Pennsylvania Firearm Owners Association
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  1. #61
    Join Date
    Jan 2013
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    Oakland Mills, Pennsylvania
    (Juniata County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by Gun View Post
    Interesting question, Can I leave the ER before being discharge?

    Googling this phrase, results show the answer to be Yes. Problem is, once triaged, you are responsible for the fee, and your insurance won't cover it, if you leaving against medical advice.

    Anyway, if the ER doc feels you might be in jeopardy, then you get the 302, unless you skedaddle before seeing the Doc.

    If the hospital in question can provide the info necessary, the PSP should be able to remove that 302 from the OP's background check. If the hospital can't provide the info, a lawyer can certainly find out why.

    And again, anyway, like gyms, ERs aren't a place to heave your chest, unless you want to get hurt far worse. There is NO demanding, expecting the treatment you want, as much as being found NOT guilty at your own trial.

    OP, good luck with whatever you decide.
    No, you do not get a 302, even if you are leaving while having a heart attack, A stroke, a missing arm, or any other problem as long as you are mentallycompetent.

    If you’re not mentally competent, from a medical issue (not a mental health issue) then they can treat under implied consent. No 302 is needed.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #62
    Join Date
    Aug 2018
    Location
    NA, Pennsylvania
    (Berks County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!


  3. #63
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Please Note: The poster was issued a warning for this post.

    Quote Originally Posted by edb4164 View Post
    Hi all,

    So I have a question for anyone that is looking to provide input.

    I went to purchase a firearm (have a bunch already and also have a PA CWP) last week and to my complete surprise the PICS check came back denied. I immediately filed a challenge form the next morning and called the State Police a day later. The State Police informed me that there is a Section 302 Involuntary Committal on my mental heal record with them and this is what is denying my 2nd amendment right.

    In July of this year I went to the ER for an non-mental issue and after I wasn't receiving the care I wanted, I decided to try and leave. My wife was with me at the time and made a large production out of me wanting to leave early. I ended up getting into a heated argument with the ER doctor (no threats or anything of the sort). The doctor pulled my wife to the side and said "if you want him to stay here, I have some paperwork you can fill out and he will be ordered by law to stay". Low and behold, my wife filled out the paperwork having no idea it was a section 302 commitment. A few hours went by and a mental health practitioner came in and did a mental health evaluation. After we had seen what the paperwork was for (section 302) my wife rescinded it IMMEDIATELY.

    When a section 302 is filed and then rescinded at the request of the person who filed it, my wife in this instance, the local county psychiatrist/delegate and ALSO the current ER doctor must sign off on it to be rescinded. All was done successfully and I went home a few hours later under the care of my wife.

    Long story short, the State Police have on file that I WAS involuntarily committed, even though I was not. The gentleman I spoke to on the phone did not believe me of course and told me to call the county and the hospital who filed it (he gave me that information after pushing pretty hard). I called these facilities and NONE OF THEM have ANY RECORD on file.

    So, at this point I am at a loss of what to do. I called the PICS Challenge unit again, spoke to the same person about it and explained that none of these organizations have anything on file, whatsoever. He said "wait until the challenge form comes back". However, I believe that simply shows 'why' they declined my application.

    Does anyone have any advice here? The person I spoke to at the PSP Challenge unit said they do investigate matters like this but it can take up to 60 days, which in my opinion, because of INACCURATE records, is simply way too long.

    Any advice, comments or feedback is GREATLY appreciated!

    Thank you!
    You got divorced, right?






  4. #64
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Anyone else think I'm joking?

    The OP doesn't need this crap. This is why so many new users get chanced off. Address his issues regarding what happened, that has nothing to do with the relationship with his wife
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  5. #65
    Join Date
    Aug 2018
    Location
    NA, Pennsylvania
    (Berks County)
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    406
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Doubled Up!




  6. #66
    Join Date
    Feb 2015
    Location
    Montco, Pennsylvania
    (Montgomery County)
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    575
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    The wife was scared and did what she thought was necessary to protect the well being of her husband. Sheesh, I'd expect no less from my wife.

  7. #67
    Join Date
    Mar 2009
    Location
    E-Fray-Tuh, Pennsylvania
    (Lancaster County)
    Posts
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    5406424

    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by streaker69 View Post
    Anyone else think I'm joking?

    The OP doesn't need this crap. This is why so many new users get chanced off. Address his issues regarding what happened, that has nothing to do with the relationship with his wife
    This^^^^ Ribbing for ignoring the overwhelming advise to get the answer he wanted is one thing...... Just glad he is in contact with Phil.
    NRA Endowment Life Member

  8. #68
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by edb4164 View Post
    It didn’t happen if I was never committed. You need to be committed and spend 72 hours minimum. Filed paperwork that was later rescinded doesn’t count for *actually* being involuntarily committed.
    Wake up. You got denied. The paperwork is the involuntary. Don’t listen to me, make it permanent. Lawyer costs money after all. You’d think they’d work for free.
    The Gun is the Badge of a Free Man

  9. #69
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by lager1829 View Post
    This^^^^ Ribbing for ignoring the overwhelming advise to get the answer he wanted is one thing...... Just glad he is in contact with Phil.
    Oh thank god he got a lawyer. Frustrating when they don*t listen to advice for their own good.
    The Gun is the Badge of a Free Man

  10. #70
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by Royinmontco View Post
    The wife was scared and did what she thought was necessary to protect the well being of her husband. Sheesh, I'd expect no less from my wife.
    Would be best to have the talk with your loved ones about the ins and outs of prohibiting events way before the need to know occurred. Rights are not a thing to throw away Willy nilly. Dude wasn*t at the hospital for mental reasons. No need to commit him.
    The Gun is the Badge of a Free Man

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