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rob86
09-12-2013, 2:46 PM
So a few months back I got to drunk and went to the hospital. I had grand mal seizures when I was younger and they called a 5150 on me because of it. I was never admitted and left the next morning. I talked to my detective to see if I would be on any lists because of obamacare and she said that she would get back with me if I were on any list in a couple days. Well Its been a couple months now and I haven't heard anything. I just don't want to buy another gun and have red flags go off and myself go to jail for buying a firearm or ammo when I shouldn't be. So if anyone knows where to check if you're on any lists that would be greatly appreciated. Thanks

mikeyfromsd
09-12-2013, 3:15 PM
http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/pfecapp.pdf?

This is one way to find out if you can own a firearm.

Sakiri
09-12-2013, 3:16 PM
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf

Fill this out, send it in with the fee, wait for answer.

Only thing one can tell you to determine if you're eligible to own firearms in the state.

If it turns out your ineligible for some reason, you may or may not be able to clear it up with a lawyer. I can't suggest anyone for you there.

Tincon
09-12-2013, 3:51 PM
You were placed on a 5150 hold for having tonic-clonic seizures? Or for being drunk?

rob86
09-12-2013, 4:30 PM
They called it a 5150 but I was not on a hold.

Gene1986
09-12-2013, 4:32 PM
Thats not a 51/50. Please read what a 51/50 is.

Medics197
09-12-2013, 4:34 PM
They called it a 5150 but I was not on a hold.

if you were not on a hold then you were not on a 5150. a 5150 is a 72 our hold due to being a danger to ones self and or others. if they didnt hold you the next 2 days afterwards then obviously you were not on a hold.

rob86
09-12-2013, 4:36 PM
ok I just wanted to make sure.

Sakiri
09-12-2013, 4:45 PM
Still if you're in doubt, I'd recommend filling out the form and sending it in.

My freaking sister got sent to the hospital once and wasn't placed under a psych hold, but she can't purchase arms because of it. -_- They want her to get a psych clearance first and she says she can't be hassled. /sigh

badge4436
09-12-2013, 5:25 PM
5150 WIC is an involuntary commitment for 72 hours by a peace officer or M.D. because a person has mental problems making them a danger to themselves or others, or is gravely disabled (meaning unable to care for themselves and there is no one around willing and able to care for you.) INVOLUNTARY. I have made over a 100 such commitments in my career. A judge has to order the person held longer than 72 hours. They rarely do in my experience. It seems to me that the state is expanding the classes of people in the PAP database in order to disarm them. The bureaucrats will deny that motive.

SVT-40
09-12-2013, 5:43 PM
So a few months back I got to drunk and went to the hospital. I had grand mal seizures when I was younger and they called a 5150 on me because of it. I was never admitted and left the next morning. I talked to my detective to see if I would be on any lists because of obamacare and she said that she would get back with me if I were on any list in a couple days.

Why do you have a "detective" assigned to your case???? Getting transported to the hospital for simply being drunk will not get you a criminal charge or a 5150 WIC.....

That is unless someone believes you were trying to kill your self by over drinking.....




Well Its been a couple months now and I haven't heard anything. I just don't want to buy another gun and have red flags go off and myself go to jail for buying a firearm or ammo when I shouldn't be. So if anyone knows where to check if you're on any lists that would be greatly appreciated. Thanks

If you were previously held on a 5150 WIC, you probably ARE prohibited.... It does not matter if you were held for the entire 72 hours...

Fill out and submit the suggested paper work listed above for the PFEC. That is the only real way to tell if you are in fact a prohibited person....

Medics197
09-12-2013, 6:53 PM
Why do you have a "detective" assigned to your case???? Getting transported to the hospital for simply being drunk will not get you a criminal charge or a 5150 WIC.....

That is unless someone believes you were trying to kill your self by over drinking.....






If you were previously held on a 5150 WIC, you probably ARE prohibited.... It does not matter if you were held for the entire 72 hours...

Fill out and submit the suggested paper work listed above for the PFEC. That is the only real way to tell if you are in fact a prohibited person....

working in the medical field if the patient is drunk and unwilling to go for their better well being firefighters or PD will and can put you on a 5150 strap you down and take you against your will. not suggesting that happened to the OP but its not that difficult to be put on a 5150 these days.

to my knowledge once someone is put on a 5150 it isn't easy to reverse and let go only a few short hours later, but i do agree that he should fill out the paperwork.

1911_sfca
09-13-2013, 3:13 AM
There is more to the story than what you're stating here, as many people go to the hospital for seizures and/or alcohol and do not get placed on a 5150.

A peace officer or licensed social worker can place someone on a 5150, but that has to be reviewed by an MD (psychiatrist) to be verified and for you to be held at the facility. After a 5150 is placed, you can not possess firearms for 5 years. You have one chance for an administrative hearing in front of a judge to declare you mentally fit (at THAT time, not the time the 5150 hold happened) and restore your right to possess firearms. If that doesn't work, you can wait the 5 years.

If you are reviewed after 72 hours and placed on a longer hold (in severe cases), that is a 5250 hold. Lifetime firearm ban.

9M62
09-13-2013, 3:40 AM
Just because you were released by the doctor prior to the 72-hour time period does not mean you weren't placed on a 5150 hold. You very well could have been. The Dr has the ability to shorten the hold if they seem neccessary. It doesn't lessen the fact that the person was held on a 5150

And I agree, there's much more to this story.

1911_sfca
09-13-2013, 10:25 AM
Just because you were released by the doctor prior to the 72-hour time period does not mean you weren't placed on a 5150 hold. You very well could have been. The Dr has the ability to shorten the hold if they seem neccessary. It doesn't lessen the fact that the person was held on a 5150

This is not about shortening the hold. The 5150 by a peace officer or clinician just gets the patient "to the front door" of the psychiatric care facility. The doctor in charge will then perform an assessment to determine whether the hold is actually appropriate. If not, you are cut loose. Otherwise the 72 hour hold is in effect. This is spelled out in paragraph 2 of 5151:

Prior to admitting a person to the facility for 72-hour treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or his or her designee shall assess the individual in person to determine the appropriateness of the involuntary detention.

As far as I understand, the gun rights prohibition wouldn't actually take effect unless the admitting psychiatric facility's medical staff agrees to the appropriateness of the hold. In other words, it would be deemed not to have happened, based on observations by medically untrained peace officers or social workers. Of course, this could vary from county to county in terms of implementations and I'm not an expert in the area of mental health facility operations or whether there are some statewide procedures and guidelines here, which I'd imagine there are. Just contributing a bit more context.

With respect to a doctor being able to release someone before the 72 hours, that is also correct -- whenever the person, who's being frequently reevaluated, is seen to no longer be a threat to others or themself, they would be cut loose (with a firearms prohibition). But that's entirely separate from what I was describing.

1911_sfca
09-13-2013, 10:32 AM
This should clarify further -- here is the relevant excerpt of WIC 8103(f)(1), emphasis added:

8103 (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. A person described in the preceding sentence, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).

DPmax
10-04-2013, 10:45 PM
I know I'm a bit late to this thread, but how would one sell the firearms they own once they have been banned from ownership via a 5150?

Hunt
10-11-2013, 11:12 AM
**this is California do not trust a single bureaucrat to do their job properly,** assume they all do their job wrong and follow up accordingly. One bureaucrat's error can cost an individual a lot and don't expect to be made whole in CA for bureaucrat errors.

rob86
10-11-2013, 4:07 PM
I wasn't arrested but had hand cuffs put on me because I was combative. When I got to the hospital they took them off and left. I had a detective because the police were called. I was not given any paperwork other the regular stuff about being intoxicated. I guess I'm fine since the detective didn't call me back and the hospital released me right away.

SVT-40
10-11-2013, 4:31 PM
I wasn't arrested but had hand cuffs put on me because I was combative. When I got to the hospital they took them off and left. I had a detective because the police were called.

Sorry, but you don't "get a detective" simply because the police were called.. That just does not happen..

Detectives followup on earlier criminal investigations.....Not just calls where no arrests are made and no police reports were taken.....


I was not given any paperwork other the regular stuff about being intoxicated. I guess I'm fine since the detective didn't call me back and the hospital released me right away.

What "paperwork other the regular stuff about being intoxicated" do you mean???

Was it from the police or the hospital?

Was it a release per 849PC?