Section 302

[JK2]

Hello,

I am new to this site and don't know if this has alllready been discussed or if anyone could/would want to tell me but I have a big problem and need help.

My story is as follows: A few months back I went to my brother's to clean my Ruger P345. We had a few too many and got into a shouting match. He decided that he wanted to call the local LE and have me 302'd because of somethings that were said/done during our argument.

Well, the doctors at the hospital held me over the weekend for observation and released me without having to go before a judge (they had me sign a paper saying that I was a 201). The doctors did say that I had to go for substance abuse screening which I did and was found to have no issue there either.

Now I want to get my pistol and ccw permit back but am getting the run around. I was told by an LE neighbor that I have to petition the court to have this done so i went and got a number for the Clerk of Courts. I called them and was transferred several times when finally I left a voicemail for one of the ADA's.

He called me back and told me to file a formal petition through the court for return of property but couldn't give me ny info re: the concealled carry permit, said I should seek legal counsel. Does anyone know of a good attorney in the lower bucks county area? Has anyone ever had a similar experience?

[jtwalker]

Would you explain 302 and 201 for those of that haven't been arrested recently ?

I'd suggest you contact an attorney if you really think you stand a chance of getting your ltcf and weapon back.

[knight0334]

Would you explain 302 and 201 for those of that haven't been arrested recently ?

I'd suggest you contact an attorney if you really think you stand a chance of getting your ltcf and weapon back.

They are sections of law for medical commitments.

[gbrown221]

"My story is as follows: A few months back I went to my brother's to clean my Ruger P345. We had a few too many and got into a shouting match. He decided that he wanted to call the local LE and have me 302'd because of somethings that were said/done during our argument." (OP's words not mine)





If memory serves me 302 is a involuntary commitiment and a doctors signs off on the involuntary commitments in PA. 201 is voluntary commitment in PA.

if you are drinking while handling and cleaning a firearm then perphaps your character is such that you could potentially be a danger. such a character flaw is grounds for not issuing an LTCF in PA.

[knight0334]

"My story is as follows: A few months back I went to my brother's to clean my Ruger P345. We had a few too many and got into a shouting match. He decided that he wanted to call the local LE and have me 302'd because of somethings that were said/done during our argument." (OP's words not mine)


If memory serves me 302 is a voluntary commitiment. 201 is involuntary and a doctors signs off on the involuntary commitments in PA.

if you are drinking while handling and cleaning a firearm then perphaps your character is such that you could potentially be a danger. such a character flaw is grounds for not issuing an LTCF in PA.

201's are voluntary and 302's are involuntary. Involuntary commitments are the ones you have to be careful with in regards to your rights.

[fingers80002]

Hello,

I am new to this site and don't know if this has alllready been discussed or if anyone could/would want to tell me but I have a big problem and need help.

My story is as follows: A few months back I went to my brother's to clean my Ruger P345. We had a few too many and got into a shouting match. He decided that he wanted to call the local LE and have me 302'd because of somethings that were said/done during our argument.

Well, the doctors at the hospital held me over the weekend for observation and released me without having to go before a judge (they had me sign a paper saying that I was a 201). The doctors did say that I had to go for substance abuse screening which I did and was found to have no issue there either.

Now I want to get my pistol and ccw permit back but am getting the run around. I was told by an LE neighbor that I have to petition the court to have this done so i went and got a number for the Clerk of Courts. I called them and was transferred several times when finally I left a voicemail for one of the ADA's.

He called me back and told me to file a formal petition through the court for return of property but couldn't give me ny info re: the concealled carry permit, said I should seek legal counsel. Does anyone know of a good attorney in the lower bucks county area? Has anyone ever had a similar experience?

See the bolded...

That is the wrong thing to do, take a LEO's word for what you need to do.
Ask an attny..

[GunLawyer001]

Sections 302/303/304 are the 3 different lengths of involuntary commitment for a mental health checkup.

Sounds like 3 different issues:

First is whether you're prohibited from firearm ownership because of the hospital stay; if you are, then everything else is moot (they can't return your gun if you can't possess guns), you'd have to either get a restoration or attack the initial commitment as unfounded.

Second issue is return of property, the firearm. If you're not prohibited, that's fairly straightforward if you have a lawyer. There's an interesting provision for an award of attorney fees in the UFA if they keep your gun without cause.

Third is the LTCF, that's not really your property, unless it's the local PD that's keeping it, not the Sheriff. Appeals of revocations begin with the letter the Sheriff sends you saying that it's revoked.

This is the kind of problem that I handle, there are multiple connected issues here to be unraveled. But it's not particularly cheap.

[Ten*K]

201's are voluntary and 302's are involuntary. Involuntary commitments are the ones you have to be careful with in regards to your rights.

it is also extremely difficult to declare a person a 302, unless the patient is extremely disturbed. the initial physician and psych exam reduce the majority of emergency psych cases to the lowest possible levels... the days of the men in white suites coming to take you away because you are a little upset are long over. MD's also treat most issues as a secondary symptom of a medical problem... usually admitting the person for a few days to run tests.

you'd be surprised by the number of folks that go crazy/delusional from a urinary tract infection... the culture and sensitivity of a urine specimen (and several other lab tests) usually takes 2 to 3 days... during which time they will strongly advise you to stay.

You should definitely know if you were involuntarily committed. Ask the hospital for your medical records.

[God's Country]

Let’s start here.

So was your LTCF revoked?
If so, by law the sheriff must inform you by certified mail the reason for your revocation.
If your LTCF was revoked I believe you only have about 30days afterward to file an appeal. After that you need to wait one yr before applying again.

If the pd just claimed your property IMO your LTCF is still valid. Call the pd and demand (in a calm sober manner) your property back. And after that fails, which it more than likely will, consult a qualified lawyer and let them deal with it.

In the future don’t consume alcohol around firearms if your too immature to be responsible.

[schmol]

Honestly, I would punch my brother in the face for getting me into this in the first place...do it while sober. I also think that would be the last time I speak with him for a very long time.