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View Full Version : Been to psych ward a while ago, can I still buy a rifle for protection after 3 years?


Jonny
07-12-2009, 9:53 PM
I'm 20 and want to buy a rifle for home protection and shooting with my buddies.
I've been to a psych ward 3 years ago for 3 days and I have ADHD.
Can I still buy a gun?
I'd just want to hear honest answers.

Jonny
07-12-2009, 9:59 PM
Is there a process or something someone can point me to?

M198
07-12-2009, 10:01 PM
Nope. Must be 5 years after the 5150 before you can buy a firearm. See below.

5150 Holds & Firearms Eligibility in California

Eligibility Prohibitions

As part of the firearms eligibility requirements and background check criteria in California, persons who have been detained and declared a danger to themselves or others pursuant to various Welfare and Institutions Code Sections ( 5150, 5151, 5152, 5250, 5260, 5270, 5270.15) are not eligible to have a firearms for specified periods of time, based on the severity of the threat posed by the person’s mental health condition.

The Welfare and Institutions Code Sections are based upon the immediacy of the threat to the patient and the threat to others posed by the patient. A detainment under a lesser section, such as 5150 would result in a five year prohibition. However a more severe detainment under 5250 of the federal statute would result in a lifetime prohibition from possessing firearms.

A prohibition restarts with every subsequent detainment; thus, a person who is in the fourth year of their five year prohibition who is detained again, and again found to be a danger, will have their five year prohibition restarted at the time of the second detainment.

Section 5150 is unique to California, providing a tougher standard than the federal statute and in other states, such as Virginia, home to the recent shooting on the campus of Virginia Tech, which does not have a 5150-esque statute and relies on the federal law.

Facility Procedure

Once a facility has determined a patient to be a danger pursuant to one of the Welfare and Institutions Code Sections listed above, the facility must immediately, prior to the patient’s discharge, submit a Mental Health Facilities Report of Firearms Prohibition form to the California Department of Justice.

The Department of Justice places the patient in its database, which is subsequently used for background checks, including those that are processed for firearms eligibility.

Link here. (http://74.125.155.132/search?q=cache:TrsheEg0X0MJ:www.vacep.org/documents/5150HoldsandFirearmsEligibilityinCalifornia.doc+ca lifornia+5150+firearm&cd=2&hl=en&ct=clnk&gl=us&client=firefox-a)

Geo
07-12-2009, 10:03 PM
Does ADHD effect your impulse control and decision making skills?

I'd just want to hear honest answers.

Blue
07-12-2009, 10:05 PM
Depends on if you were actually 5150 or just held for evaluation from what Ive heard.

ke6guj
07-12-2009, 10:08 PM
refer to the 5150 info above, and read the instructions on the 4473 you would fill out, specifically the instruction for 11f., http://www.atf.gov/press/2008press/100308f4473_pt1_aug2008-sample-rev.pdf

Exiledviking
07-12-2009, 10:11 PM
CA DOJ Personal Firearms Eligibility Check application

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

Jonny
07-12-2009, 10:16 PM
I've been in the psych ward because one of my ex-friends thought I was suicidal from smoking marijuana, which I don't use anymore.
Do I have to fill out a form after the 5 years?

Geo
07-12-2009, 10:23 PM
Yeah, you need to fill out a 4417 for the rest of your life, just like people that haven't been 5150'd for being a suicidal pothead.

M198
07-12-2009, 10:26 PM
I've been in the psych ward because one of my ex-friends thought I was suicidal from smoking marijuana, which I don't use anymore.
Do I have to fill out a form after the 5 years?

Sounds like a 5150 to me.

WokMaster1
07-12-2009, 10:27 PM
Check 11 e on the 4473 form. You just admitted to it.

Jonny
07-12-2009, 10:34 PM
Alright, thanks...2 more years to go.

gunsmith
07-12-2009, 10:37 PM
don't let negative people get you down, the right to keep and bear arms
is a God given right that is currently being interfered with by evil politicritters
( who never have to take the same drug test they make everyone else take )

Its your God given right to own a rifle for protection.

RolinThundr
07-12-2009, 10:49 PM
CA DOJ Personal Firearms Eligibility Check application

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

You can use the above link, follow the directions, and see if you are eligible now. If not, you can submit the form again in a couple of years and re-check your eligibility.

leitung
07-13-2009, 12:09 AM
+1 to the check, send in the form and see, you may also be prohibited if you still use pot, even a small amount every once and a while will prohibit you as far as I know, so stay away from it totally if you want to own a gun.

MP301
07-13-2009, 3:05 AM
Well, 11 e asks if you are an unlawful user of or addicted to pot or any other yada yada...

Are you? I just read that you said that you quit...which would also mean that you are not addicted. I think for anyone to prove otherwise would require a conviction related to it....im thinking that just about every gun owner on the planet has at least tried pot or something, yet they are legal

11 f says... the first part says you have to be adjudicated etc...but the second part asks if have been committed to a mental institution...which appears that you have... read the instructions on the form for 11f and see if it disqualifies you...

By the way...just what kind of pot makes a person suicidal? All the pot smokers i knew when i was younger were just unmotivated slugs with the munchies!

savageevo
07-13-2009, 9:00 AM
Even though you have to wait two years to apply, be a active member here. educate yourself as much as you can so when the time comes you don't have to start from scatch or catch up.

xrMike
07-13-2009, 10:20 AM
don't let negative people get you down, the right to keep and bear arms is a God given right...

Its your God given right to own a rifle for protection.Only if you're not a convicted felon. Or guilty of certain misdemeanors. And not crazy. And not addicted to drugs.

I'd like to think that God approves of those limitations also.

POLICESTATE
07-13-2009, 10:41 AM
My 2 cents on committal, there is a difference between going in for a suicide watch and getting committed for an indefinite period of time, or long period of time for treatment of a mental illness or some such.

Just because some jerk dropped a dime on you because you were feeling suicidal shouldn't disqualify you but like the others say, do the check and you'll find out for sure.

Of course if a judge ever labels you as mentally disturbed that will disqualify you as well, even if you are not committed.

On another note, I don't understand why everyone gets all twitchy when they hear someone say they were contemplating suicide, I think everyone at times thinks "what if I..." but just leave it at that.

Another thing, stay away from pot if you are going to own guns and learn to be careful about what you say around people.

Glock22Fan
07-13-2009, 10:47 AM
Is there a process or something someone can point me to?

Welcome to the board. May I note that there is an "Edit" button on posts that you make (if you are logged in). Your second post could have been added to your first post, thus reducing the posts in the thread, without losing anything. Two posts in a row, while not the end of the road, is not as preferable as an edited post containing all the data.

Shane916
07-13-2009, 10:58 AM
Only if you're not a convicted felon. Or guilty of certain misdemeanors. And not crazy. And not addicted to drugs.

I'd like to think that God approves of those limitations also.

I concur.