Open carry/ revocation of LTCF after "302"

[ursavus.elemensis]

(recently acknowledged by a federal court of appeals to be a constitutionally protected right),

Hi PeteG, welcome to the forum. Nice to have you here. Tell me something, was that Federal court of appeals the one that YOUR case would wind up in front of? And, has the SCOTUS affirmed that appeals court's decision, i.e., what makes that appeals court's opinion matter in your area of the country?

If you would advise the "young deputy" of my identity, activities and location, he will be free to come and arrest me and refer me for mental observation . . . after which I will be pleased to afford him, his superiors and his deparment a protracted lesson in constitutional law and federal civil procedure. In the meantime, tell him I think he is both bully and a fool, and he should shut the hell up.

Again, welcome PeteG, and write on...keep posting to the forum because it is nice to know what some lawyers think about these issues of law. But I got to say, that for most of the folks who come here to learn, read, and post, it's probably not a good idea to piss off the issuing authority for one's LTCF. Most of us don't have the legal and financial resources to back up our mouths or our keyboard fingers.

One last point, about the 302 stuff: One of the things I had to do while I was doing the psychiatry rotation for medical school was to go and spend a day at Philly's Mental Health Court. Let me tell you something...no one, not one single solitary person, got let out. Everyone who came before the court got a free stay at the Mental Health Hotel. I was shocked and frankly left there with a heavy heart because there were some folks who probably were not a threat to themselves or anyone else, and they got involuntarily comitted.

[NineseveN]

Hi PeteG, welcome to the forum. Nice to have you here. Tell me something, was that Federal court of appeals the one that YOUR case would wind up in front of? And, has the SCOTUS affirmed that appeals court's decision, i.e., what makes that appeals court's opinion matter in your area of the country?

Not to answer for PeteG, but even if you appear in another circuit, you can use that ruling as precedent to back your case. This really applies because of the strong case made by the majority. A SCOTUS decision would be even more helpful, but without it, the sky isn't gonna fall all by itself.

[Chevmeister]

Not to run this off topic, but if you are 302, then all you have to do is say you voluntary consent to a psyc eval and if you are cleared it all goes away?

[Lycanthrope]

Not to run this off topic, but if you are 302, then all you have to do is say you voluntary consent to a psyc eval and if you are cleared it all goes away?

Well.....kinda.

To pursue either a 302 (involuntary commitment) or a 201 (voluntary) you need to be evalued and be assessed as being a danger to self or others. Either hospitalization can be turned down if the assessment shows you're safe and in control.

So...if you know you're likely to be 302'd you can just voluntarily agree to be commited (201). Once, however, you have been 302'd and are admitted there is no turning back and saying it's voluntary.

[Chevmeister]

would you have time to realize your going to be committed?

[Lycanthrope]

would you have time to realize your going to be committed?

Oh yeah....it's a process. (When I've commited people, it usually takes hours.) If you hear "county delegate" or "mental health delegate", you can count on them trying for the 302. The police just can't do it. They need to contact other professionals for the eval.

[Pa. Patriot]

So, moral of the story is that an LEO can't 302 you. He can recommend you for evaluation, but a mental health "professional" has to submit/approve the 302?
Is this correct?

[Chevmeister]

So, moral of the story is that an LEO can't 302 you. He can recommend you for evaluation, but a mental health "professional" has to submit/approve the 302?
Is this correct?

From the 302 edumacation course i got from lycan, its not easy, an leo can suggest you, but the delegate must send you in then you must be found to be a danger, and they have to fill out tons of paperwork, doesnt happen easy.

[Pa. Patriot]

From the 302 edumacation course i got from lycan, its not easy, an leo can suggest you, but the delegate must send you in then you must be found to be a danger, and they have to fill out tons of paperwork, doesnt happen easy.

That was my understanding too.
So, in the context that this subject comes up in this forum (carrying a firearm) and after we add to that that openly carrying a firearm within the law could never be considered "dangerous".
I take away from this that any LEO that says he can "302 you" for openly carrying a firearm is either a moron or thinks that you are a moron and will believe him.

[Chevmeister]

They need a reason to 302... OC is not good enough. The officer is a moron, its just a scare tactic. Thinking that you would be committed would you be willing to OC?