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View Full Version : Can somebody refer me what CA law covers people with mental disorders?


flak88mm
02-07-2012, 9:29 PM
I have someone who knows somebody with schitzophrenia and has to take medication regularly to keep himself in check. Also this person, according to this "someone", had past records with the law of drug use, drinking, violence, behavior problems, etc.

Are these kind of persons prohibited from even holding a firearm? If so, what section is this covered under? The only one I saw is for CCW permits but nothing about ordinary civilians with mental health issues going to a range shooting a firearm.

Librarian
02-07-2012, 10:55 PM
Such a person would have to have been determined to be a 'danger to himself or others'; there are due-process things.

Part of it is in Welfare and Institutions Code 5150 (http://law.onecle.com/california/welfare/5150.html) and 5250.

You need to consult an experienced conservatorship lawyer.

RickD427
02-07-2012, 11:30 PM
I have someone who knows somebody with schitzophrenia and has to take medication regularly to keep himself in check. Also this person, according to this "someone", had past records with the law of drug use, drinking, violence, behavior problems, etc.

Are these kind of persons prohibited from even holding a firearm? If so, what section is this covered under? The only one I saw is for CCW permits but nothing about ordinary civilians with mental health issues going to a range shooting a firearm.

Please check out California Welfare and Institutions Code sections 8100-8108.

The simple fact of having a psychiatric diagnosis doesn't create a firearms disability, but the law is rather complex. IANAL, but the following disabilities do exist in the code:


If a person is reported by a therapist to have communicated a threat.

If a person has been detained for emergency psychiatric examination under section 5150 (danger to self or others)

If a person has been found mentally disordered under section 5250.

Also remember that federal law imposes a disability on a person adjudicated as mentally ill.