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AntiAntiGuns
08-09-2010, 9:02 PM
I was detained for a 5150 in California involuntarily, was brought to an emergency facility for psychiatric evaluation and released 5 hours later, mostly waiting time. The hospital stated that I was “not” considered “admitted”, just there for an evaluation, and that they will “not” notify DOJ of the 5150.

On the back of the police Property Receipt, the Mental Health Incidents check box is checked, which states the following:
“If you were detained under Welfare and Institutions Code 5150 and are now involuntarily admitted to a mental health facility, you are prohibited” from anything to do with firearms for the next 5 years.

Spoke with the PD property room clerk, they stated that they are not supposed to release the firearms on a 5150, and that the PD will most likely file a petition with the city attorney to not release them. Typically with a 5150 case, the city attorney will give the PD permission to destroy them. But the clerk was not sure how it will work in my case, since I was not considered as “admitted”. I’m not sure if the city attorney will be able to, or even willing to look at the hospital report, which essentially rescinds my 5150.

The following is an excerpt from the paperwork that the hospital gave me before leaving. Again, I was not considered as admitted, just there for an evaluation. The magic words that do not apply to me, in my opinion, are “AND ADMITTED”:
“If you are placed on a 72-hour hold (also known as a “5150”) as a danger to self or others and admitted to a facility for treatment, you are prohibited from purchasing or possessing firearms while you are in the facility and for five years from the date of admission to the facility. When you are admitted to a facility as a danger to self/others, the facility is required to notify the state Department of Justice. The Department of Justice then adds your name to the state mental health firearms prohibition database.”

Now, they have $6000 worth of my firearms. If they are allowed to destroy my property, wouldn’t that be kind of like someone found not guilty, but throw them in jail afterward anyway, or putting someone on trial without looking at all available evidence.

So, are there any suggestions to keep the city attorney from destroying my property? Legally, if that’s what they decide to do, don’t they have to notify me first, so that I have the option to request a hearing?

If they are allowed to do whatever they want without my rights being protected, I would feel (_*_) invaded by the government.

Thank in advance to all replies :^)

dantodd
08-09-2010, 9:13 PM
In order to get your guns back you will need a Law Enforcement Gun Release (LEGR) from the DOJ. Here is the application form: http://ag.ca.gov/firearms/forms/pdf/legr.pdf

If they were my guns I would try to fill out the form and pay the fees myself. If you get denied by DOJ because of the psych hold then I'd contact an atty. If you search the forums for threads about people who have retrieved their weapons with a LEGR in hand you will find that it is not uncommon to have to hire an attorney even after you have the LEGR. This is just the state of affairs in CA right now.

Please don't let that last statement sound like resignation. You have found a place where people are working everyday to change problems just like yours. There is a lot of problems with the treatment of firearms and gun owners in California, both legally and culturally. Issues surrounding recovery of seized property is on the radar of those leading the fight but there are other issues on the front burners right now.

Most notably:
Killing the handgun roster: currently under litigation
Forcing CA to issue CCWs for personal protection: currently under litigation
Ending the CA Assault Weapons ban: hopefully being addressed soon.
ending the ban on the trade in large-capacity magazines: working on solution within current law.

Please stay around and update your thread to help others in the future with similar problems. We also need all the people we can get to help in the fight so sticking around will keep you up to date on the things listed above as well as future developments.

For the first time in decades California gun owners have reason to be optimistic about the future of firearms in CA. This is in large part due to the hard work of people on this forum and the CalGuns Foundation which uses this forum as their principle outreach tool to CA gun owners.

BigDogatPlay
08-09-2010, 9:17 PM
The police report is going to show you were involuntarily committed for a 72 hour hold, and that is what DoJ is going to go by first and foremost. The PD will not care that you were only there for five hours.

Consult with a good firearms focused attorney. You do have rights and the sooner you stand on them the better, but to do that you are going to need the help of a professional.

Scott Connors
08-09-2010, 9:22 PM
The way that it works where I worked is that the police bring everyone that they have written up on a 5150 to the emergency room of the hospital. A social worker or other clinician performs an evaluation and then calls the psychiatrist on call. Based upon the results of the eval, as well as the judgment of the clinician, the psychiatrist on call will either lift the 5150 or order admission to an in-patient facility.
Based upon what you are describing, it sounds as if you were discharged at the ER and never made it to an inpatient unit. If so, the 5150 was nullified and presents no bar. A letter from the evaluating facility should do the job. If not, contact The Right People here at Calguns and I'm sure they can set up a Fire Mission.
If you did make it to the in-patient unit (and some hospitals have their own psych units on the premises), then when you were discharged you should have been informed about how to get your guns back. You would have to petition the court to have your disability removed, otherwise there is a five-year prohibition on possessing firearms.
Good luck.

hoffmang
08-09-2010, 9:25 PM
There should be a place on the form for you to request a hearing to restore your firearms rights. That's step 1. If you don't get that step complete, please reach out. We have plenty of experience with bogus 5150's and city attorneys trying illegal things.

-Gene

Scott Connors
08-09-2010, 9:26 PM
The police report is going to show you were involuntarily committed for a 72 hour hold, and that is what DoJ is going to go by first and foremost. The PD will not care that you were only there for five hours.

Consult with a good firearms focused attorney. You do have rights and the sooner you stand on them the better, but to do that you are going to need the help of a professional.

DOJ does not go by the police report in determining any disability that might arise out of the 5150. The administrator of the admitting facilities completes a form that is sent in whenever anyone is admitted to the psych facility on a hold for danger to self or others, regardless of how long they stay. In practice I had a mental health worker complete this as part of the admission paperwork after I did my evaluation.

AntiAntiGuns
08-09-2010, 9:26 PM
In order to get your guns back you will need a Law Enforcement Gun Release (LEGR) from the DOJ.

If they were my guns I would try to fill out the form and pay the fees myself. If you get denied by DOJ because of the psych hold then I'd contact an atty.

As stated by the PD property clerk, because of the very likely hood of the city attorney wanting to destroy them, they suggested me to wait for a confirmation, if the firearms will be released or not. Since the LEGR is only valid for 30 days, while the PD petition and city attorney BS may take a while, the LEGR fees may end up being a waste, if I do it too soon.

The hospital already stated that DOJ will "NOT" be notified, that is not my concern anymore. Even if DOJ grants me the right to retrieve my property, the city attorney still can block that. So, it's like the city attorney has the last say, aside from a judge.

AntiAntiGuns
08-09-2010, 9:38 PM
Based upon what you are describing, it sounds as if you were discharged at the ER and never made it to an inpatient unit. If so, the 5150 was nullified and presents no bar. A letter from the evaluating facility should do the job.

That is correct, I was only evaluated, not admitted as in inpatient.

I already requested a copy of my Psychiatric Evaluation and Discharge Summary report from the hospital, and am currently checking to see if that report is supposed to be forwarded to the PD to add to my case. So that if they city attorney looks at the case, they will see that the hospital has rescind the 5150 (theoretically).

duldej
08-09-2010, 9:39 PM
i don't know about the property seizure part but it's not a big deal getting your rights restored provided that you come out of it winning.
your case sounds to me, and in my amateur opinion, like a winner.

maybe try running a personal firearms eligibility check in a week or so.

if your report comes back, "ineligible," then you can ask doj why and can petition the courts at that point if you need to.

dantodd
08-09-2010, 9:47 PM
As stated by the PD property clerk, because of the very likely hood of the city attorney wanting to destroy them, they suggested me to wait for a confirmation, if the firearms will be released or not. Since the LEGR is only valid for 30 days, while the PD petition and city attorney BS may take a while, the LEGR fees may end up being a waste, if I do it too soon.

The hospital already stated that DOJ will "NOT" be notified, that is not my concern anymore. Even if DOJ grants me the right to retrieve my property, the city attorney still can block that. So, it's like the city attorney has the last say, aside from a judge.

Don't believe a thing the property clerk tells you. Once you have been detained or arrested do not expect any honest assistance from the PD.

Do as hoffmang suggested. He runs the CalGuns Foundation and has the best information out there.

AntiAntiGuns
08-09-2010, 9:54 PM
There should be a place on the form for you to request a hearing to restore your firearms rights.

They did not give me any forms that allows me to request a hearing. I'm assuming they did not need to, since I was not admitted as an inpatient.

What I am curious about, is that is the hospital supposed to forward a copy of the report to the PD?

hoffmang
08-09-2010, 9:55 PM
The quickest solution at this point is to run a PFEC. Send a certified letter return receipt requested to the PD and to the City Attorney that you demand that they not destroy your property until you have proven that you are eligible to possess them and have them returned to you via the LEGR process.

Where generally are you located as it may make sense to speak with one of the CGF affiliated attorneys who have dealt with this before?

-Gene

JSilvoso
08-10-2010, 10:03 AM
5150 and Firearm Restriction

A person who has been taken into custody pursuant to Welfare and Institutions section 5150 as a danger to themself or others, assessed pursuant to section 5151, and admitted to a designated facility pursuant to sections 5151 and 5152 because that person is a danger to themself or others may not 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. W&I 8103(f)(1).

Welfare and Institutions Code section 5150 allows for a person, as a result of a mental disorder is a danger to themself or others or gravely disabled, to be taken into custody and place the person in a facility for a 72-hour evaluation and treatment.

Before or at the time of discharge the facility is required to inform the individual that they are prohibited from possessing, controlling, receiving, or purchasing any firearm for a period of five years. W&I 8103(f)(3) At this time the facility shall also inform the person that they may request a hearing for an order restoring the person’s ability to possess firearms. Id.

The DOJ has created a form for this type of request; you can usually get it from the court clerk's office. However, not all courthouses hear the mental health cases for the county, so you may have to find the courthouse/clerk where your case would be heard to get the form.

The restoration of rights process is a one time only hearing (though in most cases you can ask for a continuance); I would strongly suggest retaining an attorney.


Loss of Firearms

Whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is a person described in Section 8100 or 8103 (including 5150), is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. W&I 8102(a).

Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her mental condition, the peace officer or law enforcement agency shall notify the person of the procedure for the return of any firearm or other deadly weapon which has been confiscated. W&I § 8102(b). Where the person is released, the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. Id. Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm. Id.

Upon the release of a person, “the confiscating law enforcement agency shall have 30 days to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue. The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition. Including any extension of time granted in response to an ex parte request, a petition must be filed within 60 days of the release of the person from a health facility.” W&I 8102(c).

If the law enforcement agency does not initiate proceedings within the 30-day period, or the period of time authorized by the court in an ex parte order issued pursuant to Welfare and Institutions Code section 8102(c), it shall make the weapon available for return. W&I 8102(d).

The law enforcement agency shall inform the person that he or she has 30 days to respond to the court clerk to confirm his or her desire for a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For the purpose of this subdivision, the person's last known address shall be the address provided to the law enforcement officer by the person at the time of the person's detention or apprehension. W&I 8102(e).

If the person does not respond within 30 days of the notice, the law enforcement agency may file a petition for order of default. W&I 8102(g).

Untamed1972
08-10-2010, 10:29 AM
I was detained for a 5150 in California involuntarily, was brought to an emergency facility for psychiatric evaluation and released 5 hours later, mostly waiting time. The hospital stated that I was “not” considered “admitted”, just there for an evaluation, and that they will “not” notify DOJ of the 5150.

On the back of the police Property Receipt, the Mental Health Incidents check box is checked, which states the following:
“If you were detained under Welfare and Institutions Code 5150 and are now involuntarily admitted to a mental health facility, you are prohibited” from anything to do with firearms for the next 5 years.

Spoke with the PD property room clerk, they stated that they are not supposed to release the firearms on a 5150, and that the PD will most likely file a petition with the city attorney to not release them. Typically with a 5150 case, the city attorney will give the PD permission to destroy them. But the clerk was not sure how it will work in my case, since I was not considered as “admitted”. I’m not sure if the city attorney will be able to, or even willing to look at the hospital report, which essentially rescinds my 5150.

The following is an excerpt from the paperwork that the hospital gave me before leaving. Again, I was not considered as admitted, just there for an evaluation. The magic words that do not apply to me, in my opinion, are “AND ADMITTED”:
“If you are placed on a 72-hour hold (also known as a “5150”) as a danger to self or others and admitted to a facility for treatment, you are prohibited from purchasing or possessing firearms while you are in the facility and for five years from the date of admission to the facility. When you are admitted to a facility as a danger to self/others, the facility is required to notify the state Department of Justice. The Department of Justice then adds your name to the state mental health firearms prohibition database.”

Now, they have $6000 worth of my firearms. If they are allowed to destroy my property, wouldn’t that be kind of like someone found not guilty, but throw them in jail afterward anyway, or putting someone on trial without looking at all available evidence.

So, are there any suggestions to keep the city attorney from destroying my property? Legally, if that’s what they decide to do, don’t they have to notify me first, so that I have the option to request a hearing?

If they are allowed to do whatever they want without my rights being protected, I would feel (_*_) invaded by the government.

Thank in advance to all replies :^)

Those parts anger me. Why is it our gov't is just allowed to strip people of valuable property and destroy it. Why are they not at least given the option to transfer or sell that legally owned property and recoupe some of the loss?

AntiAntiGuns
08-10-2010, 3:28 PM
Where generally are you located as it may make sense to speak with one of the CGF affiliated attorneys who have dealt with this before?

San Bruno, CA. It's part of the San Mateo county.

duldej
08-10-2010, 3:48 PM
sometimes when a california citizen is brought-in under section 5150 (wic) he's alleged to have violated the penal code.

if that is your problem then you might have to talk to a judge about it.

sometimes a california citizen is brought-in under section 5150 (wic) and there are no criminal charges filed.

if that is your case then the former scenario is not your problem but it's good to know that either way.

if you're not charged with anything you might consider yourself lucky because probably it's only a matter of filing and serving paperwork with the doj, the da or the courts so that you can get what you want.

i'm betting that you're facing a time-consuming problem so good luck.

you'll be smarter when you finish with it.

NightOwl
08-10-2010, 4:14 PM
Look into this thread: http://www.calguns.net/calgunforum/showthread.php?t=245866

Contact one of the people mentioned there in regards to your issue, via a private message on this board. Have them direct you to a gun rights attorney. You have one shot at getting this right, and $6000 worth of guns to prevent from getting destroyed, don't fool around with this.

Wicked Pete
08-10-2010, 4:19 PM
OP: Maybe I missed it...what did you do to become "detained"? Not that I want to delve into your personal medical history; could this sort of thing happen to anyone?

dieselpower
08-10-2010, 4:40 PM
The quickest solution at this point is to run a PFEC. Send a certified letter return receipt requested to the PD and to the City Attorney that you demand that they not destroy your property until you have proven that you are eligible to possess them and have them returned to you via the LEGR process.

Where generally are you located as it may make sense to speak with one of the CGF affiliated attorneys who have dealt with this before?

-Gene

1) http://www.ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

2) Certified Letter-- Return Receipt Requested, to the PD and City Attorneys office. Clearing state at the top of the letter who you are, and who this is going to.
State the date of the incident.
State that you were not admitted.
State that you do not qualify for 5150.
State you want your firearms back.
State that nothing be done to your firearms until the LEGR process is completed.
State you are complying with the LEGR process now.

3) http://ag.ca.gov/firearms/forms/pdf/legr.pdf

The PD clerk will twist the truth and "forget" to tell you things. they will "forget" to give you forms. Do not take anything they say as 100% fact. In fact inorder for you to get your firearms back you must now view them as people trying to steal your firearms. Get a lawyer or at the very minium talk to a person who knows what to do.

AntiAntiGuns
08-10-2010, 4:57 PM
sometimes a california citizen is brought-in under section 5150 (wic) and there are no criminal charges filed.

if you're not charged with anything you might consider yourself lucky because probably it's only a matter of filing and serving paperwork with the doj, the da or the courts so that you can get what you want.

i'm betting that you're facing a time-consuming problem so good luck.

you'll be smarter when you finish with it.

No charges were filed

Paperwork with DOJ should be easy. The problem is that if the PD files a petition with the city attorney, than I will have to go to a hearing and it will be their burden to prove that I should not posses firearms.

I am already a 1000 times smarter than before about this 5150, plus cut out my drinking, it makes me stupid :^)

AntiAntiGuns
08-10-2010, 4:59 PM
OP: could this sort of thing happen to anyone?

Oh yeah, all it takes is for you to say the wrong thing, either it's true or not.

Wicked Pete
08-10-2010, 5:02 PM
Oh yeah, all it takes is for you to say the wrong thing, either it's true or not.

Another thing for the "gun owner" to worry about.

AntiAntiGuns
08-10-2010, 5:07 PM
1) http://www.ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

2) Certified Letter-- Return Receipt Requested, to the PD and City Attorneys office. Clearing state at the top of the letter who you are, and who this is...

Had a consultation with an attorney today, he said that sending a PFEC will not do any good in my situation.

That fact is that if the PD file a petition, they are required by law to notify me, then I will have 30 days to respond and to request a hearing, then the hearing must take place within 30 days of my response. Even if the PD or city attorney are drooling to destroy my property, they are ONLY allowed to, after a judge decides to not release my property, then the city can do whatever they want with them.

OleCuss
08-10-2010, 5:42 PM
I'm glad you got the attorney. I hope he/she is one who is quite knowledgeable on gun-related law.

hoffmang
08-10-2010, 5:46 PM
Email sent.

-Gene

AntiAntiGuns
08-20-2010, 10:31 PM
Just got my medical record stating I do not fit the 5150 criteria. Also spoke with an old attorney friend of mine, he said that at this point, they really do not have the right to hold my firearms anymore, and should be mainly just some administrative paperwork. He referred me to another old attorney friend of his that knows more about this issue, will talk to him next week. Waiting for my LEGR forms (current DOJ turn around time is 6 weeks), then I will head to the PD and demand my stuff back.

The procedure that the city attorney will have to go through is to look at the PD report and check DOJ to see if I am on their firearm restriction database, which of course I am not. So, if they for some antigun reason still decides to petition to keep my property, essentially trying to steal from me, I WILL go to the hearing. If I lose, then there is really no justice, because once I leave court, I can literally go straight to a gun shop and buy more guns.

I know some of you don't want to see this issue anymore, I figured that some of this info may help others later on, if they are unfortunate enough to get hit by one. Will update with any new progress.

hoffmang
08-20-2010, 11:26 PM
Do know that some City Attorneys don't wish to follow the law on this. Loop CGF back in if you run into any resistance to returning your firearms.

-Gene

jl123
08-20-2010, 11:45 PM
Just got my medical record stating I do not fit the 5150 criteria. Also spoke with an old attorney friend of mine, he said that at this point, they really do not have the right to hold my firearms anymore, and should be mainly just some administrative paperwork. He referred me to another old attorney friend of his that knows more about this issue, will talk to him next week. Waiting for my LEGR forms (current DOJ turn around time is 6 weeks), then I will head to the PD and demand my stuff back.

The procedure that the city attorney will have to go through is to look at the PD report and check DOJ to see if I am on their firearm restriction database, which of course I am not. So, if they for some antigun reason still decides to petition to keep my property, essentially trying to steal from me, I WILL go to the hearing. If I lose, then there is really no justice, because once I leave court, I can literally go straight to a gun shop and buy more guns.

I know some of you don't want to see this issue anymore, I figured that some of this info may help others later on, if they are unfortunate enough to get hit by one. Will update with any new progress.

I'm pretty sure everyone here wants you to get your guns back and doesn't mind you posting updates or follow-up questions.

Good luck.

ned946
08-21-2010, 8:36 AM
I'm pretty sure everyone here wants you to get your guns back and doesn't mind you posting updates or follow-up questions.

Good luck.

Post away!

zebediah
10-05-2010, 10:19 PM
I was detained for a 5150 in San Diego at the beginning of September. I was taken to a hospital by the SD police and kept for a 72 hour hold. After I was discharged, the next day they contacted me and told me they forgot to tell me about the Firearms prohibition. I asked the hospital to send me the form for a Request for a Hearing for Relief from Firearms Prohibition. I have also contacted the gun desk to ask about my options. After leaving a message, an officer got back to me and told me because of my 5 year firearms prohibition, my only option is to contact a firearms dealer and work out a deal for them to sell my firearms. I don't want to sell my firearms, especially when one of the guns is a family heirloom. I was wondering if anyone knew if I had other options?

I am looking into finding a firearms dealer and have them transfer it to a family member, but don't know if that is possible.

Should I file the Request for Hearing for Relief from Firearms Prohibition form to DOJ as soon as possible or wait to till I find out about the private party transfer option through a firearms dealer? The weapons receipt the SD police gave me says on the back that they will dispose of the weapons after 180 days.

Please help.

freonr22
10-05-2010, 10:38 PM
pm hoffmang ^^^

wildhawker
10-05-2010, 10:50 PM
DAVIS AND ASSOCIATES
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894


I was detained for a 5150 in San Diego at the beginning of September. I was taken to a hospital by the SD police and kept for a 72 hour hold. After I was discharged, the next day they contacted me and told me they forgot to tell me about the Firearms prohibition. I asked the hospital to send me the form for a Request for a Hearing for Relief from Firearms Prohibition. I have also contacted the gun desk to ask about my options. After leaving a message, an officer got back to me and told me because of my 5 year firearms prohibition, my only option is to contact a firearms dealer and work out a deal for them to sell my firearms. I don't want to sell my firearms, especially when one of the guns is a family heirloom. I was wondering if anyone knew if I had other options?

I am looking into finding a firearms dealer and have them transfer it to a family member, but don't know if that is possible.

Should I file the Request for Hearing for Relief from Firearms Prohibition form to DOJ as soon as possible or wait to till I find out about the private party transfer option through a firearms dealer? The weapons receipt the SD police gave me says on the back that they will dispose of the weapons after 180 days.

Please help.

duldej
10-10-2010, 12:11 AM
re: zebediah's post ^^

it took me 6 months to clear-up the prohibition in court for a point of reference which is not to say that the matter's being heard in court is not a good excuse to tell a cop (leo advice?).

maybe you can leave the guns with a friend in the meantime.

in my amateur opinion, so long as you don't get caught with the guns, say brandishing them, for instance, you might be ok.

i recommend petitioning the prohibition with your local superior court, though.

probably you'll be appointed a public defender.

OleCuss
10-10-2010, 5:46 AM
OK, just because it may not be clear to Zebediah:

Pay very close attention to the posts by hoffmang and wildhawker. Others will likely give you good information - but you should treat advice by hoffmang and wildhawker like gold (generally true but especially true on matters of this nature).

Not a slam at any of the others on the thread - some of whom are just brilliant, but on this topic (for special reasons) hoffmang and wildhawker are the best.

GrizzlyGuy
10-10-2010, 6:22 AM
I was detained for a 5150 in San Diego at the beginning of September. I was taken to a hospital by the SD police and kept for a 72 hour hold. After I was discharged, the next day they contacted me and told me they forgot to tell me about the Firearms prohibition. I asked the hospital to send me the form for a Request for a Hearing for Relief from Firearms Prohibition. I have also contacted the gun desk to ask about my options. After leaving a message, an officer got back to me and told me because of my 5 year firearms prohibition, my only option is to contact a firearms dealer and work out a deal for them to sell my firearms. I don't want to sell my firearms, especially when one of the guns is a family heirloom. I was wondering if anyone knew if I had other options?

I am looking into finding a firearms dealer and have them transfer it to a family member, but don't know if that is possible.

Should I file the Request for Hearing for Relief from Firearms Prohibition form to DOJ as soon as possible or wait to till I find out about the private party transfer option through a firearms dealer? The weapons receipt the SD police gave me says on the back that they will dispose of the weapons after 180 days.

Please help.

1) Download and read this (http://ag.ca.gov/firearms/forms/pdf/sb950frm1107.pdf) from DOJ. Immediately (as in right now) choose a trusted friend or relative and fill out the Power of Attorney form on page 2 of that document. Sign it, have them sign it, and get it notarized. Note that the notary may want you both to sign in their presence. Keep the form and originals, you don't need to send it to DOJ. Time is of the essence on this step so as to avoid legal liability.

2) Have the person that you designated in the form come to your house and take possession of all of your firearms, magazines, ammunition and speed loaders.

3) The designated person will have 30 days to complete the transfer of ownership of your firearms. They can go to a FFL and PPT the guns to themselves (likely what you want) or someone else.

-- After you have completed steps 1 & 2 ASAP...

4) Contact a lawyer and talk to them about setting up the court hearing where you can ask to get the 5150 firearms prohibition lifted. You only get one shot at this during the 5-year prohibition, so it is best to get a lawyer involved instead of trying to handle it yourself.

ke6guj
10-10-2010, 9:08 PM
1) Download and read this (http://ag.ca.gov/firearms/forms/pdf/sb950frm1107.pdf) from DOJ. Immediately (as in right now) choose a trusted friend or relative and fill out the Power of Attorney form on page 2 of that document. Sign it, have them sign it, and get it notarized. Note that the notary may want you both to sign in their presence. Keep the form and originals, you don't need to send it to DOJ. Time is of the essence on this step so as to avoid legal liability.

2) Have the person that you designated in the form come to your house and take possession of all of your firearms, magazines, ammunition and speed loaders.

3) The designated person will have 30 days to complete the transfer of ownership of your firearms. They can go to a FFL and PPT the guns to themselves (likely what you want) or someone else.
.

that POA option brings up some interesting questions. What if the designated person wishes to purchase the firearms? Do they have to take the firearms to an FFL to DROS to themselves? Is it DROSed as a PPT? Does the designated person have to bring the ID of the 5150 person to the FFL to do the PPT DROS?

2Bear
10-10-2010, 9:27 PM
<...> could this sort of thing happen to anyone?

One must at times be careful about saying things that could be interpreted as you being a danger to yourself or others.

vincewarde
10-11-2010, 1:42 PM
First, try very hard to avoid any situation where you might be 5150'ed. Remember, cops aren't experts and will almost always error on the side of sending you to some who is.

Second, if it at all looks like you might be 5150'ed be pro-active and offer to go in of your own free will. In my 10 years of EMS experience I saw several people avoid a 5150 hold this way. While cops usually error on the side of caution, they also know that being 5150'ed follows you for a long time.

tboyer
11-20-2010, 3:30 PM
I know some of you don't want to see this issue anymore, I figured that some of this info may help others later on, if they are unfortunate enough to get hit by one. Will update with any new progress.

I don't mind postings on this issue at all.
Unlike threads on homosexuality, this topic can
never be beaten to death.

SteveH
11-20-2010, 3:56 PM
OP: Maybe I missed it...what did you do to become "detained"? Not that I want to delve into your personal medical history; could this sort of thing happen to anyone?

Dont tell, text, email or call friends or family members and make suicidal statements like
"I wish i was dead"
"Maybe i should just kill my self"
"i don't want to live anymore."

Or make any actual attempts like overdosing on pills, cutting your wrists, hanging yourself or sitting in your car with a hose running from the tail pipe to the passengers compartment.