INVOLUNTARY MENTAL HEALTH COMMITMENTS

A PERSON WHO WHO IS INVOLUNTARILY COMMITTED HAS A FUNDAMENTAL RIGHT TO AN ATTORNEY WHILE COMMITTED

*

INVOLUNTARY MENTAL HEALTH COMMITMENT CRITERIA

A 302 Warrant authorizes a person to be taken to a hospital, with or without consent, for an involuntary emergency mental health evaluation. The doctor must perform the evaluation within two hours of the 302 Warrant being issued. If the examining doctor determines the person is a clear and present danger to themselves or others, the hospital may hold the person for 120 hours or less if the doctor determines the patient is no longer in need of treatment. A person can be involuntarily committed if, within the past 30 days:

1.     The person has inflicted or attempted to inflict serious bodily harm on another and a reasonable probability (more than possibility) that it will be repeated.

2.     The person has made threats to harm another and committed an act in furtherance of the threat (such as planning or related googling).

3.     The person is unable to provide for self-protection and safety/health without care and a reasonable probability (more than possibly) of death, serious bodily injury or serious physical debilitation without treatment.

4.     The person has attempted suicide/serious mutilation and a reasonable probability (more than possibility) of another attempt without treatment.

5.     The person has made threats the commit suicide/mutilation and took act in furtherance of the threat (ex. Planning/related internet searches).

FIREARM RIGHTS AFTER AN INVOLUNTARY COMMITMENT

Firearm Disability: A qualifying involuntary commitment under Section 302 of Pennsylvania's Mental Health Procedures Act generally creates a firearm disability under Pennsylvania law, meaning the person may not legally possess, purchase, or control firearms. 

Criminal Penalties: A person who possesses a firearm despite that prohibition, or who knowingly provides false information on a firearm purchase or licensing application, may face criminal penalties. 

Firearm Rights Restoration: Firearm rights may potentially be restored through:

1.     Expungement of the 302 record if a court determines the evidence supporting the commitment was insufficient, there was a due process violation, or the commitment was otherwise invalid. 

2.     A petition for relief from the firearms disability, where the court determines the person may possess a firearm without posing a risk to themselves or others. Pennsylvania provides a procedure for such relief. 

One important nuance: Restoration of firearm rights and expungement are not necessarily the same thing. A person may obtain restoration of firearm rights without having the underlying 302 record expunged.

NOTHING ON THIS WEBSITE IS LEGAL ADVICE. FOR LEGAL ADVICE, CONTACT AN ATTORNEY.