Temporary Involuntary Commitments & Your Right to Own, Possess, or Carry Firearms in Pennsylvania – Is it a lifetime ban? 

Mental Health is obviously a serious issue and our law firm has represented people through some difficult times.  While our law firm focuses its practice on representing those arrested and facing criminal allegations, there are situations where we are called to advise families and represent individuals during the Section 302 or 303 processes under Pennsylvania’s Mental Health Procedures Act, Article III- Involuntary Examination and Treatment.

When a person is involuntarily committed, it does prevent them from owning and carry firearms.  This person is thereafter considered a “prohibited person” under federal and state law.  Many have asked us, if this prohibition against the ability carry is a lifetime ban or do they have options when they have regained their mental health? 

What is a Section 302 Commitment? 

When it is alleged that someone you know or a loved one is experiencing a serious behavioral health issue and appears to need immediate inpatient psychiatric treatment, the 302 process can be initiated. A 302 commitment in Pennsylvania is an involuntary commitment for psychiatric placement at an inpatient psychiatric unit.  It is important to keep in mind that a 302 commitment can only be processed in the same County in which the behavior occurred.

What is the criteria for a 302 commitment

To be considered for a 302 commitment a person must meet one of the following criteria within the past thirty (30) days:

• Immediate risk of danger to themselves or others.
• Inability to care for themselves without supervision of another person, for example not taking life sustaining medications, not drinking, or eating.
• Attempted suicide or suicidal threats.
• Self-mutilation with the intent to end one’s life.

Who can file a 302 petition? 

A 302 commitment requires a petition. Petitioners can fall in either a Part A or Part B petition.

After a request is made a person will be assessed by a physician to determine if the 302 will be upheld or discontinued. If it is upheld the patient is mandated to receive inpatient psychiatric treatment and will be admitted involuntarily. A discontinued 302 means the patient does not meet the criteria and inpatient psychiatric treatment is not necessary.

How long is a 302 commitment?    

If a person is admitted under 302, they may not be kept longer than one hundred twenty (120) hours, unless petition 303 is made-extended emergency involuntary treatment. This document would be filed be the hospital under Section 303, 304 and 305.

How will an Involuntary Commitment Affect Your Right to Own, Possess, or Carry Firearms in Pennsylvania

In Pennsylvania (§ 6105. Persons not to possess, use firearms) and under Federal law (The Gun Control Act), any person who has been adjudicated as mentally defective or committed to a mental institution are prohibited from possessing firearms or ammunition. Mental Health Adjudication:

A person is considered “adjudicated as a mental defective” if a court, board, commission, or other lawful authority determines that they are a danger to themselves or others due to mental illness, incompetency, or condition.   This would include commitments under Section 302, 303, 304 and 305! 

Antipsychotic Medication and Gun Ownership

The fact that someone is taking a Antipsychotic medication like Seroquel, which is used to treat mental health conditions, does not automatically disqualify them from owning a firearm.  The most commonly prescribed antipsychotics are:

• Aripiprazole
• Olanzapine
• Quetiapine
• Risperidone

Mandatory Reporting of Mental Health Records

Mental health records are reported to the National Instant Criminal Background Check System (NICS) to help prevent individuals who are prohibited from possessing firearms from obtaining them.   These records would classify the individual as a “prohibited person” under federal and state law. 

Is it a lifetime ban against Gun Ownership?   

The short answer is NO!  If you or a friend are in this situation, you need to speak with your lawyer about filing a motion with the Court of Common Pleas in your county.  At that hearing, your attorney will need to convince the judge that you are now safe to carry and possess a gun. 

This can be done through medical reports and other expert testimony regarding your mental health.  You will also be permitted to testify at these proceedings but medical reports are essential to your success.  These reports should directly address your mental health and the doctor’s finding.  

For more information regarding your gun ownership rights, contact our law firm

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