In our previous post, May the Court Give What a 302 Hath Taken Away? we discussed how a 302 commitment can impact an individual’s right to have guns. State law specifically provides that  a person who has been involuntarily committed to a mental institution for inpatient care and treatment under Sections 302, 303 or 304 of the Mental Health Procedures Act loses just about every gun right imaginable (they “shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth”).

We also discussed the difficulties in restoration of firearms rights in light of the Keyes case and how that impacted Smerconish. In the past, one could have firearms rights restored follow a 302 commitment, simply by proving that his possession of a firearm would not pose a danger to himself or the community. Post-Keyes, the focus has shifted toward the validity of the commitment itself.

Recently, the Superior Court declared Nancy White Vencil’s  302 commitment invalid. The commitment, having taken place twelve years ago, was not based upon an “actual threat” and there was insufficient evidence to show she posed “a clear and present danger of harm to others or [herself].”

The Superior Court even found that merely saying that you’ve had suicidal thoughts doesn’t amount to an immediate desire to do so.

This is important, because some people lose their firearms rights, just because they’ve said something stupid that they really don’t mean out of frustration inherent in a difficult or temporary situation. Here, the Superior Court recognizes that perhaps that shouldn’t be the case. Remember, a 302 commitment doesn’t require an extensive fact finding process. Yet it may very well have a permanent impact on one’s life. In an age where an invalid commitment can have lifelong effects if not rectified, it is important to hold accountable those who are tasked with this responsibility.

[Hat tip to Attorney Jonathan W. Crisp whose case it was.]

If you have suffered a loss of your firearms rights because of a brief involuntary commitment under section 302, please fill out the form below today to start working to get your rights restored.