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mag360
07-05-2012, 12:43 PM
if someone is held for 14 days as a juvenile under 5150/5250 what is their legal eligibility to own guns? can it be expunged? is it a non-issue now if it is more than 10 years ago?

littlejake
07-05-2012, 6:44 PM
IANAL --YMMY -- i.e. I could be wrong

5150/5250 is an involuntary commitment. I believe is a lifetime federal ban. No relief for age.

If the person really wants to pursue this -- I recommend a brief legal consult where all the details can be discussed under privilege of attorney client.

badicedog
07-05-2012, 6:51 PM
found this...
cape-inc.us/Resources/Documents/Minutes_Nor-Cal_7-28-11.pdf

5150 is 5 years ban
5250 is lifetime ban

Shotgun Man
07-05-2012, 7:13 PM
found this...
cape-inc.us/Resources/Documents/Minutes_Nor-Cal_7-28-11.pdf

5150 is 5 years ban
5250 is lifetime ban

The five-year ban under 5150 offends the 2nd and 14th amendments because one's commitment has not been subjected to judicial review-- not even a probable cause hearing-- nor does one have that right.

It is also arbitrary. Why five years? The person didn't even qualify for a 14-day hold.

The mere fact that one can appeal to a court to end the 5-year ban does not save this law from its constitutional infirmity.

wireless
07-05-2012, 7:40 PM
As stated above, you can go to court and appeal this decision.

It might also be different now that you are an adult. I have a juvenile vandalism charge from when I was a little dip**** five years ago, and it luckily didn't prevent me from buying a firearm. So, look into it.

littlejake
07-05-2012, 9:05 PM
The five-year ban under 5150 offends the 2nd and 14th amendments because one's commitment has not been subjected to judicial review-- not even a probable cause hearing-- nor does one have that right.

It is also arbitrary. Why five years? The person didn't even qualify for a 14-day hold.

The mere fact that one can appeal to a court to end the 5-year ban does not save this law from its constitutional infirmity.

I believe that's California law. Federal appears, prima facie more strict.

Yes, I believe it's unfair. If a person is well enough to function in society, a lifetime prohibition seems unreasonable (IMO.)

TRO's and RO's -- the Lautenberg Amendment is also very unfair. The RO is often sought in many divorce filings; and without merit. It's much abused. /OPINION

mag360
07-05-2012, 10:01 PM
I will recommend the person consult a firearms specific lawyer, Don Kilmer is a good nor-cal contact right?