A 302 is an involuntary emergency psychiatric commitment under Pennsylvania’s Mental Health Procedures Act. It allows a person who poses a danger to themselves or others due to mental illness to be taken to a hospital for evaluation and treatment for up to 120 hours (five days) without their consent. The term comes from Section 302 of the Act, and it’s one of the most commonly referenced involuntary commitment processes in the United States.
How a 302 Gets Started
A 302 requires someone, called a petitioner, to formally request it. Pennsylvania law divides petitioners into two categories. A “Part A” petitioner is any person in the community, such as a family member, friend, or neighbor, who has personally witnessed dangerous behavior or threats that meet the criteria for commitment. Part A petitions must be approved by a designated county mental health official before they move forward.
A “Part B” petitioner is a physician, police officer, or county administrator. These individuals can initiate a 302 without prior authorization from the county mental health office. In practice, this means a police officer responding to a mental health crisis or an emergency room doctor evaluating a patient can authorize a 302 on the spot.
The petitioner must have firsthand knowledge of the person’s dangerous behavior and be willing to appear at a hearing if one becomes necessary. Once authorized, the individual is transported to an emergency room, typically by police or ambulance, for a physician evaluation.
What Happens at the Hospital
At the emergency room, a physician evaluates the person to determine whether they meet the criteria for involuntary psychiatric admission. The core question is whether the individual poses a clear danger to themselves or others because of mental illness. If the physician agrees the criteria are met, the person is admitted to an inpatient psychiatric facility for treatment.
The maximum hold under a 302 is 120 hours. During that time, the treatment team continually reassesses the patient, and the person must be discharged as soon as they are determined to no longer need treatment. If the 120-hour window passes without further action, the patient is released.
What Happens After 120 Hours
Two things can happen before the 120 hours expire. The patient may agree to stay voluntarily, converting to a Section 201 voluntary admission. Alternatively, if clinicians believe the person still poses a danger, the hospital can file for a Section 303 extended involuntary commitment. A 303 involves a formal legal hearing and allows treatment to continue beyond the initial five-day window. Sections 303, 304, and 305 of the Act cover progressively longer periods of court-ordered treatment for individuals who continue to meet commitment criteria.
Voluntary vs. Involuntary Admission
Pennsylvania’s mental health system draws a sharp line between voluntary and involuntary commitment. A Section 201 voluntary admission is available to anyone 14 or older who recognizes they need inpatient help. There’s no hearing, no court involvement, and no information is reported to state police. The person agrees to give 72 hours’ written notice if they want to leave against medical advice, but there’s no fixed time limit on the stay.
A 302 involuntary commitment is fundamentally different. It applies to any age group, requires a petitioner with firsthand knowledge of dangerous behavior, and triggers a formal legal process. The person does not choose to be admitted, and the commitment creates a legal record with significant consequences, particularly around firearm ownership.
Firearm Restrictions After a 302
This is where a 302 carries lasting weight. Under Pennsylvania state law, a person who has been committed under Section 302 is prohibited from owning, possessing, using, or transferring firearms. This is an automatic disqualifier that takes effect upon commitment.
Federal law adds another layer, though its application to 302 holds is more complicated. Federal statute prohibits firearm possession by anyone who has been “committed to a mental institution,” but courts have debated whether a short 302 hold qualifies. In one notable case, a federal court in Pennsylvania found that a 302 lasting less than 24 hours, authorized only by a physician rather than a court or board, did not meet the federal definition of an involuntary commitment. The court stopped short of ruling that a 302 is never a federal disqualifier, leaving the question somewhat case-dependent.
Extended commitments under Sections 303, 304, and 305 are unambiguously disqualifying under both state and federal law. Pennsylvania does provide a legal pathway to restore firearm rights after a 302: under Section 6105(f) of the state firearms code, a person can petition to demonstrate they can possess a firearm without posing a risk to themselves or others.
Why It’s Called a “302” Outside Pennsylvania
Every U.S. state has some form of involuntary psychiatric commitment, but the specific rules, timelines, and terminology vary. Pennsylvania’s “302” has become one of the most widely recognized terms because of the state’s large population and because the number itself is easy to reference in conversation. Other states use different names: California has a “5150” hold (72 hours), Florida has the Baker Act, and Texas uses an “Order for Protective Custody.” The general concept is the same: a legal mechanism to hospitalize someone in a mental health emergency when they cannot or will not seek help voluntarily. The hold duration, who can initiate it, and the legal consequences differ by state. If you’re dealing with an involuntary commitment outside Pennsylvania, your state’s mental health code will have its own section numbers and procedures.