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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 04-25-2011, 5:58 AM
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Question Juvenile 5150 hold

Assume that a teen child has been taken to an ER and was then referred to a 72 hour psychiatric hold. Does this hold have any effect on his/her ability to participate in supervised shooting activities? What about life after 18? Is a 5150 hold something that goes away on one's 18th or 21st birthday?

I'm wanting to focus on the legalities of the issue, not weather or not it's a good idea.
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Old 04-25-2011, 7:42 AM
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There is a good summary of the legal aspects here.

AFAIK there is no distinction made for juveniles/minors vs. adults as the statutes say "any person".

If a person is admitted on a 5150 for either danger to themselves or danger to others (but not just gravely disabled), it triggers the automatic 5-year firearms prohibition. The prohibition includes possession, so supervised shooting would be a no-no and the person and supervisor (who provided the gun) would both be committing a crime. Note that the person can petition the court to get the prohibition lifted after they get out of the hospital.

Welfare and Institutions Code 8103 describes the 5150 firearms prohibition and the process for petitioning the court to get it lifted.
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Old 04-25-2011, 8:47 AM
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Being admitted on a 72 hour 5150 is nothing more than a psychiatric hold for evaluation pruposes to determine whether or not a person IS a threat to themsleves or someone else. The P.D. (or reasonable facsimile) is doing nothing more than taking the person in based on circumstances that warrant a POSSIBILITY the individual APPEARS to be a threat. During that 72 hours, if the psychiatrist determines positively the person is a threat, then that changes things. If a person is not found to be a threat within the 72 hours, then they must be released. The initial 72 hour admittance is nothing more than a precautionary measure.

I highly doubt the firearm prohibition would apply unless that person is determined to be a threat within the 72 hours, or if the individual actually did attempt to inflict harm on themselves or others. If one was admitted, but released within 72 hours (no apparent threat diagnosed) then the 5150 does not apply.

I am no lawyer, and I might be wrong, but I would look into it if he/she was released within the 72 hours. I am 90% sure that the 5150 stigma is not attached if released.
The circumstances leading to the juvenile's 5150 admission, and result of the admission will dictate.

Look into it, I'd like to know the outcome.
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Old 04-25-2011, 3:57 PM
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I highly doubt the firearm prohibition would apply unless that person is determined to be a threat within the 72 hours, or if the individual actually did attempt to inflict harm on themselves or others. If one was admitted, but released within 72 hours (no apparent threat diagnosed) then the 5150 does not apply.

I am no lawyer, and I might be wrong, but I would look into it if he/she was released within the 72 hours. I am 90% sure that the 5150 stigma is not attached if released.
You're wrong.

The firearms prohibition goes into effect the moment that the hospital elects to admit the person for assessment on a 5150 for suspected danger to self or others. It doesn't matter if they release you 10 minutes later with a clean bill of health and swear that you are a danger to no one: the prohibition is still in place and extends for 5 years from the time you leave the hospital. The prohibition can only be lifted if the person spends the time and money to go to court and the judge rules in their favor.
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