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2009 proposal to amended Act 77 of 1976 the Mental Health Procedures Act

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There is only 24 hours in this beautifulday.

Yes your time is precious.Yes you have things to do.Please take the time to help make a different.

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Together we can help make changes for the better.What can you do right now to make a difference?

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This is a moment of great opportunity.

Help Christine amended Act 77 of 1976 the Mental Health Procedures Act. And together we can change the way the 302 processes is done and help our Peers to move on to the RECOVERY ROAD!! LET Governor Edward G. Rendell's Office know  You would like him to considered Christine’s 2009 proposal to amended Act 77 of 1976 the Mental Health Procedures Act And Amending Title 18 of Crimes code July 9,1976(P.L.817,No.143), known as the Mental Health Procedures Act Titl18 (Crimes and Offenses) Of the Pennsylvania Consolidated Statutes.

 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 Mental Health Procedures Act of 1976 requires all counties to submit to the Pennsylvania State Police the names of all individuals who have been involuntarily committed (302) to inpatient treatment a person under this act will NOT possess, use, manufacture, control, Sell or transfer firearms. One inportion thing was left out. That is to inform the person who was 302 of thier rights and that they have a 302 on their record and what that means to them.

 

The 302 (involuntarily committed) that is intended to save lives and get people the help they need at a time when they are not well has become a road block to recovery. The truth is that people with mental health issues can recover and can be predictive in society. 

The legislature took it upon their selves to step on your civil rights by make a involuntarily committed (302) Person a criminal with out the person even knowing it till it is to late.

E-mail the Governor's Office

Governor Edward G. Rendell's Office
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

Phone: (717) 787-2500
Fax: (717) 772-8284

 

 E mail Senator Joe Scarnati

http://senatorscarnati.com/connect.htm

 

I am proposing that the Mental Health Procedures Act of 1976 be reconsidered. Act 77 amended the Mental Health Procedures Act of 1976 requires all counties to submit to the Pennsylvania State Police the names of all individuals who have been involuntarily committed (302) to inpatient treatment.. One inportion thing was left out. That is to inform the person who was 302 of ther rights and that they have a 302 on their record and what that means to them. The legislature took it upon their selves to step on your civil rights by make a involuntarily committed (302) Person a criminal with out the person even knowing it till it is to late.

 

There is still the sigma and ignorance about people with mental health problems! Most ER doctors will 302 a person with out even giving them a choice to sign them selves in on a 201. Most Doctors don’t even know or realize all that comes with issuing a 302. It is not known that it stays on the person recorder for the rest of their life and that it is a felony if the person has a gun in their position after being 302. 

 

When a person is 302 it is not mention, nor define anything in regards to the gun laws or that you will never again in your life be aloud to have or own a gun. At what point is any 302 individual provided with specific clarification of the gun ownership policy?  Many people who have been involuntary committed on a 302 do not even know that they have a 302 on their record or have no idea of what a 302 means. Most do not even know how to go about finding out if they do have a 302. If you ask most mental health officials they don’t even know or realize all that comes with issuing a 302. It is not known that it stays on the person recorder for the rest of their life and that it is a felony if the person has a gun in their position

Now you take a person who is mentally ill and add felony charges to that now it is a bigger problem for that persons recovery and moving on with their life and even getting a job becomes a bigger optical. Should a person Go to jail for wanting to die??

And if convictive of a Felony

You could go to jail

You will lose your right to vote!  

You can no longer hunt or have a gun at all.

You will have trouble getting a job

Now that you cant get a job and lose your home you will need some help.

Sorry you cannot get housing help or money from the state to help you live if you   have a felony.

 

 A person gets depressed and becomes so ill that they are thinking about taking their own life. Now the person who is so sick to be thinking about take their own life has a gun and just wants to die. PSP State police come to help and feel it is best to bring charges on the person. This person needs help not JAIL not a year in court not a Felony on their record! If the person has a 302 involuntarily committed on their recorder it is a felony if the person has a gun.

 

. 

 Christine’s 2009 proposal to amended Act 77 of 1976 the Mental Health Procedures Act

 

1; the finale 302 documents will come from a licensed psychiatrist who is treating the person in an inpatient behavioral health hospital and the person be informed of thier rights and what a 302 is.

 

2; A person facing a 302 will have the choice to sign in as a 201 before the 302 paperwork is done.

 

3; The 302 will not be official if it was not sent to the Harrisburg office of the state police to be properly filed.

 

4; The  state police must send a register letter informing the person that they can no longer  possess, or use a firearm and understand that it is now a felony to possess a firearm and they have 60 days to sell or transfer their firearms. In this document it will inform them of their rights and how they can appeal this to the courts to get the 302 removed from their record.

 

5; After 60 days The police / sheriff will have 30 days to have  the 302 person come in to their office or go to their residents to get a signer from the 302 person.  Stating that they understand that it is a felony to possess a firearm and that they are no longer aloud to to possess, use, manufacture, control, sell or transfer firearms. In this document it will exsplande their rights and how they can appeal this to the courts to get the 302 removed from their record. The paper must be sent to Harrisburg State police to be put in the person 302 file. If this signed document is not filed with the 302 paperwork with in 90- days the 302 is no longer valid.

 

 6; After 5 years the 302 will come off their record as long as no other 302 events occurred.

Governor Edward G. Rendell's Office
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

Phone: (717) 787-2500
Fax: (717) 772-8284

 

E mail Senator Joe Scarnati

E mail Senator Joe Scarnati

Let Governor Edward G. Rendell's Office know that the Mental Health Procedures Act of 1976 be reconsidered

Help Christine to amended Act 77 of 1976 the Mental Health Procedures Act

Dear Ms. Abrahamson,
 
Thank you for your recent email relating to the Pennsylvania Mental
Health Procedures Act and the right to keep and bear arms. In your
correspondence, you suggested that the Mental Health Procedures Act or
the Uniform Firearms Act be amended in one of two ways.
 
You suggested that a prohibition based on Section 302 of the Mental
Health Procedures Act expire after five (5) years. Alternatively, you
suggest that the State Police provide notification to persons
involuntarily committed under Section 302 of the Act that they
prohibited from possession of firearms and must properly dispose of
firearms and weapons to avoid felony criminal sanctions.
 
Under the current law, a person who has been prohibited from possession
of firearms based on involuntary mental health treatment under Sections
302, 303 or 304, may petition the court of common pleas in the judicial
district where the individual resides to have their firearm rights
restored. The court has the authority to restore firearm rights if the
court “determines that the applicant may possess a firearm without
risk to the applicant or any other person.”
 
Given the broad discretion granted to the courts under existing law, it
is highly unlikely that a proposal to add an automatic five-year limit
on 302 commitments would receive favorable consideration in the
legislature.
 
You might be interested to know that the Uniform Firearms Act was
amended a number of times in the 1990’s to further provide for  the
disposition of firearms in the possession of someone who is prohibited.
One paragraph in particular states “A person who is prohibited from
possessing, using, controlling, selling, transferring or manufacturing a
firearm under paragraph (1) or subsection (b) or (c) shall have a
reasonable period of time, not to exceed 60 days from the date of the
imposition of the disability under this subsection, in which to sell or
transfer that person's firearms to another eligible person who is not a
member of the prohibited person's household.” (See 18 Pa.C.S.
6105(a)(2))
 
In 2004, the Superior Court had an opportunity to review this provision
and held that “the date of the imposition of the disability,” at
least as it relates to criminal offenses, is the date of conviction. To
extend that reasoning to prohibitions from possession of firearms due to
involuntary commitments, it would mean that a person would have 60 days
after being involuntarily committed to dispose of their firearms.
 
You raise a legitimate concern in your email to me: How would the
average person know that a single commitment under Section 302 would
create such a disability in the first place?
 
I have brought this matter to the Chairman of the House Judiciary
Committee and it is my understanding that legislation will be introduced
this session to require the Pennsylvania State Police to notify persons
subjected to involuntary mental health commitments of their disability
under the Pennsylvania Uniform Firearms Act; their right to transfer
their guns to another person (who does not live in the same household)
within 60 days; and their ability to petition the courts for relief.
 
I will watch for this legislation as we move forward and I will
remember your input should this bill come up for a vote.
 
Again, thank you for contacting me about this issue. I hope this
response adequately addresses your concerns. Please do not hesitate to
contact me if you have any questions about this or other matters
relating to state government.
 
Sincerely
Matt Gabler
Member, 75th District
Pennsylvania House of Representatives

LET Governor Edward G. Rendell's Office know  You would like him to considered
Christine’s 2009 proposal to amended Act 77 of 1976 the Mental Health Procedures 
Act And Amending Title 18
                                    of Crimes code July 9, 
1976 (P.L.817,No.143), 
Governor Edward G. Rendell's Office 
225 Main Capitol Building
Harrisburg, Pennsylvania 17120
Phone: (717) 787-2500
Fax: (717) 772-8284
E-mail the Governor's Office

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