Pennsylvania Firearm Owners Association
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  1. #1
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    (Lackawanna County)
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    Exclamation PA PICS Denial and Challenge Question - Wait until you hear this one!

    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 After we had seen what the paperwork was for (section 302) my wife rescinded it IMMEDIATELY.

    When a section 302 is filed and then rescinded at the request of the person who filed it, my wife in this instance, the local county psychiatrist/delegate and ALSO the current ER doctor must sign off on it to be rescinded.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!

  2. #2
    Join Date
    Feb 2015
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    Montco, Pennsylvania
    (Montgomery County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    There can only be one answer: Lawyer, right now.

  3. #3
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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
    There can only be one answer: Lawyer, right now.
    You really think I need a lawyer at this point? You don't think I can sort this out on my own by proving the 302 never happened? An attorney will cost around $2,000 from what I hear!

  4. #4
    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!

    Quote Originally Posted by edb4164 View Post
    You really think I need a lawyer at this point? You don't think I can sort this out on my own by proving the 302 never happened? An attorney will cost around $2,000 from what I hear!
    No, you need a lawyer.
    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. #5
    Join Date
    Apr 2009
    Location
    Upper Bucks, Pennsylvania
    (Bucks County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    No other answer. Get a lawyer. Get a lawyer first thing Monday morning.

  6. #6
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery 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
    You really think I need a lawyer at this point? You don't think I can sort this out on my own by proving the 302 never happened? An attorney will cost around $2,000 from what I hear!
    I think the concern is something gets screwed up worse without a lawyer knowledgeable in the area guiding you. It's an insurance policy of sorts. I wish you luck!

  7. #7
    Join Date
    Dec 2012
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Your wife didn't notice she was signing 302 papers the first time ?

  8. #8
    Join Date
    Feb 2015
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    Montco, Pennsylvania
    (Montgomery County)
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by Carson View Post
    Your wife didn't notice she was signing 302 papers the first time ?
    You think we are the norm when it comes to knowledge of what a 302 means? I've only met one other person "in real life" that actually understood the ramifications of a 302, and he was the husband of a Psychologist.

  9. #9
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    Scranton, Pennsylvania
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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
    You think we are the norm when it comes to knowledge of what a 302 means? I've only met one other person "in real life" that actually understood the ramifications of a 302, and he was the husband of a Psychologist.
    No, I donít expect folks here to understand the exact ramifications of a 302, even though itís quite clear on the states legal documentation.

    Simply looking for advice in regards to the matter.

  10. #10
    Join Date
    Sep 2020
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    Scranton, Pennsylvania
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    Default Re: PA PICS Denial and Challenge Question - Wait until you hear this one!

    Quote Originally Posted by Carson View Post
    Your wife didn't notice she was signing 302 papers the first time ?
    Unfortunately, no, she did not. She was in a panic I suppose.

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