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USMCM16A2
01-05-2010, 3:11 PM
Guys,


I recently had a relative that was put on a 5150 hold, and did not go to her hearing. Does anyone have any experience with the 5150 prohibition and restoring your 2nd Amendment rights. She was depressed at the time and was put on hold for 3 days, but it did not involve a firearm. All info would be helpful. Thanks, USMCM16A2

GrizzlyGuy
01-05-2010, 3:40 PM
The process is covered in California Welfare and Institutions Code 8103 (f) (http://law.onecle.com/california/welfare/8103.html). If she contacts a lawyer, the lawyer should be able to setup the hearing and provide further advice. The burden of proof is on the DA, so if she is no longer depressed and has sought professional treatment, it should go well for her:

(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.

Ledbetter
01-05-2010, 4:07 PM
In California, she is entitled to the representation of the Public Defender in your County. She should consult them immediately. I am an attorney who represents the OTHER side in these proceedings (the public guardian). There may be a warrant out for her. PM me if you want.

OleCuss
01-05-2010, 4:27 PM
This is mostly a ditto: I knew a guy who was 5150'ed, Lautenberg (sp?) kicked in and he missed his hearing. He was doing well, got a lawyer, got his rights back - and I understand he is now a Purple Heart recipient.