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Discussion Starter · #1 ·
Hi all!! Ten years ago I had a 302 put on me from a single call that my wife made to our family doctor after a non physical argument.I was only in overnight and didn't think that it was ever but on my record untill I was recently denied a purchase

Anyhow my question is if I'm not allowed to purchase a firearm because of the 302 how was I granted a CCP to carry one??

Here in PA the form you fill out for both is all but identical.

Not sure what to make of it, I know I have to get the 302 expunged but how did I pass the CCP and does that mean I carry legally but just can't purchase???? I'm a little confused here!!!!
 

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Hi all!! Ten years ago I had a 302 put on me from a single call that my wife made to our family doctor after a non physical argument.I was only in overnight and didn't think that it was ever but on my record untill I was recently denied a purchase

Anyhow my question is if I'm not allowed to purchase a firearm because of the 302 how was I granted a CCP to carry one??

Here in PA the form you fill out for both is all but identical.

Not sure what to make of it, I know I have to get the 302 expunged but how did I pass the CCP and does that mean I carry legally but just can't purchase???? I'm a little confused here!!!!
That would be a great question to ask the issuing authority, but I probably wouldn't ask it.
 

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Your best course of action is to contact an attorney. Did you answer 'yes' to the question: "Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?"

What was the reason you were denied the purchase?

I found this online regarding a '302':

Involuntary Commitment (aka “a 302”)

An involuntary commitment is an application for emergency evaluation and treatment for persons who are "dangerous" to themselves or others due to a mental illness. Dangerousness is determined based on the following criteria:

Danger to others shall be shown by establishing that within the previous 30 days the person has inflicted or attempted to inflict serious bodily harm on another or has threatened serious bodily harm and has committed acts in furtherance of the threat to commit harm to another. Because this commitment is involuntary it may require the assistance of family, crisis professionals, police, ambulance and any other person involved in the crisis.


An attorney who is expert in this area can help you decide on a course of action including expungement.
 

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Lawyer.
 

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Lawyer......
 

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Discussion Starter · #7 ·
Your best course of action is to contact an attorney. Did you answer 'yes' to the question: "Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?"

What was the reason you were denied the purchase?.
I was denied a purchase because of the 302 but how did I get my CCP

Yes I checked that box on both forms I passed and got my CCP but was denied when I tried to purchase

I know I have to get a lawyer for the 302 just don't know why they are saying I can carry a handgun but can't purchase one??
 

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That link above seems to point in the right direction. About your CC license & the no on the buy, it's 2 different but similar things. I know a guy who has bought guns in the past just fine, recently he was denied for something he did decades ago. He can still own a gun, but currently didn't pass for a purchase. I'd expect more of this going forward.
 

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If they can't ban guns, they'll just try to make it so no one can legally buy one, for whatever reason they decide at the time.
 

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Not picking on you here, Dio, but why get the license before the gun? What did you use for class? That said, I think you have picked possibly the worst possible time to have this problem!:frown: Background checks being almost constantly in the news and the administration whining incessantly about them, having even a MINOR psychological infraction/detainment on your record is going to be a really rough uphill battle.

Not to make light of it but it seems that having a domestic violence charge would be better than that 302 issue you have. Sorry to hear it and I hope it works out for you. Be patient.
 

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Without hearing from the denying authority, there is really no way to know why the discrepancy in the 2 rulings. One possibility though, is the gun purchase can be denied by the Fed's, where the carry permit is a state level thing. It is very possible that if the state could approve the gun sale you would have been fine.
 

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Lawyer...like others have said. However, I do have a friend that had the same issue. Represented himself in front of a judge to explain the situation. Judge granted him his permit. Took less than 20 minutes to get cleared up. Not sure how it works in PA, but it certainly warrants looking into.

Sent from my Galaxy Nexus using Tapatalk 2
 

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Discussion Starter · #14 ·
Not picking on you here, Dio, but why get the license before the gun? What did you use for class? That said, I think you have picked possibly the worst possible time to have this problem!:frown: Background checks being almost constantly in the news and the administration whining incessantly about them, having even a MINOR psychological infraction/detainment on your record is going to be a really rough uphill battle.

Not to make light of it but it seems that having a domestic violence charge would be better than that 302 issue you have. Sorry to hear it and I hope it works out for you. Be patient.
Back when I got the 302 I had a carry permit and a handgun,the permit was never revoked and when it expired I never got it renewed until this past Dec.Over the years I sold the gun and never tried to purchase another one

With all the stuff going on I went in and got the form for the CC and filled it out also checking no on that specific question on the form mentioned above.I also checked the renewal box on the form as well since I already had one years ago.

I got the CCW one week later with no problems,went a about a month after that and tried to make a purchase and got denied.I filled out the appeal form and thats when I found out about the 302.

I can live with the fact that I have to get the 302 expunged but if say a relative gives me a gun as a present can I legally CC since I was approved for the CCW but still denied to purchase a hand gun.It seems like there is a gray area there...
 

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Not sure if I am on your side or the State's. Do not know if I like the idea of a person with a demonstrated problem, even if briefly, walking around with a gun. The last person I talked to who told me that their "problem" was nothing and they are alright ended up in jail when she lost it again. So I have mixed feelings about this. However, if you are entitled to a gun then you would be crazy not to pursue this further. :)
 

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IMHO, the internet isn't a great place to look for answers to questions such as this.....

YMMV
 

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I agree get a lawyer, but there is a letter from the BATFE posted on the gun owners of America that has a definition of involuntary committment which would seem to exclude your circumstance ( short period of observation) The letter seems to state that observation is not considered involuntary committment. You might want to verify that this letter is accurate and review it with your lawyer to find out if it still applies. If you want to view the entire letter go here. BATFE Letter Re: Mental Disqualification - Gun Owners of America


Excerpt:

COMMITTED TO A MENTAL INSTITUTION

This term means a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term also includes a commitment for mental defectiveness or mental illness, and commitments for other reasons such as for drug use. The term does not include a person in a mental institution for observation or any voluntary admission to a mental institution.
 

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I'm leaning towards CJ on this one. BUT
I'm a tad concerned however; if u buy privately knowing u were denied a purchase through normal channels, it might be an issue down the road. You don’t need to show LEO’s if your gun purchase was private or not, ur LTC normally mimics the right to purchase. They only need to c ur LTC. The problem may lay if u need to use your gun………That could be a nightmare…………..Talk to a lawer!
 
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