302 questions

[Manxdriver]

Hi y*all,

My wife*s stepdad passed away about 8 weeks ago (mid-January) . He owned a few guns, and my MIL wants me to legally help her dispose of them. By *dispose* I mean give them to family members who FIL made promises to regarding who could have what after he passed. I have some 302 related questions. One of the intended recipients probably has a 302 from 20-ish years ago when he had a medical/psychiatric event related to meth. He has been clean ever since rehab x 2 and is now married and a very responsible business owner. If I wasn*t sure he is solidly on the right path, I wouldn*t be asking these questions.
1. 302 , is this State, or Federal ?
2. I need to verify his 302 status, but would prefer to do it without him knowing to avoid embarrassing him. Not sure his wife knows his *history*. Is there a way to find out his status without his knowledge?
3. Does a 302 *gun prohibition* also cover/prohibit owning/possessing a Pellet Rifle (Non-gunpowder *firearm*)?

Bonus non-302 question. There are a few handguns, and a grand-daughter is the recipient of these. Can the MIL transfer these directly to the niece without FFL transfer? Niece is a township Police Officer in a PA town. I can*t ask her any of these questions because she is unaware of the past mistakes of the other family member and that*s would just cause a world of pain and embarrassment.

I*m not looking for any *sideways routes* around this issue, I NEED/WANT total legality and I very much appreciate the help. Some of you know me personally and I*d appreciate very much if you help me keep this as low-vis as possible.
Thanks for the help on this one,
Bob

[Walleye Hunter]

I can't answer the pellet gun question but if he was 302d, he's prohibited. State, federal doesn't matter. If he was convicted for meth, he's prohibited. AFAIK, the guns are now in an estate and can't be given to anyone without going through an FFL. Long guns might be excepted.

[Manxdriver]

There was no charge/ conviction/plea deal, or anything like that. He was taken in for involuntary observation, and it may, or may not have resulted in a 302.
The MIL is the decedant*s wife, and is, I suppose, a mutual owner of the firearms. They were happily married, residing together for 32 years as married couple. I was under the assumption that the wife and husband were considered dual owners of all married properties: houses, vehicles, dishes, toilet paper rolls, etc.

[ROCK-IT3]

For the non-302 bonus question, yes, the Grandmother can give the handgun directly to the Granddaughter without paperwork or FFL involvement.

[Manxdriver]

For the non-302 bonus question, yes, the Grandmother can give the handgun directly to the Granddaughter without paperwork or FFL involvement.

Thank you!
That clears up half of the issue!

[ROCK-IT3]

There was no charge/ conviction/plea deal, or anything like that. He was taken in for involuntary observation, and it may, or may not have resulted in a 302.
The MIL is the decedant*s wife, and is, I suppose, a mutual owner of the firearms. They were happily married, residing together for 32 years as married couple. I was under the assumption that the wife and husband were considered dual owners of all married properties: houses, vehicles, dishes, toilet paper rolls, etc.

The guns are now the Grandmother's, there's no estate until she passes. She can dispose of them as she pleases, within the bounds of legality. That's why people joke "When I'm dead, please don't let my wife sell my guns for what I told her I paid for them".

[Emptymag]

For the non-302 bonus question, yes, the Grandmother can give the handgun directly to the Granddaughter without paperwork or FFL involvement.

Yes. IF both are PA residents and the recipient is not a prohibited person.

I think it sounds like both are in PA, but just putting it out for clarification.


For HANDGUNS

Parent to child - OK
Child to parent - OK
Grandparent to grandchild - OK
Grandchild to grandparent - OK
Sibling to sibling - NOT OK - must use FFL

[Emptymag]

There was no charge/ conviction/plea deal, or anything like that. He was taken in for involuntary observation, and it may, or may not have resulted in a 302.
The MIL is the decedant*s wife, and is, I suppose, a mutual owner of the firearms. They were happily married, residing together for 32 years as married couple. I was under the assumption that the wife and husband were considered dual owners of all married properties: houses, vehicles, dishes, toilet paper rolls, etc.

Regardless of "charges", as far as I know, if you are held Involuntarily, that is a 302.
(a 302 is a 72 hour hold before you are reviewed to determine if you are safe to be released, of "need more time")

If you are asked if you will voluntarily admit yourself - and you agree to it, that's a 201, and is not the prohibitor that a 302 is.

He would need to request his medical records to know for sure how it was filed.

[father-of-five]

1. It's state
2. 302 records get sent to the state police where they get entered and show up on pics. I don't think 302 info is accessible to the public that way, so the family member would have to sign a release to either get their own record to let you see or have the family member sign the release for you to obtain a copy. There should be a copy of the 302 paperwork in the medical record.

Some PA counties try to get patients to be voluntary patients after they have been brought a hospital. If they are voluntary at that point, it is not a 302 commitment.

[Manxdriver]

1. It's state
2. 302 records get sent to the state police where they get entered and show up on pics. I don't think 302 info is accessible to the public that way, so the family member would have to sign a release to either get their own record to let you see or have the family member sign the release for you to obtain a copy. There should be a copy of the 302 paperwork in the medical record.

Some PA counties try to get patients to be voluntary patients after they have been brought a hospital. If they are voluntary at that point, it is not a 302 commitment.

Thank you. I think that clears it up for me. I need to get clarity on what it eventually wound up being, 302 or not 302. Looks like my best shot is to ask the closest family member. Father might actually know, so I*ll have to figure out if there*s a way to ask without looking like I*m angling for a gun or two by defaulting him out of picture. I*m not, but it could look that way. They were his Grandpa*s guns, passed to Mom and her husband, then husband died and Mom wants guns out of the house.
Thanks gents, I really appreciate y*all weighing in to help me figure this one out.