Pennsylvania Firearm Owners Association
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  1. #1
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    Default Contesting 302 Wrongly Identified?

    Curious to know if there's a process for something like this. We all know that occasionally someone gets denied through pics/nics because someone else with a similar name/dob has a criminal record...seeing as how pretty much anyone convicted of a crime anywhere in the country is fingerprinted, in theory this should be easy enough to clear up by showing your fingerprints don't match.

    But what about things like 302 (or 303 or 304) holds? As far as I know, hospitals don't fingerprint you. What if a guy you went to high school with is down on his luck, the cops or a hospital 302 (or 303 or 304?) him, but he has no id. He's embarrassed and he remembers you from high school and that your birthday was 2 days before his...so he just uses your name and date of birth. Or maybe you lost your wallet last year, a guy goes to the hospital and presents your id so he doesn't have to pay the bill and ends up getting a 302 (or 303 or 304?) hold? Or maybe you just have a common name and someone with the same name and date of birth was legitimately held?

    Is this kind of thing possible? Looking at the SP4-131 form that is sent to the state police, it looks like it could actually happen? The form doesn't even require the hospital to give your ssn number, mostly just name and date of birth? And with no fingerprinting or anything, it seems it would be nearly impossible to prove it wasn't actually you that was committed?

  2. #2
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    Default Re: Contesting 302 Wrongly Identified?

    I though about that myself. Other than if they ask for insurance information, physical descriptors on the medical report, photographing those without ID if they are brought in on a mental health hold. If they are brought in with police you would think the police made attempts to get their identification. Then they would have to give an address but that could be fake too. It could be a real nightmare for someone. Not only would they be denied purchasing gun but if they have handguns they might get a visit from a Trooper confiscating them.

  3. #3
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    Default Re: Contesting 302 Wrongly Identified?

    Most of what you're describing seems to be identity theft rather than mistakes. Still a major problem.
    Know your audience. Don't try to sell a Prius at a Monster Truck Rally.

  4. #4
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    Default Re: Contesting 302 Wrongly Identified?

    Quote Originally Posted by eagleclaw View Post
    I though about that myself. Other than if they ask for insurance information, physical descriptors on the medical report, photographing those without ID if they are brought in on a mental health hold. If they are brought in with police you would think the police made attempts to get their identification. Then they would have to give an address but that could be fake too. It could be a real nightmare for someone. Not only would they be denied purchasing gun but if they have handguns they might get a visit from a Trooper confiscating them.
    Yeah, I'm just curious if there are like safeguards we are over looking. I mean if someone worked as like an armed guard, that kind of thing could literally end their career. But to me the worst part is, unlike with a criminal misidentification/identity theft where you can easily prove it's not you with fingerprints...with this kind of thing since hospitals don't take fingerprints it would be virtually impossible to prove it wasn't really you and to get it fixed.

  5. #5
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    Default Re: Contesting 302 Wrongly Identified?

    Quote Originally Posted by dannyb View Post
    Most of what you're describing seems to be identity theft rather than mistakes. Still a major problem.
    Um, okay, whichever term you prefer to use. To me the biggest problem is unlike identity theft where someone claims to be use when they are convicted of a crime...that type can easily be proved by showing your fingerprints don't match the criminals...with something like this, since hospitals don't take fingerprints it would basically be impossible to prove that you really weren't the patient...as in, it's something that you might never be able to have fixed.

  6. #6
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    Default Re: Contesting 302 Wrongly Identified?

    I can actually answer this. The attorney I used when I did my 302 expungement told me that he had a client who had something similar that OP is describing happen to him. The only way to correct it is to file a petition in court under 18 PA CS 6111.1 (g)(2) and prove that it was not you who was involuntarily committed or that there was a paperwork error.

    Additionally, 18 USC § 925 A provides:

    §925A. Remedy for erroneous denial of firearm
    Any person denied a firearm pursuant to subsection (s) or (t) of section 922*
    (1) due to the provision of erroneous information relating to the person by any State or political
    subdivision thereof, or by the national instant criminal background check system established under
    section 103 of the Brady Handgun Violence Prevention Act; or
    (2) who was not prohibited from receipt of a firearm pursuant to subsection (g) or (n) of section
    922,
    may bring an action against the State or political subdivision responsible for providing the
    erroneous information, or responsible for denying the transfer, or against the United States, as the
    case may be, for an order directing that the erroneous information be corrected or that the transfer be
    approved, as the case may be. In any action under this section, the court, in its discretion, may allow
    the prevailing party a reasonable attorney's fee as part of the costs.

    I hope this answers all your questions

  7. #7
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    Default Re: Contesting 302 Wrongly Identified?

    Hospitals do record various biometric data. Height, blood type, eye color, weight. You might also have work records during the time you were supposedly confined to a hospital.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  8. #8
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    Default Re: Contesting 302 Wrongly Identified?

    Quote Originally Posted by GeneralRaptor2002 View Post
    I can actually answer this. The attorney I used when I did my 302 expungement told me that he had a client who had something similar that OP is describing happen to him. The only way to correct it is to file a petition in court under 18 PA CS 6111.1 (g)(2) and prove that it was not you who was involuntarily committed or that there was a paperwork error.
    Thank you. Out of curiosity, did he happen to mention any details about it? Like was it a difficult case to prove? Did the client eventually get his rights back? Were they able to figure out how it happened?

  9. #9
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    Default Re: Contesting 302 Wrongly Identified?

    Quote Originally Posted by GunLawyer001 View Post
    Hospitals do record various biometric data. Height, blood type, eye color, weight. You might also have work records during the time you were supposedly confined to a hospital.
    I mean yes and no...if we're talking about a common name like John Smith, 99% of them are going to be white males, so that bio data isn't going to help. 95% of them likely fall into the 5'7''-5'11'' range, so height might not be helpful and weight changes over time. I don't think hospitals routinely check for blood type, especially if someone is coming in with only mental health issues, so I don't know if that would be available. That basically leaves only things like eye color or if they list any visible scars or tattoos maybe. Other then that it seems it would be pretty difficult to prove it wasn't actually you?

  10. #10
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    Default Re: Contesting 302 Wrongly Identified?

    OP. Did this happen to you or someone you know? If not this is a strange question to ask for your first post after signing up yesterday.


    And for an answer......I don't think this never happened to anyone. Let me know if I am wrong.

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