H
hiddenagenda
Guest
What is the name of your state? Pennsylvania
When I was 14 years old I was committed to a mental institution under Section 302 of the Mental Health Procedures Act. I don't want to go into the specifics of my commitment but it was related to behavioral issues within my family more so than personal mental or emotional problems. I am now 21, married with 2 children and am a full-time student in a criminal justice program with aspirations of becoming a law enforcement officer. Unfortunately, I was denied access to a firearm which puts a serious roadblock in the path of my intended career. Furthermore, I don't believe I am a prohibited person from purchasing a firearm under state or federal law.
State Law
Section 6105(c)(4) of the Uniform Firearms Act relating to Persons not to possess, use, manufacture, control, sell or transfer firearms.
A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
Having had access to my Notification of Mental Health Commitment, which is the form that the state police receive to notify them that someone has been committed, I can certify that it is void of a signature by a physician. Wouldn't this void my prohibition from purchasing a firearm? Especially considering it's the same section that prohibits me from purchasing in the first place.
Federal Law
Section 922(d)(4) of the Gun Control Act of 1968
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (4) has been adjudicated as a mental defective or has been committed to any mental institution;
27 CFR Section 478.11 relating to the definition of committed to a mental institution
A FORMAL commitment of a person to a mental institution by a court, board, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes a commitment for mental defectiveness or mental illness. It also includes commitments for other reasons such as drug use. THE TERM DOES NOT INCLUDE A PERSON IN A MENTAL INSTITUTION FOR OBSERVATION or a voluntary admission to a mental institution.
Bureau of Alcohol, Tobacco and Firearms opinion on Section 302
September 4, 1998
Dept. of Treasury
Bureau of Alcohol, Tobacco & Firearms
US Custom House
2nd & Chestnut Streets
Philadelphia PA 19106
Mr. Jon Pushinsky, Esquire
1808 Law & Finance Building
429 Fourth Avenue
Pittsburgh, PA 15219
Dear Mr. Pushinsky:
You had asked if a person who has been involuntarily detained for an emergency mental health examination pursuant to 50 PA Cons STAT Sect 7302 would be prohibited from possessing firearms under 18 USC Sec 922(g)(4). You stated that you believe such a person would not be prohibited. We agree.
Title 18 USC Sec 922(g)(4) makes it unlawful for a person who has been committed to a mental institution to possess a firearm. The term "committed to a mental institution" is defined in 27 CFR Sec 178.11 as follows:
" A FORMAL commitment of a person to a mental institution by a court, board, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes a commitment for mental defectiveness or mental illness. It also includes commitments for other reasons such as drug use. THE TERM DOES NOT INCLUDE A PERSON IN A MENTAL INSTITUTION FOR OBSERVATION or a voluntary admission to a mental institution."
An involuntary detention under Section 302 does NOT constitute a commitment to a mental institution within the meaning of 27 CFR Sec 178.11. Section 302 provides for temporary emergency measures and as such falls short of the "formal commitment" described in Sec 178.11. Although Section 302 provides for the immediate medical
treatment of a person deemed by a physician to require it, the apparent broader purpose of the statute is to enable the authorities to observe the subject and determine their options within a 120 hour period. One option is to make an application for extended involuntary emergency treatment pursuant to 50 PA CONS STAT Section 303.
Unlike a person detained pursuant to Section 302, a person facing extended involuntary treatment (up to 20 days) pursuant to Sec 303 is afforded a variety of due process rights including the right to counsel, notice, and hearing. Pennsylvania also provides for longer periods of commitment pursuant to CONS STAT Sec 304 & 305. These
sections likewise provide a panoply of due process rights for persons who might be subject to them. In the context of these provisions for formal commitments, the distinction between a detention under Sec 302 and a commitment which would meet the definition in CFR 27 Sec 178.11 is clearer still.
GIVEN THE LACK OF DUE PROCESS provisions afforded by 50 PA CONS STAT Sec 302, the limited duration of a detention pursuant to it, the fact that its primary purpose is to provide mental health officials time to observe a detainee and make an assessment, and the existence of more formal commitment procedures under Pennsylvania law, we conclude that a detention under 50 PA CONS STAT Section 302 does NOT constitute a commitment for the purpose of 18 USC Sec 922(g)(4).
If you have additional questions concerning this matter, please do not hesitate to call ATF Attorney Kevin White at (215) 597-7183.
Sincerely Yours,
Lawrence L. Duchnowski
Special Agent in Charge
Does anyone on this forum know more about the issues I've divulged?
When I was 14 years old I was committed to a mental institution under Section 302 of the Mental Health Procedures Act. I don't want to go into the specifics of my commitment but it was related to behavioral issues within my family more so than personal mental or emotional problems. I am now 21, married with 2 children and am a full-time student in a criminal justice program with aspirations of becoming a law enforcement officer. Unfortunately, I was denied access to a firearm which puts a serious roadblock in the path of my intended career. Furthermore, I don't believe I am a prohibited person from purchasing a firearm under state or federal law.
State Law
Section 6105(c)(4) of the Uniform Firearms Act relating to Persons not to possess, use, manufacture, control, sell or transfer firearms.
A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
Having had access to my Notification of Mental Health Commitment, which is the form that the state police receive to notify them that someone has been committed, I can certify that it is void of a signature by a physician. Wouldn't this void my prohibition from purchasing a firearm? Especially considering it's the same section that prohibits me from purchasing in the first place.
Federal Law
Section 922(d)(4) of the Gun Control Act of 1968
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (4) has been adjudicated as a mental defective or has been committed to any mental institution;
27 CFR Section 478.11 relating to the definition of committed to a mental institution
A FORMAL commitment of a person to a mental institution by a court, board, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes a commitment for mental defectiveness or mental illness. It also includes commitments for other reasons such as drug use. THE TERM DOES NOT INCLUDE A PERSON IN A MENTAL INSTITUTION FOR OBSERVATION or a voluntary admission to a mental institution.
Bureau of Alcohol, Tobacco and Firearms opinion on Section 302
September 4, 1998
Dept. of Treasury
Bureau of Alcohol, Tobacco & Firearms
US Custom House
2nd & Chestnut Streets
Philadelphia PA 19106
Mr. Jon Pushinsky, Esquire
1808 Law & Finance Building
429 Fourth Avenue
Pittsburgh, PA 15219
Dear Mr. Pushinsky:
You had asked if a person who has been involuntarily detained for an emergency mental health examination pursuant to 50 PA Cons STAT Sect 7302 would be prohibited from possessing firearms under 18 USC Sec 922(g)(4). You stated that you believe such a person would not be prohibited. We agree.
Title 18 USC Sec 922(g)(4) makes it unlawful for a person who has been committed to a mental institution to possess a firearm. The term "committed to a mental institution" is defined in 27 CFR Sec 178.11 as follows:
" A FORMAL commitment of a person to a mental institution by a court, board, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes a commitment for mental defectiveness or mental illness. It also includes commitments for other reasons such as drug use. THE TERM DOES NOT INCLUDE A PERSON IN A MENTAL INSTITUTION FOR OBSERVATION or a voluntary admission to a mental institution."
An involuntary detention under Section 302 does NOT constitute a commitment to a mental institution within the meaning of 27 CFR Sec 178.11. Section 302 provides for temporary emergency measures and as such falls short of the "formal commitment" described in Sec 178.11. Although Section 302 provides for the immediate medical
treatment of a person deemed by a physician to require it, the apparent broader purpose of the statute is to enable the authorities to observe the subject and determine their options within a 120 hour period. One option is to make an application for extended involuntary emergency treatment pursuant to 50 PA CONS STAT Section 303.
Unlike a person detained pursuant to Section 302, a person facing extended involuntary treatment (up to 20 days) pursuant to Sec 303 is afforded a variety of due process rights including the right to counsel, notice, and hearing. Pennsylvania also provides for longer periods of commitment pursuant to CONS STAT Sec 304 & 305. These
sections likewise provide a panoply of due process rights for persons who might be subject to them. In the context of these provisions for formal commitments, the distinction between a detention under Sec 302 and a commitment which would meet the definition in CFR 27 Sec 178.11 is clearer still.
GIVEN THE LACK OF DUE PROCESS provisions afforded by 50 PA CONS STAT Sec 302, the limited duration of a detention pursuant to it, the fact that its primary purpose is to provide mental health officials time to observe a detainee and make an assessment, and the existence of more formal commitment procedures under Pennsylvania law, we conclude that a detention under 50 PA CONS STAT Section 302 does NOT constitute a commitment for the purpose of 18 USC Sec 922(g)(4).
If you have additional questions concerning this matter, please do not hesitate to call ATF Attorney Kevin White at (215) 597-7183.
Sincerely Yours,
Lawrence L. Duchnowski
Special Agent in Charge
Does anyone on this forum know more about the issues I've divulged?