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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#1
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5150 question
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
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#2
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http://oag.ca.gov/sites/all/files/ag...s/pfecapp.pdf?
This is one way to find out if you can own a firearm. |
#3
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http://oag.ca.gov/sites/all/files/pd...ms/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. |
#4
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You were placed on a 5150 hold for having tonic-clonic seizures? Or for being drunk?
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#7
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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.
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NRA Life Of Duty Member
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#9
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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 |
#10
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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.
Last edited by badge4436; 09-12-2013 at 4:39 PM.. |
#11
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Quote:
That is unless someone believes you were trying to kill your self by over drinking..... Quote:
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....
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Poke'm with a stick! |
#12
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Quote:
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.
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NRA Life Of Duty Member
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#13
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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. |
#14
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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. |
#15
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Quote:
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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. |
#16
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This should clarify further -- here is the relevant excerpt of WIC 8103(f)(1), emphasis added:
Quote:
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#17
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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?
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Never follow the advice of Calguns Addicts, They clearly don't know what they are talking about. |
#18
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**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.
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Protect public lands access http://www.backcountryhunters.org/ |
#19
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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.
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#20
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Quote:
Detectives followup on earlier criminal investigations.....Not just calls where no arrests are made and no police reports were taken..... Quote:
Was it from the police or the hospital? Was it a release per 849PC?
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Poke'm with a stick! |
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