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javalos
04-18-2011, 12:30 PM
My son took an Iraqi war vet shooting the other day and he just had a ball, now he wants to own a firearm. He was denied at one time because he was in a mental ward after his discharge suffering from severe PTSD. He told my son he's come a long way and wants to know what channels he has to go through in order to show mental competence and lawfully purchase a gun. Anyone have any answers?

Dreaded Claymore
04-18-2011, 3:15 PM
I hope Librarian shows up soon, he'll know the answer. I'm away from my home right now, so I can't quote you the relevant information from my copy of "How to Own a Gun and Stay Out of Jail."

dantodd
04-18-2011, 5:05 PM
Your son, unknowingly, helped his buddy commit a felony. Prohibited people cannot even go out shooting with someone elses gun.

Recovering his rights will friends upon the exact nature and legal status of his hospitalization. If he is still considered incompetent to posses then it is 5oz years.gtom the time he is "medically cleared"

He should pay for the.services of a firearms lawyer.

stix213
04-18-2011, 6:26 PM
Your son, unknowingly, helped his buddy commit a felony. Prohibited people cannot even go out shooting with someone elses gun.

Recovering his rights will friends upon the exact nature and legal status of his hospitalization. If he is still considered incompetent to posses then it is 5oz years.gtom the time he is "medically cleared"

He should pay for the.services of a firearms lawyer.

iPhone? :p

GrizzlyGuy
04-18-2011, 8:18 PM
See here (http://www.calguns.net/calgunforum/showthread.php?p=4758181#post4758181) and here (http://gunowners.org/ne0703.htm), but he really needs to talk to an attorney to see about getting the firearms prohibition lifted. Until that happens, he can't even possess ammo. And yup, he committed a felony as dantodd pointed out.

frankrizzo
04-18-2011, 9:40 PM
Short answer:
If he was held under 5150, he is prohibited from possession/ownership for 5 years under California law. There's a chance he can have his rights restored early by petitioning the court.
If he was held under 5150 and then extended under 5250, he is prohibited from possession/ownership for 5 years under California law and for life under Federal law. There is currently no chance of having his rights restored at all.

In either case, he needs to consult an attorney, though if it was 5250 it won't make any difference.

RickD427
04-19-2011, 2:06 AM
There a need for some additional fact checking here.

Spending time undergoing medical treatment does not, of itself, trigger a legal disability for firearms possession.

Some, but not all, admissions for treatment under 5150 WIC will trigger a five year prohibition under California law. It depends on the underlying reason for the 5150 hold. If it was because the patient was alleged to be a danger to self, or others, then the five year prohibition applies. If the 5150 was because the patient was alleged to be gravely disabled, then the prohibition does not apply.

If the patient was adjudicated (a legal process) to be mentally defective, then there is a lifetime firearms disability. A 5250 WIC action falls under this and so do adjudications done under federal law and the laws of other states.

A person who voluntarily seeks treatment, and does not undergo an adjudication or (in California) a 5150 commitment, does not incur a disability.

Depending on what caused the person to go into the mental ward, there may, or may not be, a firearms disability.

In any event, I'd strongly recommend first checking the records and determining the facts, and then visiting competent counsel if there is a disability.

The previous posters make a very good point, that if the person does have a disability, you don't want to take them shooting.

javalos
04-19-2011, 1:14 PM
Thank you all for the input. The circumstances involving the war vet is complex, but he had a break down in the hospital regarding a very tragic event that he could not deal with. His chopper took a hit in the tail rotor and it went down, he was thrown out and sustained temporary injuries that rendered him incapable to rescuing both aircrew and infantry who burned to death in the crash. When he woke in the hospital, he was unable to cope with the event. He was given an honorable discharge but was sent to a facility to help him rehabilitate physically and mentally. I'll tell my son not to take him shooting again, thank you again.

NoJoke
04-19-2011, 1:39 PM
Thank you all for the input. The circumstances involving the war vet is complex, but he had a break down in the hospital regarding a very tragic event that he could not deal with. His chopper took a hit in the tail rotor and it went down, he was thrown out and sustained temporary injuries that rendered him incapable to rescuing both aircrew and infantry who burned to death in the crash. When he woke in the hospital, he was unable to cope with the event. He was given an honorable discharge but was sent to a facility to help him rehabilitate physically and mentally. I'll tell my son not to take him shooting again, thank you again.

Wow.
Seems there SHOULD be ways of these beyond normal, isolated and seemingly hopeless events should be taken into very serious consideration. If all other measures of mental health register normal and shown himself rehabilitated, he'd likely be the guy I'd WANT to have a gun.

Please thank him for his service.