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BlackSpathiWarrior
04-04-2011, 12:41 AM
Hi everyone, I'm curious if the two things I'm about to list will prohibit me from owning firearms in the state of California.

1.) A few years back I was detained briefly for a suicide threat, was in an ER for a few hours then taken to some sort of transition facility I believe where I stayed there for around 20 hours until I was allowed to leave and go home. Will this bar me from owning a firearm?

2.) I live in public housing, from what I've heard, people in public housing are not allowed to own firearms in California?

Thank you all in advance for the help.

jl123
04-04-2011, 1:04 AM
#2 is not true. There was a situation in San Francisco that attorneys sorted out having to do with this.

There are people on here very well versed in psychiatric holds and challenges that situation may present for you. I'll let them fill you in on the intricacies.

BlackSpathiWarrior
04-04-2011, 1:07 AM
To elaborate on #1 I was never diagnosed with any particular mental illness, and it was a very brief stay, hopefully that doesn't make me ineligible...

moosegun
04-04-2011, 1:18 AM
not 100% sure but
I dont believe #1 is a prob...
first of all if I remember the question on the test. it reads, Has state of CA ever deem you mentaly ill...etc. etc..

also I know a buddy who went through the samething you did and can own a firearm.. but that was in the military so I guess it's kinda different..

jl123
04-04-2011, 1:20 AM
To elaborate on #1 I was never diagnosed with any particular mental illness, and it was a very brief stay, hopefully that doesn't make me ineligible...

There's a form you can fill out and send into the DOJ to find out if you are eligible. Someone will be able to tell you the exact form.

Jubba
04-04-2011, 1:24 AM
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

BlackSpathiWarrior
04-04-2011, 1:28 AM
not 100% sure but
I dont believe #1 is a prob...
first of all if I remember the question on the test. it reads, Has state of CA ever deem you mentaly ill...etc. etc..

also I know a buddy who went through the samething you did and can own a firearm.. but that was in the military so I guess it's kinda different..

Well I've never been deemed mentally ill by any professional (or the courts), so, I should have that covered...

Still, this unfortunate incident makes me ambiguous about the issue.

BlackSpathiWarrior
04-04-2011, 1:53 AM
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

Thank you very much for that :) I'll shall go fill that out...

Even so, if anyone has been in a similar situation as me, or knows the laws closely, could they tell me if I'd be denied (if more details are needed I shall provide)

hawk1
04-04-2011, 6:20 AM
Thank you very much for that :) I'll shall go fill that out...

Even so, if anyone has been in a similar situation as me, or knows the laws closely, could they tell me if I'd be denied (if more details are needed I shall provide)

No even so, just fill out the form and see if YOU will be denied. Someone else's experience cannot tell you if you'll be denied. The form provided will.

boxbro
04-04-2011, 9:02 AM
1.) A few years back I was detained briefly for a suicide threat, was in an ER for a few hours then taken to some sort of transition facility I believe where I stayed there for around 20 hours until I was allowed to leave and go home. Will this bar me from owning a firearm?

IIRC, not unless you were 5250'd

Southwest Chuck
04-04-2011, 10:06 AM
IIRC, not unless you were 5250'd

Uh, I may be wrong, but isn't it 5150'd ? :confused:

paul0660
04-04-2011, 10:13 AM
5250 is 5150's big brother. I don't know the exact deal either.

One thing, if you send in the form, and they calculate that you are denied, you have to give up any firearms that you currently own.

GrizzlyGuy
04-04-2011, 11:00 AM
Uh, I may be wrong, but isn't it 5150'd ? :confused:

Yes, a 5150 for either 'danger to self' or 'danger to others' results in a 5-year firearms prohibition. The 'gravely disabled' type doesn't result in a prohibition. A 5250 for any reason results in a lifetime federal prohibition.

OP's description sounds like a 5150 as those holds last a maximum of 72 hours. The CA DOJ will have a record of either if they happened, so doing a Personal Firearms Eligibility Check (http://ag.ca.gov/firearms/pfecfaqs.php) is the best bet.

gunsmith
04-04-2011, 1:10 PM
Do let us know if you are denied.

BlackSpathiWarrior
04-06-2011, 10:39 AM
Thanks all for the information, and I'll be sure to let you know if I get denied or not. Will be a while until I send in the form, I'm extremely strapped for cash at the moment, can can't even spare the 20 dollars, but I'll get around to it.

What exactly is "5250"? I've searched it, but got a lot of complex legalese from it. Hopefully I'm not included in that category....

paul0660
04-06-2011, 10:58 AM
5250 extends the 72 hour hold to up to 14 days.

http://codes.lp.findlaw.com/cacode/WIC/1/d5/1/2/4/s5250

dantodd
04-06-2011, 11:05 AM
GrizzlyGuy, as usual, right. A 5150 permits authorities to hold you, against your will, for 72 hours. If Dr's think you are still a danger they have to file a 5250 to hold you longer. A 5250 had greater due process protections for you and a higher burden for those trying to commit.

You were "probably" held on a 5150 and are ineligible for 5 years after release. When you were released you should have been given a form describing your rights to speak the commitment though you may not have realized the 2a implications at the time. It is possible that the dr. said that you were not a threat upon the first interview and never signed off on the 5150 but because you admitted it was a suicide attempt the dr. most likely did commit you.

Dexster
04-06-2011, 11:06 AM
I think you should be ok on both.

When going through some BG checks with the service and a Psych eval I was asked if I have ever thought about suicide and how many times. It had 3 boxes to put numbers so I put 999. When asked about it I told the doctor that everyday I think about is life worth living and everyday my response is yes. I managed to get a TS clearance so... meh

BlackSpathiWarrior
04-07-2011, 10:59 PM
GrizzlyGuy, as usual, right. A 5150 permits authorities to hold you, against your will, for 72 hours. If Dr's think you are still a danger they have to file a 5250 to hold you longer. A 5250 had greater due process protections for you and a higher burden for those trying to commit.

You were "probably" held on a 5150 and are ineligible for 5 years after release. When you were released you should have been given a form describing your rights to speak the commitment though you may not have realized the 2a implications at the time. It is possible that the dr. said that you were not a threat upon the first interview and never signed off on the 5150 but because you admitted it was a suicide attempt the dr. most likely did commit you.

I'll have to double check the forms (hopefully I still have them) but it was most certainly not longer than 72 hours, it wasn't even 24. So, worst comes to worst, I might be ineligible for a 5 year period? That's certainly much better than indefinitely...