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View Full Version : Firearms Prohibition due to a W&I 5150 Hold


CharlieWalker
07-26-2010, 9:24 PM
Deleted

oddjob
07-26-2010, 9:50 PM
Ran into a similar situation, but with someone else. I'm a retired LEO with 31 yrs on.
1) You are prohibited for 5 years.
2) The reports are confidential. The LE Agency won't even release the information to another agency (unless its something extremely important......I'm not certain what the conditions are though).
3) You were entered into the DOJ prohibited system when you went in for the 72hr observation.
4) There are more than a few attorneys here on this forum. Maybe one of them could give you some input as to the court process. I just don't know on a 5150 hold.

Doheny
07-26-2010, 9:54 PM
Charile, if that is your real name, you may want to talk to Admin about changing your screen name.

Good luck to you and God bless.

Doheny
07-26-2010, 10:00 PM
Also, you may already have it, but here is the law (http://ag.ca.gov/firearms/dwcl/8100.php) regarding your situation and weapons. Section 8105 covers confidentiality as mentioned by oddjob.

1911_sfca
07-26-2010, 10:25 PM
When you left the hospital, you were signing a form stating that you understand your firearms rights are suspended for 5 years (that already happened when you were involuntarily detained, not when you signed the paper, so don't worry about that).

You can file a request for a hearing with the DA in county where you live one time during that five year period. At that hearing, you have to prove that you are fit to use and possess firearms. My understanding is that you have to prove you are *currently* fit to possess them, not that you were when you were detained or some other point.

My suggestion would be to get a good lawyer to present your evidence; but in theory you could handle it yourself if you can't afford a lawyer. It will take a lot of research on your side.

1911_sfca
07-26-2010, 11:01 PM
You don't seem to be paying attention to the answers so let me simplify:

Rent a gun: No. If you do, felony.

Hearing: Hire a lawyer.

Security guard: No. A livescan will show you're prohibited from possession.

Doheny
07-26-2010, 11:10 PM
Charlie, you're gonna p*ss off 1911...get a lawyer as he has recommended. ;)

Good luck. I think we're done here...you really need to change your screen name if that is your given name.

Omega13device
07-27-2010, 11:57 AM
If you don't know a lawyer try calling the Legal Aid Society of Orange County: http://www.legal-aid.com/

johnthomas
07-27-2010, 12:23 PM
You don't know for sure if your meds caused you to want to shoot yourself? Right now, your focus needs to be on knowing for sure and taking care of you. I love guns, everything about them, but.....If something were to happen like that to me, they would be gone until I knew for sure why it happened. Don't worry about guns right now, take care of yourself first. You are a young man, you have plenty of time deal with the gun issue.

p7m8jg
07-27-2010, 12:43 PM
You have the right to a hearing to get your gun rights back. How those are handled depends on the county your in.

Sometimes the DA will say "Put this hearing over for six months, come back to court with proof you've seen a counselor and a letter stating the counselor doesn't see you as a threat of self-harm at this time" .

That sometimes works in the circumstance of a normal joe going through hard times (divorce, lost job, etc) with no other criminal record, etc.

If you're truly serious about keeping your gun rights, getitng a lawyer is the best idea because different counties handle it different ways. Get a local, respected lawyer from that specific area where the hearing will be held in so s/he has credibility with the court. Find one who is a gun owner if possible.

Whatever you do, don't just give up without a fight. Five years is a loooong time.

Doheny
07-27-2010, 12:59 PM
You don't know for sure if your meds caused you to want to shoot yourself? Right now, your focus needs to be on knowing for sure and taking care of you. I love guns, everything about them, but.....If something were to happen like that to me, they would be gone until I knew for sure why it happened. Don't worry about guns right now, take care of yourself first. You are a young man, you have plenty of time deal with the gun issue.

Best advice yet. This sounds pretty fresh and frankly, you sound like you're still doing some soul searching. Get fixed and get help if you need it. If you were thinking about eating your gun even a few months ago it's too soon to be handling them again.

ohsmily
07-27-2010, 1:39 PM
Were you drinking at all at your friends house?

What meds were you taking? Antidepressants?

jazman
07-27-2010, 4:58 PM
Best advice yet. This sounds pretty fresh and frankly, you sound like you're still doing some soul searching. Get fixed and get help if you need it. If you were thinking about eating your gun even a few months ago it's too soon to be handling them again.

I agree with this.

884runner
07-27-2010, 6:51 PM
I went through pretty much this exact scenario. Give it a year. See a counselor. Get yourself together. Then get a lawyer. You only get one chance so give yourself the best chance you can.
Good luck.