerely hope anybody else who is going through a similar situation can get it resolved and become a lawful gun owner.

    Nobody should be judged for the rest of their life and have their rights taken away forever because they went through a difficult time in their life.
    Congratulations and enjoy your new freedom.
    Thank you for keeping me safe.

  4. #24
    Join Date
    Aug 2020
    Location
    Erie, Pennsylvania
    (Erie County)
    Posts
    12
    Rep Power
    0

    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by Walleye Hunter View Post
    Congratulations and enjoy your new freedom.
    Thank you. This whole situation gave me an incredible appreciation for my 2nd amendment rights that I'll make sure to never take for granted.

  5. #25
    Join Date
    Aug 2020
    Location
    Philadelphia, Pennsylvania
    Posts
    12
    Rep Power
    0

    Default Re: 302 Moving To Another State Legality?

    Quote Originally Posted by ME16510 View Post
    UPDATE:

    I received my paperwork from the hospital and there was not a single mention of a 302 in it, despite the hospital telling my mother she couldn't take me home because they "already 302'd me". After failing to get in touch with my local MH/ID facility for any 302 records to my name, I contacted the local sheriff's office and explained how I hit a dead end. They said they understood and to come in, apply for a LTCF, and if I were to be denied by the PICS they wouldn't charge me. Last Thursday I went in and was approved instantly when the background check was run. After receiving some of the best news of my life, I was handed my LTCF and sent on my way. Yesterday I just purchased my first rifle (PSAK GF3) and just have to wait for it to ship.

    Despite considering myself incredibly lucky, it's pretty disturbing how a mental health facility will keep someone who went in voluntarily from leaving by lying that they put them down as a 302. I'm just really happy they never filed any paperwork. I sincerely hope anybody else who is going through a similar situation can get it resolved and become a lawful gun owner.

    Nobody should be judged for the rest of their life and have their rights taken away forever because they went through a difficult time in their life.
    Indeed congrats. The entire ordeal is unconstitutional, so I consider it null and void. Fortunately you dont have to jump through hoops- and you've got an AK before the election is decided

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