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View Full Version : 5150 DOJ denial of eligibility


cta777
06-21-2010, 2:19 PM
a couple of years ago i got a 5150 because an ex girlfirend called police because of something i said while enibriated was misunderstood. they came to my house while i was not at home and took all of my guns. they found me on the street in my neighborhood and took me to a county facility. i spent less than 24 hours there and was released.

i went to court and was denied by the judge, appealed with an attorney and was denied again. i have sent my DOJ form to apply for release and was denied, of course. it may be too late to do anything at this point because enough time has passed for me to get the release form from San Diego Police to send to DOJ. my firearms are in danger of being destroyed or, if i can, get them sold through an approved dealer.

do i have any recourse at all to get this reversed? or is it too late and is there nothing i can do? any help would be greatly appreciated.

GM4spd
06-21-2010, 2:33 PM
I feel for you,I am no attorney but these BS "domestic" issues have really
gotten so far out of hand ie. "the punishment fitting the crime" where a LOT
of guys have been slammed by this sort of thing. There is a lot of expertise
here with some board members. Hopefully, you can get some guidance that
can help. Good luck. Pete

ke6guj
06-21-2010, 2:44 PM
might be a good idea to contact http://www.michelandassociates.com/ or http://www.calgunlawyers.com/Davis_&_Associates/Home.html

45DAVID1
06-21-2010, 2:56 PM
There has got to be details missing to your story. I've never heard of a 24 hour 5150 hold. 5150's are a minimum of 72 hours. I think you are either leaving out details or making up some of the details. So, what really happened?

SVT-40
06-21-2010, 2:59 PM
If this happened "A couple of years ago" your firearms have in all likelyhood already been destroyed.

apparently you made some statements about either harming yourself or someone else which led to you being commited per 5150WIC. The 5150 WIC commitment resulted in at least a five year firearms prohibition.

At the time of the incident you may have been able to have the firearms released to a FFL dealer, But years later I'm sure they have been destroyed.

This is not a "domestic violence" issue but a mental health issue.

-R-
06-21-2010, 3:09 PM
There has got to be details missing to your story. I've never heard of a 24 hour 5150 hold. 5150's are a minimum of 72 hours. I think you are either leaving out details or making up some of the details. So, what really happened?

People are released early all the time from 72 hour holds.

http://law.justia.com/california/codes/wic/5150-5157.html


The person shall be released before 72 hours have elapsed only if the psychiatrist
directly responsible for the person's treatment believes, as a result
of the psychiatrist's personal observations, that the person no
longer requires evaluation or treatment.

CSDGuy
06-21-2010, 3:35 PM
People are often released "early" from a 72 hour hold, sometimes in less than 8 hours...

stix213
06-21-2010, 4:01 PM
I don't think its possible to get a 5150 72 hour involuntary psychiatric hold because of a single innocent but misunderstood statement. There is some lead up in this story that is obviously been left out, and is probably the most important part.

Trendkill
06-21-2010, 4:07 PM
I think SVT-40 hit the nail on the head.

Wait your time.......and get new stuff. And for god sakes dont get yourself in a situation like that again.

gbp
06-21-2010, 4:22 PM
Do not air your laundry here
talk to an attorney, AND above all else tell them the TRUTH
Do Not take anything said here as truth or a recomendation.

crackerman
06-21-2010, 4:31 PM
Stix for what is worth I have a friend that got 5150ed because when her husband left her she told the cops "I have nothing left to live for I am just going to go kill myself". If the threat is credible you go. Drunk babble of I wish I was dead from bad hangover probably not a ride.

Dependin how and what the op said it could very well be that free state ride even for just a few hours.

Btw friend was out in less than a day

762cavalier
06-21-2010, 4:36 PM
Do not air your laundry here
talk to an attorney, AND above all else tell them the TRUTH
Do Not take anything said here as truth or a recomendation.

Well, except the part about talking to an attorney. That is a recommendation you should follow.;)

cta777
06-21-2010, 9:09 PM
the guns are still in possession of the SDPD. they held everything as they are legally required while my appeals etc were in effect. they have not been destroyed, as of yet. i can still get them to a dealer. it was a 5150 hold. 5150 is anything less than 72 hours, as i understand. i was released less than 12 hrs later.

i'm just trying to find out what i can do if anything.

thanks for your input to those of you honestly trying to offer advice.
thanks for your "help" to the rest of you. keep it to yourself next time if you don't want to help out.
btw, 'gpb' the word is lose not loose.

thayne
06-21-2010, 9:14 PM
is a 5150 an automatic 5 year prohibition? I thought there had to be a hearing and a judge specifically deny RTKBA?

cta has it been 5 years?

cta777
06-21-2010, 9:31 PM
it has not been 5 yrs. it happened in november of 2008. i had a hearing. and an appeal to that hearing. it's not automatic i don't think. a judge can rule in my favor but did not.

HokeySon
06-21-2010, 9:49 PM
the guns are still in possession of the SDPD. they held everything as they are legally required while my appeals etc were in effect. they have not been destroyed, as of yet. i can still get them to a dealer. it was a 5150 hold. 5150 is anything less than 72 hours, as i understand. i was released less than 12 hrs later.

i'm just trying to find out what i can do if anything.

thanks for your input to those of you honestly trying to offer advice.
thanks for your "help" to the rest of you. keep it to yourself next time if you don't want to help out.
btw, 'gpb' the word is lose not loose.

according to your first post, you have already got an attorney. Are you looking for a second opinion or do you think that he is not doing his/her job? If so, contact CGF or run a google search for gun right lawyers in California.

cta777
06-21-2010, 9:57 PM
it was an attorney appointed to me by the court. this site was recommended to me by a friend to look for legal help in this situation. i will go through the links that some of the helpful people here given me and see if i have any recourse.

HokeySon
06-21-2010, 10:07 PM
it was an attorney appointed to me by the court. this site was recommended to me by a friend to look for legal help in this situation. i will go through the links that some of the helpful people here given me and see if i have any recourse.

My post was serious. Although you apparently took it as less than helpful, you should do exactly what I suggested. You can contact CGF and see if they can help you; there is a link to do so on in a thread at the top of this forum. If you run the google search I suggested, you will no doubt come up with calgunlaws.com and calgunlawyers.com. The attorneys listed at each of those sites, and others who show up in such a search, could likely help you.

The bottom line is that you are really asking for legal advice for your specific situation. An internet message board is unlikely to give you the information that you need. You NEED a lawyer to advise you.

Good luck.

shellyzsweet
06-21-2010, 10:13 PM
U might want to approach it from the perspective of the 5150 being invalidated due to your alcohol consumption. Lots of people end up on holds when intoxicated, and once they sober up they get released. I don't know about san diego but usually psych patients also have to get medically cleared at an e.r. Before going to county psych, and that means a pee test which would prove u were intoxicated...might be worth looking into....but then again it might have been and being as a judge did not rule favorably in your case it suggests to me some other details are being intentionally left out for what could be numerous reasons....in such case I advise u to consult an attorney.

For the rest of u....yeah, 5150's happen all the time, and I've run so many calls of b.s. 5150's its not even funny! Its REALLY easy for people to get put on holds! Cops will err on the side of caution and write the hold "just in case" and once its written....the process doesn't stop till a shrink evaluates u.

cta777
06-22-2010, 6:15 AM
My post was serious. Although you apparently took it as less than helpful, you should do exactly what I suggested. You can contact CGF and see if they can help you; there is a link to do so on in a thread at the top of this forum. If you run the google search I suggested, you will no doubt come up with calgunlaws.com and calgunlawyers.com. The attorneys listed at each of those sites, and others who show up in such a search, could likely help you.

The bottom line is that you are really asking for legal advice for your specific situation. An internet message board is unlikely to give you the information that you need. You NEED a lawyer to advise you.

Good luck.

i understand you were serious. i appreciate the help. it's the others that were less than helpful disputing the 5150 when that's not the point. the point is i was looking for the kind of advice you gave me and the direction you led me in. thank you.

tenpercentfirearms
06-22-2010, 6:25 AM
i understand you were serious. i appreciate the help. it's the others that were less than helpful disputing the 5150 when that's not the point. the point is i was looking for the kind of advice you gave me and the direction you led me in. thank you.

Yeah unfortunately there are people who feel it is their job to assume that everyone who asks an honest question is really lying for some reason. They feel it is their job to get to the real truth, which really they just have nothing else better to do than play Internet commando.

Yes, you need a firearms lawyer and it is probably going to cost you. I also recommend Jason Davis at http://www.calgunlawyers.com/Davis_&_Associates/Home.html