View Full Version : Family member 5150

12-30-2012, 4:47 PM
I have a family member that lives with me that just got discharged from a mental health facility with a 5150. They were placed on 5150 after wrecking their vehicle and being disoriented, confused, and generally out of sorts at the emergency room. THe psychiatrist on duty wanted them evaluated as the family member was behaving erratic. They just released my family member as not being a danger. Is having the guns in a safe enough to comply with CA law or do the guns have to go off site?

12-30-2012, 4:53 PM
As long as the person who is involved does NOT have the ability to get into the safe, you're OK.

12-30-2012, 4:55 PM
I recommend getting confirmation from someone who knows the law. I remember a a few years ago this being discussed on here, and if I remember correctly it is not legal.

12-30-2012, 5:01 PM
Was the family member held for the entire 72 hours? He, or she, may need a lawyer to prevent a long term prohibition from firearm ownership...

12-30-2012, 5:11 PM
As long as the person who is involved does NOT have the ability to get into the safe, you're OK.

I agree. Note that the prohibition includes ammo and mags in addition to guns. Those need to be locked in the safe as well (or moved elsewhere for safe keeping).

12-30-2012, 5:48 PM
When someone has been placed on a 5150 W&I they may not purchase, own, or have access to firearms. Another important factor to remember is, the criteria used for placing the 5150. Was the reason checked on the form "danger to self", "danger to others", or "grave disability"? Weapons are only confiscated if the person was placed on a 5150 for being a "danger to self", "danger to others", or both. The "grave disability" criteria does not require that weapons or firearms are to be confiscated under the Department of Justice Rules. Also, if a patient's rights to own firearms were revoked due to a 5150 detention, the patient must be provided with a signed copy of the Department of Justice form that was signed in the hospital. From my experience, if a weapon is locked in a gun safe and the person does not have access to the firearms, the guns will not be confiscated.