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Thread: 302 vs 2nd amendment
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August 15th, 2021, 09:53 PM #1Member
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302 vs 2nd amendment
Can anyone give any insight as to how prohibition of owning firearms can be applied in PA as a result of a 302 commitment given that the whole concept of due process is ignored?
How is due process seen as “optional” in this circumstance?
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August 16th, 2021, 10:22 AM #2
Re: 302 vs 2nd amendment
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August 16th, 2021, 12:42 PM #3
Re: 302 vs 2nd amendment
The short version is a 302 is not federally prohibiting, as it doesn*t meet the legal standards required. You*ll have to spend money on a good lawyer, but it has been successfully argued in court multiple times.
The state still considers it prohibiting, and I am unsure if there are any cases where a properly filled 302 has been overturned to restore rights inside the commonwealth."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
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August 16th, 2021, 04:03 PM #4Member
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Re: 302 vs 2nd amendment
“Because Pennsylvania’s post-deprivation procedures provide Section 302 committees with adequate due process, regardless of whether the Does have a protected liberty interest, we need not decide in this case whether they retain a Second Amendment right to possess firearms.“
Yeah that’s what I’ve come up with in nutshell.
“It’s not unconstitutional because you can have due process to *get them back*”
😂 that’s not how due process works. That’s not how any of this works 😂
Goes to show that with the right amount of mental gymnastics, the government can violate every right you have…
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August 16th, 2021, 04:14 PM #5
Re: 302 vs 2nd amendment
After years and years of State officials and their agents being perpetrators of horrible abuses including but not limited to medical and psychological experiments in the mental health systems at places like Byberry, Pennhurst, Embreeville and many others how does the State still have any credibility in determining whether someone should be admitted to one of their poorly managed and abusive facilities?
Corruption is the default behavior of government officials. JPC
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