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USMCM16A2
07-10-2011, 8:41 PM
Guys,



A question was posed to me by a co-worker who has a unique problem. His spouse was held on a 5150 in 2009, he sold all of his firearms so that his misses would comply with the 8103 part of the law. He now wants to resume his interest in collecting, but is unsure of what his limits are.
His wife is in the process of trying to get a hearing, collecting medical records, and consulting with an attorney. With the confusion that is endemic in the 5150, and the 8100 codes they asked for, but never received any kind of notification of a court from LA county.
Can he start collecting again if the firearms are completely out of access of his wife until the mess is cleared up. Can he store them at his families place?.
Is the DA of the county in which she is residing REQUIRED to send some kind of specific confirmable notification of the hearing?. She is doing quite well and has recovered quite nicely, she had lost 3 pregnancies in a row and was depressed and suicidal. She has been under Psychiatric care for 2.2 yrs so she can get testimony from her therapist/MD.
I have always considered myself pretty well informed, but I cannot even begin to answer this one, any help would be greatly appreciated. Thanks to all, USMCM16A2

hoffmang
07-10-2011, 9:24 PM
She should certainly remain on the firearms rights recovery track for the simplest situation.

However, he's not prohibited and he can own. He'll have to keep them locked away from her (she can't have the safe combo for example) until she's restored. However, as long as he's keeping them secured from her, he doesn't have his fundamental right to keep arms infringed by her bar to possession.

-Gene

Falconis
07-11-2011, 1:17 AM
Whatever the outcome, I hope she makes it through all this. Sounds like life dealt her a pretty harsh hand there.

ironcross
07-11-2011, 2:44 AM
Guys,
A question was posed to me by a co-worker who has a unique problem. His spouse was held on a 5150 in 2009, he sold all of his firearms so that his misses would comply with the 8103 part of the law. He now wants to resume his interest in collecting, but is unsure of what his limits are.

His wife is in the process of trying to get a hearing, collecting medical records, and consulting with an attorney. With the confusion that is endemic in the 5150, and the 8100 codes they asked for, but never received any kind of notification of a court from LA county.
Can he start collecting again if the firearms are completely out of access of his wife until the mess is cleared up. Can he store them at his families place?.

Is the DA of the county in which she is residing REQUIRED to send some kind of specific confirmable notification of the hearing?. She is doing quite well and has recovered quite nicely, she had lost 3 pregnancies in a row and was depressed and suicidal. She has been under Psychiatric care for 2.2 yrs so she can get testimony from her therapist/MD.

I have always considered myself pretty well informed, but I cannot even begin to answer this one, any help would be greatly appreciated. Thanks to all, USMCM16A2

My buddies parents got the Sheriff's to do a 5150 hold on him. I've seen all the paperwork with it.

He had requested "Hearing At Discharge" and was not granted that. So I'm helping him with the DoJ to get his court date set.

With in the 72 hours at the time of her release (72HR's or less) she should of been given either (Per-San Diego County);

A) Request Hearing At Discharge.
Any person subject to these provisions [5150 W&I] may request a hearing by the Superior Court to provide relief from the firearms prohibition. Upon discharge from the facility, you will be provided the "Request for Hearing for Relief from Firearms Prohibition" form.


B) Hearing Requested After Discharge.
If a hearing is not requested at the time of discharge from the mental health facility, a single request may be made to the Superior Court during the five-year prohibition period. To request a hearing after discharge, contact the Department of Justice at (916) 263-0717 and the Department of Justice
will mail the "Request for Hearing for Relief from Firearms Prohibition" form to you. Please forward the completed form to the Superior Court in your county of residence. The Clerk of the Superior Court shall notify you of the hearing date within 30 days of receipt of the request.



5150. When any person, as a result of mental disorder, is a danger
to others, or to himself or herself, or gravely disabled, a peace
officer, member of the attending staff, as defined by regulation, of
an evaluation facility designated by the county, designated members
of a mobile crisis team provided by Section 5651.7, or other
professional person designated by the county may, upon probable
cause, take, or cause to be taken, the person into custody and place
him or her in a facility designated by the county and approved by the
State Department of Mental Health as a facility for 72-hour
treatment and evaluation.

Such facility shall require an application in writing stating the
circumstances under which the person's condition was called to the
attention of the officer, member of the attending staff, or
professional person, and stating that the officer, member of the
attending staff, or professional person has probable cause to believe
that the person is, as a result of mental disorder, a danger to
others, or to himself or herself, or gravely disabled. If the
probable cause is based on the statement of a person other than the
officer, member of the attending staff, or professional person, such
person shall be liable in a civil action for intentionally giving a
statement which he or she knows to be false.


She should certainly remain on the firearms rights recovery track for the simplest situation.

However, he's not prohibited and he can own. He'll have to keep them locked away from her (she can't have the safe combo for example) until she's restored. However, as long as he's keeping them secured from her, he doesn't have his fundamental right to keep arms infringed by her bar to possession.

-Gene

+1, If she is on the prohibited list. You'll need to keep firearms locked a way so she has NO ACCESS to IE safe etc--By any means of key lock or combo.

ironcross
07-11-2011, 3:18 AM
Whatever the outcome, I hope she makes it through all this. Sounds like life dealt her a pretty harsh hand there.

Yeah no doubt. IMO, at least in my area 5150's are given out like candy. It's sad but true.

Tacit Blue
07-11-2011, 3:24 AM
Yeah no doubt. IMO, at least in my area 5150's are given out like candy. It's sad but true.

Jack loves that Candy! Look at his face...............:rofl2:

http://2.bp.blogspot.com/_TdaXvsR1HI8/TTz-vz8_NrI/AAAAAAAAATc/XqZo4A6PVaw/s1600/jack-nicholson-one-flew-over-the-cuckoos-nest.jpg



The only firearm he's not prohibited by from the DOJ...

http://thefunambulistdotnet.files.wordpress.com/2010/12/one_flew_over_the_cuckoos_nest4.jpg

USMCM16A2
07-14-2011, 9:00 AM
Thanks, to all