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View Full Version : urgent help/advice needed! friend on 5150


eaglemike
08-24-2008, 9:09 PM
A friend of mine with an extensive gun collection took some pills, apparently upset enough to attempt suicide. His wife just called, askingme for help in changing the combination to the safes so he doesn't have access.

The police want to take the safes right now - even though he is still in the hospital and doesn't have access to the guns.

What are the laws and what can we do?

TIA,

Mike

jeffyboy
08-24-2008, 9:13 PM
Is he on a 5150 hold? If so, then it can get compilcated. We have some lawyers on this site that can chime in with right info.

eaglemike
08-24-2008, 9:16 PM
Yes, he is on 5150. I've read many threads about this in the past, but I didn't get a solid feel for what to do in this situation.

Thanks!

Mike

alex00
08-24-2008, 9:22 PM
PM sent

eaglemike
08-24-2008, 10:12 PM
Alex,
Thanks!

Anyone with hard advice on how to handle the P.O. if/when they return? My friend will be in the facility for at least 72 hours from now, I''m sure.

Would a good attorney help?

Thanks!

sorensen440
08-24-2008, 10:48 PM
with all due respect to your friend the firearms should probably be removed from the house at least for a while

eaglemike
08-24-2008, 10:59 PM
with all due respect to your friend the firearms should probably be removed from the house at least for a while
I understand and agree. His wife told me the P/O was quite aggresive, and running his fingers over the safes, saying he would have someone come and get them. Since he's in a facility, I'd think they would have some time to remove them to another place, where he would not have access. My thinking is once the P.O. have them, we'll likely never see one or allof them again. He was wanting to take them right then, delaying his wife from following the ambulance to the hospital. I'm pretty sure he wouldn't have the means to do an accurate inventory.

So - anyone with good advice?

Thanks
(BTW -I've contributed to the foundation a couple of times, just didn't make a big deal of it)

Mike

sorensen440
08-24-2008, 11:13 PM
I understand and agree. His wife told me the P/O was quite aggresive, and running his fingers over the safes, saying he would have someone come and get them. Since he's in a facility, I'd think they would have some time to remove them to another place, where he would not have access. My thinking is once the P.O. have them, we'll likely never see one or allof them again. He was wanting to take them right then, delaying his wife from following the ambulance to the hospital. I'm pretty sure he wouldn't have the means to do an accurate inventory.

So - anyone with good advice?

Thanks
(BTW -I've contributed to the foundation a couple of times, just didn't make a big deal of it)

Mike

have them loaned to you ( up to 30 days I think) and store them at your house

Saigon1965
08-24-2008, 11:14 PM
PM Gene Hoffman and Bill Wiese -

Soldier415
08-24-2008, 11:33 PM
PM Gene Hoffman and Bill Wiese -

Good advice right there.

And until you hear from them, refrain from posting anymore info on open forum.

Roccobro
08-24-2008, 11:35 PM
Get the combo's and get them out of his house. I'm sure his wife will let you "borrow them" for an undisclosed time. The weapons just can't be on his premises. Sorry you can't quote me. :( Just heard this is how one cop had it done when his wife left him and he wanted to kill the "other guy" or himself.

Justin

firecaptdave
08-24-2008, 11:43 PM
He might be SOL for five years. The thing in his favor is from paragraph 6 at the end. He needs a good atty, but like another poster said, he doesn't really need the guns right now.

From the Welfare and Institutions Code:

8103 (f) (1) No person who has been (A) taken into custody as provided
in Section 5150 because that person is a danger to himself, herself,
or to others, (B) assessed within the meaning of Section 5151, and
(C) admitted to a designated facility within the meaning of Sections
5151 and 5152 because that person is a danger to himself, herself, or
others, shall own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
for a period of five years after the person is released from the
facility. A person described in the preceding sentence, however, may
own, possess, control, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any firearm if the superior
court has, pursuant to paragraph (5), found that the People of the
State of California have not met their burden pursuant to paragraph (6).

<snip>

(6) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.

hoffmang
08-24-2008, 11:51 PM
I'm going to answer this as best I can but I defer to the information you will get in the morning.

1. While your friend is not released his wife should not let another officer into her house without a warrant.

2. You need to get her in contact with TMLLP in the morning. The link is down below. Ask for Joe or Jason and explain what's up.

3. The other option is to just go ahead and get an FFL to take the guns into custody.

Bottom line - there is no obligation to let the police take any of the firearms. His wife owns them in community property and she can assert that property right. However, she needs to get them out of the house to an attorney or FFL until the storm has blown over.

-Gene

bwiese
08-25-2008, 12:08 AM
I just saw this and saw Gene's reply, which summarizes nicely.

Having just lost a friend (and fellow Calgunner, Parag) to suicide I'm a bit sensitized to this issue.

eaglemike
08-25-2008, 12:14 AM
My heartfelt thanks to those that contributed here.

all the best,

Mike

Roccobro
08-25-2008, 1:20 AM
Good luck Mike. I'll keep your friend in my prayers tonight.

Justin