Had a discusson with a police officer today - open carry came up.

**Pa. Patriot** · July 30th, 2007, 06:29 PM

Originally Posted by cz_40p

Which do you think is more likely?

Well, of your two choices only #1 is legally possible so I guess the answer is #1?

**Steve in PA** · July 30th, 2007, 08:44 PM

I really have no idea why or where people came up with the idea that you will be 302'ed for OC.

You can't! End of story.

People really need to stop spreading rumors or bad advice.

**Emptymag** · July 30th, 2007, 11:23 PM

Originally Posted by Steve in PA

I really have no idea why or where people came up with the idea that you will be 302'ed for OC.

You can't! End of story.

People really need to stop spreading rumors or bad advice.

Yes. Did we not just go through this whole 302 crap about a week ago?

Oh, I believe with all my heart that if the police learn that they are in the wrong, they will do whatever they can to make things miserable for you... people who are shown to be wrong often handle it poorly and take it as a personal "attack" and feel the need to puff their chests and such.
But 302 you? No, it's not gonna happen.

**Frenchy** · July 30th, 2007, 11:34 PM

Originally Posted by Emptymag

Yes. Did we not just go through this whole 302 crap about a week ago?

We did, and we will prolly go over it again and again for a few people who just cant seem to get it, then when its all over done and looks like a beat horse, some one will bring it up again...

We just need to get used to it, and maybe get the admin to redirect the posts to where the original posts would have been to attempt to stop people repeating themselves. It could be worst; it could turn into 9mm vs 45 thread. It could also turn into a sticky of facts some where and people could be told they have to read through the Facts sticky section before they post anything.
Sort of like when you sign up for a program or a product online…

I agree to the terms and conditions and have read all the sticky subjects and agree that they have been hashed over often enough that any question or comment I have on it is already been hashed over enough that members would not want me to start it over again…

Mind you that’s just my .02 cents on the subject.

**cz_40p** · July 31st, 2007, 07:46 AM

Originally Posted by Chazman321

Nobody, except a mental health designee, can 302 a person. No police officer or lawyer in the state can 302 you. All they can do is take you to a hospital and say "He was doing this" to the county designee, who must talk to you, and they call the shot from there... I have seen many people walk past the cops who were trying to 302 that person, just smile and wave... If you are not a danger to yourself and others, which includes having a motive or a plan, the cops can't do diddly... lol

Really, here is what you said about this subject in another post:

I've had to 302 one person through work. They resisted and asked me "What do you know, you're so young, nobody will believe anything you say". The county designee walked in, greeted me by name, asked what was wrong, talked to the Pt, looked at me and said "Charlie, he denies saying anything, but I'll take him just on your word", right infront of her. Jaw dropped... I love my county.... lol

So you know the Mental Health Delegate, and they took your word over theirs, But this couldn't happen anywhere else. The police and DA's in your area don't also have pull with the mental health delegates..............................

Look ...what I was implying in my post was: If the police arrest you for open carry and take you in, only to discover that they have erred, they will find some way to save face. They will find something to charge you with. That is just the way it is in Scranton Pa. If your area is different, I wanna go live there.

And 9mm is better than 45 acp, I always carry at the post office and I have a concealed carry badge.

Oh and don't forget my tin foil hat.................................

**Frenchy** · July 31st, 2007, 08:16 AM

I will say it again, If you cooperate with the pd, and when the mention that your mental health is in question you agree to go to the hospital, you can not fall under 302.

What is meant by a "302?"
Section 302 is the part of the Act relating to treatment without consent for observed behavior constituting a clear and present danger to the individual and/or others. The behavior must have occurred in the past 30 days. Under Section 302(a) any responsible party can petition for an involuntary evaluation by stating that an individual may be severely mentally disabled.
What condition may result in an involuntary hospitalization? Being severely mentally disabled and posing a clear a present danger to yourself or to others. This may include actual or attempted substantial self-injury, attempted or inflicted serious bodily harm to another, acting in a manner that indicates that you may not be able to take care of yourself without assistance, or attempting suicide or showing high risk of suicide.

At most this would be a 201

What is meant by a "201?" Section 201 is that part of the Act relating to voluntary consent for a psychiatric examination and treatment. Anyone 14 years of age or older can consent to inpatient treatment. Admission is based on the determination of a psychiatrist that this level of care is needed.

If you force the pd to take you in by force after arresting you, you probably will fall under 302 mainly if you resist the procedure.

As many have said in prior posts, do not resist the police and you will be ok, resisting does not mean only punching the police out, it means not agreeing to a psy eval or not agreeing to going to evaluation.

Seems pretty simple to me, if you refuse then you fall into denial, they can then say involuntary.

The police may have a background in psycology but that does not make him an evaluator, mind you, if they can say to the DR that you where forced to attend, that will go a long way in making the decision for the dr.