imported post
Mike wrote:
Section 302 allows for involuntary examination and treatment, not to exceed 120 hours http://members.aol.com/StatutesP8/50PA7302.htmlbut this is not disabling under the UFA unless the examining physician does certify that institutionalization was necessary per § 6105(c)(4),
Having said that, I find nothing in the news about this event that convinces methe individual presented a "Clear and present danger" to himself or others per http://members.aol.com/StatutesP8/50PA7301.htmlThe question seems to be "Was LEO acting like a 'reasonable person'?" I am trying to locate a link to a related case from Fayette County (556Pa 63, 726 A. 2d 1041 (1999))- I will post it if I find it, or perhaps someone else can provide a little help....
Mike wrote:
Legba wrote:Well, that's what a Section 302 referral does in PA, according to PA law, says the Alleghenny County Sportsmen's League in PA.Cops can't "commit" anyone, even at the DA's behest. Perhaps he's being held for 72-hour evaluation, but that of itself is not sufficient to make him a prohibited person. Even if that's what happened, it seems a rather deliberate effort to misunderstand this guy's remark.
-ljp
Section 302 allows for involuntary examination and treatment, not to exceed 120 hours http://members.aol.com/StatutesP8/50PA7302.htmlbut this is not disabling under the UFA unless the examining physician does certify that institutionalization was necessary per § 6105(c)(4),
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 said that, I find nothing in the news about this event that convinces methe individual presented a "Clear and present danger" to himself or others per http://members.aol.com/StatutesP8/50PA7301.htmlThe question seems to be "Was LEO acting like a 'reasonable person'?" I am trying to locate a link to a related case from Fayette County (556Pa 63, 726 A. 2d 1041 (1999))- I will post it if I find it, or perhaps someone else can provide a little help....