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Trendkill
02-08-2012, 12:15 AM
So here is a short little back story:

My family and I have been renting from my folks for a little while due to these massively crappy economic times. Our rent has helped my folks as they are struggling mighty bad too. Just kinda helping each other out for a bit and trying to see how this thing is going to turn out. Well....its not turning fast enough.

My mother has lost her job with the city of Fremont and her last day is tomorrow.....so the "S" has really hit the fan for my folks. My wife and I could feasibly help them ride this out here by us both working and paying a huge chunk of their mortgage but this wasnt supposed to be a long time deal....we need our own space again...for our own family and our own sanity.

So...my brother lives in Ohio and he and I have determined after heavily examining my parents financial situation that they have to GTFO of CA.

So...we are all going to be moving together to the Buckeye State. Ive already got an apartment for my family and my folks are going to stay with my brother while their house here sells. As soon as their profit hits their bank they will be buying a house there and retiring comfortably with their pensions etc etc.

So...we're packing and selling sh** like crazy and we plan to be out in Ohio by the beggining of March. All is going pretty smooth....and despite the fact of all this stress and the fact that we are all in this cluttered housse of boxes and stuff we are looking to get out right on time.

Now.....heres the kicker. Ready..?


---------------------------------------------------------


My father has a hypo-thyroid disease and suffers from some anxiety and depression from time to time and has been on disability due to this illness. So....all this stress and having to pull up roots has thrown him into quite a nose dive.......he's "Freakin the fu** out".

So....he goes to San Jose Medical group today to see if they can help him in some way with his anxiety and his overall sanity.

So they ask him the question....."Do you ever think about suicide..?"

He answers...."...well , sometimes"


72 hour hold


So Im told ......(totally not to my suprise) an hour ago that he will not be able to own , posses , or have access to any firearms for five years. This means I have to somehow lock up or move out like 30 something guns we have combined in this household for the next several weeks.

AHHHHHHHHHH!!!!

So what are my options..?

I dont have a freakin safe big enough to hold all this crap so are there some other options..? What happens to his restrictions when he is in Ohio..? Is there a federal mandate on this type of thing..? Do I have to sign the power of attorney thing or can I just take posession of all the guns and say screw you CA I live in Ohio now..? Whats the deal here..?


Also....seeing as I dont believe he'd ever harm himself , what can he do to get this thing dropped...?


Guess my little story got pretty long.....sorry guys. Thanks for listening.

ojisan
02-08-2012, 12:34 AM
Lock them in the trunk of a car that he does not have keys to short-term.
I doubt CA will be checking on him very often in OH....but just about any kind of lockable cabinet (foot locker, utility, etc ) will likely do.

Exocet5
02-08-2012, 1:37 AM
You need to start dosing your dad with some kirkland VitaminD from Costco. I helped a buddy out with depression & anxiety. He had ditched his anti-anxiety Rx and was having some severe withdrawal symptoms. Most americans are sunlight deprived. The max RDA dose is 2000 ui / day which happens to be the pill that's in the kirkland bottle. Best $9 you could spend.

Friend was normal within 24 hours and drug-free ever since 1.5 years ago. Best $6 for a year supply you could ever spend. I think we could cure 80% of america's mood disorders with a 2cent VitaminD supplement/day.

Buckeye Dan
02-08-2012, 4:32 AM
PM inbound Trendkill

OleCuss
02-08-2012, 4:53 AM
I believe there is a court remedy for this one. He'll likely have to go before a judge and tell him that he has never contemplated harming another person and that he never seriously considered suicide - and is certainly not suicidal now.

I knew a guy who went in on a 5150, missed his hearing but still worked on the legal aspect. Got his rights restored and got wounded in Iraq (rights restoration doesn't always work out perfectly. . .).

dwtt
02-08-2012, 5:12 AM
send your guns to your brother in Ohio to hold for you, if you can.

OleCuss
02-08-2012, 6:31 AM
I don't know for certain that the problem goes away in Ohio.

It could be a temporizing measure, but if the father is prohibited it could cause problems for the brother when the father is living with him in Ohio.

Temporarily, I like the unloaded and stick them in the trunk of a car solution.

But if possible, the father should petition the court to get the prohibition lifted. It should make things so much better.

Edit: Maybe selling some of those firearms to me on the cheap might be a solution? j/k. . .

CHS
02-08-2012, 8:46 AM
The five-year prohibition is a California thing.

The feds don't care about holds like this and only prohibit people who have been adjudicated by a court as mentally defective (which leads to a lifetime ban).

Since this is the case, moving to Ohio should make everything better as California law will no longer be enforceable there. Just be careful IN California until you get the family out.

Remember, you can do a temporary 30-day loan to a friend of firearms. Maybe you have a good friend whom you trust that you can have hold onto them? You do not have to go through an FFL for this.

cmichini
02-08-2012, 8:52 AM
Doctors, politicians, the government and the police are not your friends.
The list just keeps longer, doesn't it ?

Trendkill
02-08-2012, 9:51 AM
The five-year prohibition is a California thing.

The feds don't care about holds like this and only prohibit people who have been adjudicated by a court as mentally defective (which leads to a lifetime ban).

Since this is the case, moving to Ohio should make everything better as California law will no longer be enforceable there. Just be careful IN California until you get the family out.

Remember, you can do a temporary 30-day loan to a friend of firearms. Maybe you have a good friend whom you trust that you can have hold onto them? You do not have to go through an FFL for this.

I have contacted a friend to take a majority of the guns for the remainder of our time here...my own personal defense stuff will be locked up and inaccessable.

CHS
02-08-2012, 10:05 AM
I have contacted a friend to take a majority of the guns for the remainder of our time here...my own personal defense stuff will be locked up and inaccessable.

I think that's a fantastic idea. Keeps you legal without having to give up or sell any of your guns.

Once you're done with the move, you and your Dad should go out on a nice father/son shooting trip to celebrate no longer being under the iron fist of California's control :)

winnre
02-08-2012, 10:08 AM
The five-year prohibition is a California thing.

The feds don't care about holds like this and only prohibit people who have been adjudicated by a court as mentally defective (which leads to a lifetime ban).

Since this is the case, moving to Ohio should make everything better as California law will no longer be enforceable there. Just be careful IN California until you get the family out.

Remember, you can do a temporary 30-day loan to a friend of firearms. Maybe you have a good friend whom you trust that you can have hold onto them? You do not have to go through an FFL for this.

So can he move out of state, buy a gun, then move back with his legal gun?

POLICESTATE
02-08-2012, 10:20 AM
Just another example of why people should be very careful what they tell shrinks. If I was feeling suicidal the last person I would tell would be a shrink, that's one of the biggest red flags you can raise.

Glad you worked out an interim solution and good luck with your move.

Flopper
02-08-2012, 10:25 AM
Just another example of why people should be very careful what they tell shrinks. If I was feeling suicidal the last person I would tell would be a shrink, that's one of the biggest red flags you can raise.

Glad you worked out an interim solution and good luck with your move.

Unintended consequences. . . so ridiculous.

OP-glad you got it worked out and I hope all goes well.

CHS
02-08-2012, 10:55 AM
So can he move out of state, buy a gun, then move back with his legal gun?

No, because he would still be a prohibited person inside California.

He can move out of state, buy a gun, shoot that gun, enjoy that gun, get a CCW for that gun, carry that gun, and move back to CA after 5 years. But he cannot move to CA with a gun until he is no longer a CA prohibited person.

GrizzlyGuy
02-08-2012, 11:14 AM
Believe it or not he is also prohibited from possessing ammo, mags, speed loaders, etc. so you will need to make arrangements for moving or storing those items as well. More info on that and how to go about getting the 5-year prohibition lifted is here (http://www.calguns.net/calgunforum/showpost.php?p=6283923&postcount=21).

Jeepers
02-08-2012, 11:28 AM
put a lock on your bedroom door and lock it when you are not in the room.. this worked for me with some folks that i let spend there house arrest with us years ago, if they dont have access to the weapons all is fine.. i was not req by LEO of probation to remove the guns from the house or get a safe ...

hvengel
02-08-2012, 12:14 PM
You need to start dosing your dad with some kirkland VitaminD from Costco. I helped a buddy out with depression & anxiety. He had ditched his anti-anxiety Rx and was having some severe withdrawal symptoms. Most americans are sunlight deprived. The max RDA dose is 2000 ui / day which happens to be the pill that's in the kirkland bottle. Best $9 you could spend.

Friend was normal within 24 hours and drug-free ever since 1.5 years ago. Best $6 for a year supply you could ever spend. I think we could cure 80% of america's mood disorders with a 2cent VitaminD supplement/day.

While this is not a direct solution to the OP's legal issue I agree with the above. Many individuals actually need 5,000 to 10,000 IU per day while some (perhaps because they get more sun) need smaller amounts depending on the season. A few months after starting to take vitamin D you should have your doctor do a blood test. Your target range should be between 50 and 80 ng/ml. Adjust your intake and retest every few months until you levels are in the right range.

My experience is that vitamin D is very beneficial for things relating to mood/mental state. It also has other benefits. For example there is STRONG evidence that higher levels result in lower rates of stroke and colon cancer.

Shellshocker66
02-08-2012, 1:36 PM
I understand the boxes part big time! House is full of them at the moment and I'm starting to understand how rodents feel when walking a maze.

As far as court to try and turn around the 5150, would your father even have that before March? I think you're probably better off just getting out of this state before the paperwork is even put on the table of some agent who will check to see if he owns guns.

Just lock them in cedar chests, trunks, safes, whatever or start breaking them down and sending them in parts to Ohio in advance.

Nachoman
02-08-2012, 3:09 PM
While this is not a direct solution to the OP's legal issue I agree with the above. Many individuals actually need 5,000 to 10,000 IU per day while some (perhaps because they get more sun) need smaller amounts depending on the season. A few months after starting to take vitamin D you should have your doctor do a blood test. Your target range should be between 50 and 80 ng/ml. Adjust your intake and retest every few months until you levels are in the right range.

My experience is that vitamin D is very beneficial for things relating to mood/mental state. It also has other benefits. For example there is STRONG evidence that higher levels result in lower rates of stroke and colon cancer.

This whole Vitamin D theory is interesting, might be one of those reasons that active people are happier. Not only because physical fitness makes you healthier, but also for the increased sun exposure of going outside.

MindBuilder
02-08-2012, 4:28 PM
If you loan handguns to somebody in California, they must have a handgun safety certificate. Your dad can give you a handgun in California without going to a dealer, but you must send in the registration form and fee within 30days. I think it is just a single $19 fee for all your handguns. You don't have to send in a registration for long gun gifts from a parent, but an advantage of doing that for at least the handguns is that it estabishes that gun transfers were made back on a given date if there are ever any accusations your dad is still the owner. Even if you don't register all the guns, your story that he gave the un-registered guns to you back on a certain date will be harder to dispute if you have evidence of some registered guns being transfered back then. You may want to get proof of mailing the registration. It is important to remember that if he is prohibited, it was probably required that he get rid of them as soon as reasonably possible. To many judges, that might mean the same day or even the same hour. So the date of transfer had better have been the day he became prohibited (or maybe the day he was released). If you didn't have a handgun safety certificate at the time your dad had to get rid of his pistols, that could be a big problem. If your dad loaned his guns to someone else, that might not get him off the hook of being prohibited from *owning* a gun.

If the cops start asking questions, they're liable to take all your guns and never give them back. In California at least, it is illegal to hide or take any stuff away with the intent to keep it out of reach of law enforcement. Of course I suppose if you send it ahead to where you're moving in Ohio, that would maybe be for the purpose of moving, not for the purpose of keeping it away from law enforcement.

I'm not a lawyer and it would be a bad idea to take my comments as legal advice. My understanding of the law could be easily mistaken or obsolete. To get good advice you need a lawyer familiar with the details of your circumstances.

You may be surprised how many guns you can get in a safe temporarily if you really cram them in there in a way that wouldn't be practical normally. But don't forget when packing that the door may stick into the safe surprisingly far when closed.

Trendkill
02-08-2012, 5:44 PM
If you loan handguns to somebody in California, they must have a handgun safety certificate. Your dad can give you a handgun in California without going to a dealer, but you must send in the registration form and fee within 30days. I think it is just a single $19 fee for all your handguns. You don't have to send in a registration for long gun gifts from a parent, but an advantage of doing that for at least the handguns is that it estabishes that gun transfers were made back on a given date if there are ever any accusations your dad is still the owner. Even if you don't register all the guns, your story that he gave the un-registered guns to you back on a certain date will be harder to dispute if you have evidence of some registered guns being transfered back then. You may want to get proof of mailing the registration. It is important to remember that if he is prohibited, it was probably required that he get rid of them as soon as reasonably possible. To many judges, that might mean the same day or even the same hour. So the date of transfer had better have been the day he became prohibited (or maybe the day he was released). If you didn't have a handgun safety certificate at the time your dad had to get rid of his pistols, that could be a big problem. If your dad loaned his guns to someone else, that might not get him off the hook of being prohibited from *owning* a gun.

If the cops start asking questions, they're liable to take all your guns and never give them back. In California at least, it is illegal to hide or take any stuff away with the intent to keep it out of reach of law enforcement. Of course I suppose if you send it ahead to where you're moving in Ohio, that would maybe be for the purpose of moving, not for the purpose of keeping it away from law enforcement.

I'm not a lawyer and it would be a bad idea to take my comments as legal advice. My understanding of the law could be easily mistaken or obsolete. To get good advice you need a lawyer familiar with the details of your circumstances.

You may be surprised how many guns you can get in a safe temporarily if you really cram them in there in a way that wouldn't be practical normally. But don't forget when packing that the door may stick into the safe surprisingly far when closed.

I have an HSC and a bunch of my own handguns...in fact..some might think Im a little mental about guns and that I may need some therapy. ;)


Isnt the handgun gifting from father to son a voluntary registration thing..? Voluntary is voluntary right..? I'll have to check.

Trendkill
02-08-2012, 5:48 PM
So I heard from my Mom today that the doctor told my father that they kinda screwed up with their diagnosis....and that the gun restriction thing might not be an issue. However...they may have just told my Dad that to calm him down and then he passed that on to my mom. I'll know more a bit later.

CHS
02-08-2012, 7:31 PM
If you loan handguns to somebody in California, they must have a handgun safety certificate. Your dad can give you a handgun in California without going to a dealer, but you must send in the registration form and fee within 30days. I think it is just a single $19 fee for all your handguns. You don't have to send in a registration for long gun gifts from a parent, but an advantage of doing that for at least the handguns is that it estabishes that gun transfers were made back on a given date if there are ever any accusations your dad is still the owner. Even if you don't register all the guns, your story that he gave the un-registered guns to you back on a certain date will be harder to dispute if you have evidence of some registered guns being transfered back then. You may want to get proof of mailing the registration. It is important to remember that if he is prohibited, it was probably required that he get rid of them as soon as reasonably possible. To many judges, that might mean the same day or even the same hour. So the date of transfer had better have been the day he became prohibited (or maybe the day he was released). If you didn't have a handgun safety certificate at the time your dad had to get rid of his pistols, that could be a big problem. If your dad loaned his guns to someone else, that might not get him off the hook of being prohibited from *owning* a gun.


Why would his dad be giving the guns to him?

Dad would be loaning guns to a family friend with an HSC for 30 days, during which Dad will be moving to Ohio. Once in Ohio, Dad is no longer a prohibited person, and friend can mail the guns back to him.

This is all legal. Requires no registration, and complies with both Federal and State gun laws.

GrizzlyGuy
02-08-2012, 7:38 PM
Why would his dad be giving the guns to him?

Dad would be loaning guns to a family friend with an HSC for 30 days, during which Dad will be moving to Ohio. Once in Ohio, Dad is no longer a prohibited person, and friend can mail the guns back to him.

This is all legal. Requires no registration, and complies with both Federal and State gun laws.

See MindBuilder's last sentence, the prohibition (http://law.onecle.com/california/welfare/8103.html)also applies to owning a gun (not just possession):

(f) (1) No person who 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, shall own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
for a period of five years after the person is released from the
facility.

See also DOJ's Power of Attorney form (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/sb950frm1107.pdf), it is used so that someone who doesn't own the guns can take possession and sell them on behalf of the prohibited owner. The form includes instructions and more info on this. In this case, an intra-family transfer from father to son is obviously the best way to go.

tradecraft
02-08-2012, 7:39 PM
Am I the only one who thinks your dad's suicidal thoughts trump the whole firearm issue? Get him some help please.

blazeaglory
02-08-2012, 7:47 PM
Am I the only one who thinks your dad's suicidal thoughts trump the whole firearm issue? Get him some help please.

Lol! Good point

Pandanin
02-08-2012, 7:53 PM
If he was 5150d, you're good to go when you leave CA. California Welfare and Institutions Code, sections 8100 - 8108 is only applicable within the state of CA.

If he was 5250d it'd be worse because it reaches into federal law territory which bans purchasing or possessing guns for life. 5250 = 14days of involuntary hold

My wife is an LCSW. Never disclose to a government employee anything you would not disclose to everyone on the street. Their job is not to help you but to do the state's bidding and do what the state thinks is best for you.

Good luck to you in OH.

CHS
02-08-2012, 8:02 PM
Am I the only one who thinks your dad's suicidal thoughts trump the whole firearm issue? Get him some help please.

That's totally absurd.

"Thinking" about suicide is completely different than "contemplating" suicide. I've thought about suicide. I've never once in my entire life actually contemplated it. But I've sure thought about it. I've thought about what it would be like, what I would experience, if anything, what would happen to my things, the social impact, the psychological impact, etc. It's a fascinating topic.

But just because I've thought about it does not mean I've ever contemplated it. I've never dealt with depression or life circumstances so dire that it would ever be an option. But it's interesting mental masturbation to think about.

blazeaglory
02-08-2012, 8:11 PM
That's totally absurd.

"Thinking" about suicide is completely different than "contemplating" suicide. I've thought about suicide. I've never once in my entire life actually contemplated it. But I've sure thought about it. I've thought about what it would be like, what I would experience, if anything, what would happen to my things, the social impact, the psychological impact, etc. It's a fascinating topic.

But just because I've thought about it does not mean I've ever contemplated it. I've never dealt with depression or life circumstances so dire that it would ever be an option. But it's interesting mental masturbation to think about.

Wow you can reeeally stretch an argument.

Your description and the topic of this conversation are two totally different things and you know it.

Why is it all you do is try to one up someones argument or argue against a person for no apparent reason? Because what you just said is "absurd" and I know you know what the person you quoted was referring to. Not the meer idea of "thinking" about suicide...Cmon man

CHS
02-08-2012, 10:19 PM
Wow you can reeeally stretch an argument.

Your description and the topic of this conversation are two totally different things and you know it.

Why is it all you do is try to one up someones argument or argue against a person for no apparent reason? Because what you just said is "absurd" and I know you know what the person you quoted was referring to. Not the meer idea of "thinking" about suicide...Cmon man

The doctor said "have you had thoughts about suicide", and the guy answered "yes" which immediately led to a 72-hour hold. There was no oversight, there was no clarification, just bam, 72-hours.

"Having thoughts about suicide" is not the same as "contemplating killing myself". At all. Period.

So to suggest that the guy shouldn't be around guns is absurd (without knowing all the facts and his actual mindset).

sephy
02-08-2012, 10:28 PM
The doctor said "have you had thoughts about suicide", and the guy answered "yes" which immediately led to a 72-hour hold. There was no oversight, there was no clarification, just bam, 72-hours.

"Having thoughts about suicide" is not the same as "contemplating killing myself". At all. Period.

So to suggest that the guy shouldn't be around guns is absurd (without knowing all the facts and his actual mindset).

Agreed. There is a fair amount of judgement that comes into play here. There is also a fair amount of "CYA" in the medical community leading to over-testing, over-prescription, and over-referral. In this case it may have led to a hold. I don't know the particulars of your case, but if you're leaving CA then more power to you.

Good luck. Sounds like you have a head on your shoulders.

hvengel
02-09-2012, 9:02 AM
This whole Vitamin D theory is interesting, might be one of those reasons that active people are happier. Not only because physical fitness makes you healthier, but also for the increased sun exposure of going outside.

Ten years ago there were only a handful of researchers looking at vitamin D and not much was know about it. Today there are hundreds of studies underway and the number of these have increased in almost exponential fashion over the last few years. Most of these studies are still underway so we still do not know much about what benefits it has but a few have been completed. For example, a study that ended about two years ago looked at colon cancer in women and found that adding 1000 UI/day resulted in at 60% reduction over a five year period. Most experts in the Vit D field believe that higher doses and longer periods of supplementation would give even better results. That alone is a compelling reason to supplement vit D.

But that is not where it ends. There are vit D respecters in almost all tissue types in the human body with about 1000 different respecter sites in human DNA. So it's range of activity appears to affect almost every system in the human body. If the new studies confirm the epidemiological data wide spread vit D supplementation could reduce total medical costs by perhaps 50% to 75% in the US since it appears to be a factor in a wide range of pathologies.

Hal

Trendkill
02-09-2012, 10:39 PM
The doctor said "have you had thoughts about suicide", and the guy answered "yes" which immediately led to a 72-hour hold. There was no oversight, there was no clarification, just bam, 72-hours.

"Having thoughts about suicide" is not the same as "contemplating killing myself". At all. Period.

So to suggest that the guy shouldn't be around guns is absurd (without knowing all the facts and his actual mindset).


Thankyou for reading my post accurately.....

Trendkill
02-09-2012, 10:51 PM
So heres the deal so far.....there is some discrepancy between what the nurses are saying and what my dad was told. They are saying that a 72 hr hold is a 72 hr hold...and that the 5 yr deal is in effect. This is even after my dads doctor told the "cuckoos nest" people that they should have never put him on a hold of any kind.

So.....the guns are staying in my posession till we all get to Ohio and then we'll be done with this nonsense , or theres a chance I may receive some piece of paper saying he's free and clear here , but Im not counting on it. He wasnt issued a 14 day involuntary so maybe worst case is he just has to ride this out for a few weeks.


As for the people commenting on his suicidal thoughts...my Dad grew up in a time where he thought doctors were looking out for you and the cop on the street corner was your friend. A little naivete played a part here. Yes...he has a thyroid disorder which is monitored by medicine which simulates thyroid hormones....and yes he has thought about suicide just like everyone else on this planet , but the difference is that he made the mistake of telling a doctor at a city medical facility of these fleeting thoughts. He simply went down to have his "levels" checked and his medicine tweeked to accomodate those levels. Its a bogus number they pulled on him...plain and simple.

Echidin
02-09-2012, 11:00 PM
Am I the only one who thinks your dad's suicidal thoughts trump the whole firearm issue? Get him some help please.

I'm actually pretty worried about it. I'm all for the right to possess firearms, but anyone who expresses suicidal or homicidal ideation has no business around them and i would side with the state on this one. Regardless of whether the OP thinks his father wouldn't actually commit suicide, any mention of it is to be taken very seriously. But then again what do I know, I've only had three neighbors and one friend commit suicide.

maker
02-09-2012, 11:05 PM
get him some GABA. It's an herbal supplement available at Mothers and other healthy type stores. It helps ones brain deal with stress. Great stuff. Totally safe.

Trendkill
02-09-2012, 11:34 PM
Regardless of whether the OP thinks his father wouldn't actually commit suicide, any mention of it is to be taken very seriously. But then again what do I know...??

You apparently "know" that you trust the state over the "family unit".

How would you like to have your right to own guns taken away so easily for five years by this precious "State" of yours..?

Imagine hypothetically , in you're gloriously perfect life you said something like "I wish I could kill that M-fu**er" after you were cut off in traffic. Imagine also that next to you in traffic is an always trustworthy "State Employee" that heard you , and then they commensed to turn you in for evaluation on homicidal tendencies..? You know...for your own good.

After a 72 hr BS evaluation you are stripped of your second amendment rights for 5 years due to a mometary "thought"......

Like was mentioned before....thoughts are thoughts and contemplation is another thing.



We're talking thought crimes here people......are we serious..?

GrizzlyGuy
02-10-2012, 8:35 AM
So heres the deal so far.....there is some discrepancy between what the nurses are saying and what my dad was told. They are saying that a 72 hr hold is a 72 hr hold...and that the 5 yr deal is in effect. This is even after my dads doctor told the "cuckoos nest" people that they should have never put him on a hold of any kind.

The bolded is correct. Once a person is admitted as a danger to themselves or others, the 5-year prohibition goes into effect even if the person is released from the hold 1 minute later. People often get admitted (and thus prohibited) before they have even been seen by a psychiatrist or doctor of any kind. A sign-off by the mental health professional, who may just be a nurse, is all that it takes.

It's a screwed up system but at least the state allows you to go to court and get the prohibition lifted (if the judge ends up agreeing with you).

ALSystems
02-10-2012, 2:25 PM
No, because he would still be a prohibited person inside California.

He can move out of state, buy a gun, shoot that gun, enjoy that gun, get a CCW for that gun, carry that gun, and move back to CA after 5 years. But he cannot move to CA with a gun until he is no longer a CA prohibited person.
Sounds like a rather screwed up system to me that is unique to California. It's designed to make as many people as possible prohibited users.

The people who write laws like this (sometimes called Bradys) really want to ban all gun ownership. They start with BS laws like this with full intention to expand it later. Then they wait for the next gun-related tragegy to exploit so they can pass the next law.

Trendkill
02-11-2012, 10:04 PM
Sounds like a rather screwed up system to me that is unique to California. It's designed to make as many people as possible prohibited users.

The people who write laws like this (sometimes called Bradys) really want to ban all gun ownership. They start with BS laws like this with full intention to expand it later. Then they wait for the next gun-related tragegy to exploit so they can pass the next law.


How correct you are....


I found it amazing how the nurses thought it wasnt a big deal saying stuff like "its not that bad...its just guns and its only five years..." all this after stripping away a Constitutional right without a court appearance or anything.


I cant believe we have allowed ourselves to be numbed so badly to the pressures and power of government in this State....and this nation.

Even though I move to OH soon.....it scares the bejesus outta me that crap like this will ultimately spread throughout the nation...it always seems to.

Stoner
02-12-2012, 12:50 PM
First let me say i have been retired for 5 years and things might have changed, but when i was still working this is what happened.

I came across an individual that was in possession of a hand gun. I had placed him on a 5010 W&I hold about a year prior. So there was a conversation about him being in possession of a firearm.

After several phone calls to the DA's office and well as a couple of judges i know i was told the placing of a person on a 5101 hold did not place the person on a 5 year no firearms restriction. It did allow you to take the firearms into custody for safe keeping. But at that time the firearms could only be held for 30 days. The person could not be restricted from firearms with out due process. If during the 30 days the person was not determined by the courts to be a danger to hime self or others, the firearms were to be released back to the owner.

If i were you i would make a few phone calls and determine the facts before i made any decisions.

arsilva32
02-12-2012, 2:47 PM
i think the entire 5 year thing is ridiculous,why just firearms why not um steak knives or keep him away from cars as well. a car can be a deadly weapon. they should have done a way more extensive evaluation before putting a restriction like this based on one stupid question.i think what CHS said is completely valid, thinking and contemplating are two totally different things.