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AntiAntiGuns
08-10-2010, 10:24 PM
Who is legally responsible and or authorized to report a 5150 to the DOJ?

1. Psychiatric Facility
2. Police Department
3. City Attorney
4. District Attorney

Please specify one or more that applies.

Scott Connors
08-11-2010, 12:56 AM
Who is legally responsible and or authorized to report a 5150 to the DOJ?

1. Psychiatric Facility
2. Police Department
3. City Attorney
4. District Attorney

Please specify one or more that applies.

Psychiatric Facility.

AntiAntiGuns
08-11-2010, 2:49 PM
After a 5150 is essentially nullified by the psychiatric facility, where they will not notify DOJ. Can the city attorney or DA later decide to request DOJ to mark a person down as 5150, or that is STRICTLY the responsibility of a professional psychiatrist?

OlderThanDirt
08-11-2010, 3:00 PM
All this talk about 5150s is just nuts.

Vacaville
08-11-2010, 3:16 PM
Correct me if I'm wrong, but a 5150 is just the act of being picked up and taken to the loony bin. Pretty sure they don't report that. What gets reported is the official determination that you're mentally defective. Reporting a 5150 by itself would be like being reported to DOJ for being arrested for a felony, without waiting for a conviction.

RolinCode3
08-11-2010, 3:36 PM
5150 W&I is not a reportable "arrest"...nothing goes on a CII that can be found later by another agency. There is no arrest report that is sent to the DA for 5150's, so the DA has no idea that an "arrest" was made. Arrests in general are not reported to the City Attorney, unless there was damage by the person arrested to City property, and the City wants to pursue restitution. I know that the police department does not do any sort of reporting to the DOJ about the 5150 "arrest".

AntiAntiGuns
08-11-2010, 3:55 PM
All this talk about 5150s is just nuts.

Well, I am sure if you were the one you who has to deal with this legal issue, you will be asking a lot of questions too.

AntiAntiGuns
08-11-2010, 4:14 PM
Correct me if I'm wrong, but a 5150 is just the act of being picked up and taken to the loony bin. Pretty sure they don't report that. What gets reported is the official determination that you're mentally defective. Reporting a 5150 by itself would be like being reported to DOJ for being arrested for a felony, without waiting for a conviction.

"If you are placed on a 5150 and admitted for treatment, DOJ will be notified."

The keywords are "ADMITTED AND TREATED", not sure exactly when it turns into a 5250. I was not admitted nor treated. My concern is what is written in the police report, if I need to go to a hearing to request my property to be release back to me, not sure if the city attorney or DA can use that police report against me later and has the authority to still notify DOJ to the 5 year restriction, or only a professional psychiatrist can do that. That was my question. I tried getting it answered by my attorney that I may use to represent me if needed, but he's busy.

duldej
08-11-2010, 5:23 PM
not referring to your case in particular, but to 5150 detention in general you're guilty until proven innocent, so to speak because you will be prohibited the use of firearms until you successfully petition and win a case in a court of law.

otherwise you have to wait the full 5 years.

winning that case only shortens that period of time up to when the judge decides in your favor that you're not a danger to yourself or others and he issues a court order that your attorney (or you) will forward to the doj and that requests that the doj criminal information unit restores your personal right to own, purchase, etc. a firearm.

there's no sense begging the question.

also a 5250 certification is certainly not your problem. you would have had to be admitted to the facility, found not safe enough to go back home after 72 hours, and be in in-patient treatment for 14 days.

not sent on my i-phone

GrizzlyGuy
08-11-2010, 5:40 PM
Psychiatric Facility.

+1

This is per WIC 8103 (f)(2) (http://law.onecle.com/california/welfare/8103.html):

2) For each person subject to this subdivision, the facility
shall immediately, on the date of admission, submit a report to the
Department of Justice, on a form prescribed by the Department of
Justice, containing information that includes, but is not limited to,
the identity of the person and the legal grounds upon which the
person was admitted to the facility.
Any report prescribed by this subdivision shall be confidential,
except for purposes of the court proceedings described in this
subdivision and for determining the eligibility of the person to own,
possess, control, receive, or purchase a firearm.

ETA: That only applies if the person has been "(A) taken into custody as provided
in Section 5150 because that person is a danger to himself, herself,
or to others, (B) assessed within the meaning of Section 5151, and
(C) admitted to a designated facility within the meaning of Sections
5151 and 5152 because that person is a danger to himself, herself, or
others".

It sounds like you were evaluated and immediately released so that would not apply, nor would the firearms prohibition. If any guns were confiscated, see 8102 (c) (http://law.onecle.com/california/welfare/8102.html) for how to get them back.

AntiAntiGuns
08-11-2010, 5:49 PM
not referring to your case in particular, but to 5150 detention in general you're guilty until proven innocent, so to speak because you will be prohibited the use of firearms until you successfully petition and win a case in a court of law.

otherwise you have to wait the full 5 years.


The 5150 description is not very straightforward.

The "ONLY" reason for the 5 year is "IF" one is "ADMITTED", then the hospital is required to notify DOJ, then DOJ puts the person in their firearm restriction database. The head psychiatrist told me that if one is only evaluated, which is not the same as admitted, they will NOT notify DOJ, so the 5 year ban theoretically will not kick in.

AntiAntiGuns
08-11-2010, 6:02 PM
+1
If any guns were confiscated, see 8102 (c) (http://law.onecle.com/california/welfare/8102.html) for how to get them back.

Cool, I'll check that link out tonight.

My only problem is that if they decide to file a petition, then I'll have to go to a hearing, and the city attorney will use the statements on the police report against me. Since my 5150 was nullified by the hospital, and if they still want to destroy my property, I feel that they are violating my 2A, illegally keeping/destroying my property, even though DOJ gives the ok for me to get them back. The mission now is all about principal and the 2A.

POLICESTATE
08-11-2010, 6:04 PM
All this talk about 5150s is just nuts.

http://strang.newtomorrow.org/CGN/ISWYDT.jpg

Scott Connors
08-11-2010, 6:43 PM
After a 5150 is essentially nullified by the psychiatric facility, where they will not notify DOJ. Can the city attorney or DA later decide to request DOJ to mark a person down as 5150, or that is STRICTLY the responsibility of a professional psychiatrist?

I would think that if they did that you would have grounds for a lawsuit on multiple grounds (slander and deprivation of civil rights under color of law come to mind, although IANAL). The 5 Yr disqualification is for being admitted to the psych unit. The police can not admit anyone to a psych hospital, only a MD (psychiatrist) can do that. If they're telling you that the City Attorney is notifying DOJ, they are blathering idiots who need to be admitted themselves for grandiose delusions.

AntiAntiGuns
08-11-2010, 7:35 PM
If they're telling you that the City Attorney is notifying DOJ, they are blathering idiots who need to be admitted themselves for grandiose delusions.

Thank you for that answer and all who replied, that's what I was looking for. No, they are not saying anything like that, I was just curious if they can.

Once the city attorney looks at the case, the AntiGunChrist is supposed to also check the DOJ database, since I will not be on it as section wacko. Hopefully they will just tell the PD to release what's rightfully mine, so that I can go back to the 600 yard range and enjoy. But, knowing CA and how much they hate guns, I'm not counting on them to just forget about it. I guess I'll know within 30 days, and maybe up to 60 days.

Thanks and always fight for your 2A against the tyrant that only want to allow government agencies and criminals to have the right to bear arms.