Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 09-20-2017, 1:22 PM
ARog ARog is offline
Member
 
Join Date: Feb 2014
Posts: 260
iTrader: 14 / 100%
Default 5150 Restoration of rights.

I have a coworker who was a Marine and I asked him if he shoots or wants to go shooting. He says he didn't. He told me about 3 years ago he went down to the VA because he was feeling depressed over a fellow Marines suicide and wanted to talk to someone about it. Long story short, they thought he was a danger to himself so they placed him on 5150.

I was just curious. If you are placed on 5150, is there anyway to restore your rights? Thanks.
__________________
Reply With Quote
  #2  
Old 09-20-2017, 1:28 PM
DVSmith DVSmith is offline
Cantankerous old coot
CGN Contributor - Lifetime
 
Join Date: Dec 2007
Location: The OC
Posts: 3,607
iTrader: 7 / 100%
Default

There are some good articles out there on this topic:

http://www.calgunlawyers.com/youre-n...r-a-5150-hold/

But in the end, he should talk to a lawyer.
Reply With Quote
  #3  
Old 09-20-2017, 2:17 PM
CAL.BAR CAL.BAR is offline
CGSSA OC Chapter Leader
 
Join Date: Nov 2007
Location: South OC
Posts: 4,396
iTrader: 7 / 100%
Default

Yes, a have done several of them for clients. However, they are expensive, time consuming and difficult to prevail on.
Reply With Quote
  #4  
Old 09-20-2017, 2:56 PM
RickD427's Avatar
RickD427 RickD427 is offline
Veteran Member
 
Join Date: Jan 2007
Location: King County
Posts: 4,969
iTrader: 5 / 100%
Default

Quote:
Originally Posted by ARog View Post
I have a coworker who was a Marine and I asked him if he shoots or wants to go shooting. He says he didn't. He told me about 3 years ago he went down to the VA because he was feeling depressed over a fellow Marines suicide and wanted to talk to someone about it. Long story short, they thought he was a danger to himself so they placed him on 5150.

I was just curious. If you are placed on 5150, is there anyway to restore your rights? Thanks.
It can be done. Please check out WIC section 8103 for the details.

But first make sure that there was a 5150 hold placed.

California law allows peace officers to take persons into custody and deliver them to a designated facility for evaluation and admission. The hold can only be placed by a mental health professional designated by the county. When I was in service there were very few folks holding the necessary designation. I'm not aware of any VA personnel so designated.
__________________
What is really needed here is less "Tactical" thinking and more "Strategic" thinking.
Reply With Quote
  #5  
Old 09-21-2017, 5:59 AM
guntrust's Avatar
guntrust guntrust is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jun 2009
Location: South Orange County, where I regularly provide free training in Estate Planning and Concealed Carry
Posts: 503
iTrader: 0 / 0%
Default

A trust (not just any gun trust) can be specially drafted to hold guns during the five year prohibition period.
__________________
Estate Planning for Gun Owners
Free training (at my office and at Front Sight) - get it here:
http://guntrust.org
Reply With Quote
  #6  
Old 09-21-2017, 6:39 AM
71MUSTY's Avatar
71MUSTY 71MUSTY is offline
Calguns Addict
 
Join Date: Mar 2014
Posts: 5,362
iTrader: 15 / 100%
Default

"he went down to the VA because he was feeling depressed over a fellow Marines suicide and wanted to talk to someone about it. Long story short, they thought he was a danger to himself so they placed him on 5150."


If he was actually 5150'd most likely this is indeed a long story made short. Probably more to it then he told you.

A 5150 is not a door prize they hand out just for showing up and being depressed.

I doubt any of us would tell the full story. That being said he should still appeal if he can.
__________________
We stand for the Anthem, we kneel for the cross


We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls.
Reply With Quote
  #7  
Old 09-21-2017, 2:38 PM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 2,284
iTrader: 0 / 0%
Default

And the VA psych unit can be consulted about a 5150 for a veteran already hospitalized for non psych

Quote:
6.Consultation & Liaison Psychiatry: The Consultation and Liaison (C&L) Section provides psychiatric evaluation and treatment services to veterans who are hospitalized in other (non-psychiatric) areas of the Medical Center. Consultative services include assessment of suicidality, assessment of acute mental status changes, management of depression and anxiety, management of psychotic behavior, determination of competency to make medical decisions and consent to medical procedures, and determination of need for involuntary psychiatric holds(5150).
https://www.longbeach.va.gov/LongBea...ntalHealth.asp

But still, like RickD said the vet should first confirm whether or not he was actually on a 5150. They may have admitted him as a voluntary.
Reply With Quote
  #8  
Old 10-15-2017, 7:48 PM
skilletboy's Avatar
skilletboy skilletboy is offline
Senior Member
 
Join Date: Feb 2010
Posts: 1,946
iTrader: 0 / 0%
Default

Quote:
Originally Posted by 71MUSTY View Post
"he went down to the VA because he was feeling depressed over a fellow Marines suicide and wanted to talk to someone about it. Long story short, they thought he was a danger to himself so they placed him on 5150."


If he was actually 5150'd most likely this is indeed a long story made short. Probably more to it then he told you.

A 5150 is not a door prize they hand out just for showing up and being depressed.

I doubt any of us would tell the full story. That being said he should still appeal if he can.
There sure is a lot of FUD on calguns on 5150s. Usually if you confess to a counselor or mental health professional any real suicidal contemplation, they're required to report you. Same if you show up to the ER with panic attacks and severe suicidal ideation.

Most 5150s happen not by police showing up somewhere for someone "flipping out" but bc of suspected suicidal ideation.
__________________
Quote:
"If the American people come to believe that the government is no longer constrained by the law then they will conclude that neither are they." - Michael Cannon, Cato Inst. 2014

_________________________________________

Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:51 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.