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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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  #1  
Old 09-11-2011, 10:23 AM
Blacky Blacky is offline
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Default If a person was ever considered 5150, could they purchase a firearm?

If a person was ever considered 5150, could they purchase a firearm? I live in a small community, as it happens a particular HOA board member has told another board member... and so on... as gossip goes, that a friend of mine is 5150 and can't buy guns.

Since Ive known this person he has purchased at least 6 handguns and 3 long guns.

He is considering suing.

Wouldn't the DOJ have more knowledge about this than a gossiping neighbor?
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Old 09-11-2011, 10:52 AM
socalblue socalblue is offline
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5150 carries a time stamp (Have to look it up but I recall 10 years?). 5250 is a lifetime ban.

Your friend needs to verify whether he was 5150 or 5250 as there is a HUGE difference in how it changes his life.
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Old 09-11-2011, 11:43 AM
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5150 carries a time stamp (Have to look it up but I recall 10 years?). 5250 is a lifetime ban.

Your friend needs to verify whether he was 5150 or 5250 as there is a HUGE difference in how it changes his life.

I thought it was 5 years....
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Old 09-11-2011, 11:52 AM
Blacky Blacky is offline
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I guess my point is he wouldn't have passed the purchase paperwork, especially for a handgun, that is if he was ever even actually declared to have any kind of mental problem in the first place. I cant imagine the paper work is a hoop to jump through for nothing.

Wouldn't the DOJ be aware of any problems?
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Old 09-11-2011, 12:46 PM
adriantimatter adriantimatter is offline
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5150 is five years. I know someone who was held on one, and five years and a few months later, he bought his first gun with no problems. I would trust him with my life.
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Old 09-11-2011, 2:25 PM
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So basically there is nothing stopping someone who is mentally ill from buying firearms? I guess I didn't phrase my question correctly, wouldn't the DOJ deny any firearm dealer request sale or transfer form? The DOJ should have this recrord, no?
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Old 09-11-2011, 2:44 PM
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So basically there is nothing stopping someone who is mentally ill from buying firearms? I guess I didn't phrase my question correctly, wouldn't the DOJ deny any firearm dealer request sale or transfer form? The DOJ should have this recrord, no?
http://www.disabilityrightsca.org/pubs/542501.htm says...

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If you are placed on a 72-hour hold (also known as a 5150[1]) as a danger to self or others and admitted to a facility for treatment, you are prohibited from purchasing or possessing firearms while you are in the facility and for five years from the date of admission to the facility. When you are admitted to a facility as a danger to self/others, the facility is required to notify the state Department of Justice. The Department of Justice then adds your name to the state mental health firearms prohibition database.
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Old 09-11-2011, 2:48 PM
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So basically there is nothing stopping someone who is mentally ill from buying firearms? I guess I didn't phrase my question correctly, wouldn't the DOJ deny any firearm dealer request sale or transfer form? The DOJ should have this recrord, no?

I think since 2000ish the CA DOJ required all mental health institutions to report 5150's and inform the patient that they are on a 5 year restriction. So yes they would have the record and if he was not eligible he should not be able to purchase. Now devils advocate if he was recently 5150'd it might not have got to the system yet, someone lost the record, or it has been more then 5 years since it occurred.

Another option is going before a judge to get the firearm rights restored. There have been many cases where someone just said the wrong thing to the wrong person and they wind up with a 3 day vacation. So people who feel they committed unjustly can have their rights restored.
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Old 09-11-2011, 3:11 PM
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A 5150 is a 72 hour involuntary hold and is placed on a person who is either a danger to themselves/others OR is gravely disabled and cannot take care of themselves. Most people think 5150s are a bunch of raving lunatics but a lot of the times it is because of medical reasons when people are just severly intoxicated needing hospitalization or grandma/grandpas that want to go home but can't take care of themselves. After the 72hour period they are reassessed and either go home or a judge places them on a 5250 which is a 14 day hold.

Anyways, I'm not sure how 5150s show up on any type of criminal/psychiatric history or background check when you buy a gun, but most of the time after the 72 hours are up they are cleared and are your every day average Joes/Janes who may have just wound up in the drunk tank but are good to go now that they are sober. This is of course if there is no criminal charges placed...
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Old 09-11-2011, 3:27 PM
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That clears up a lot of things. Considering they way all this was communicated to me I recommended he contact an attorney to find out if he had a slander case.

EDIT: Apparently he spent an hour at an ER, was given a Xanax and sent home after an hour and like I said this was well over 5 years ago.

Last edited by Blacky; 09-11-2011 at 3:31 PM..
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Old 09-11-2011, 4:00 PM
Kid Stanislaus Kid Stanislaus is offline
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If a person was ever considered 5150.....

That depends on just WHO is doing the considering. My ex-wife sez I'm crazy but I still buy guns!
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Old 09-11-2011, 4:20 PM
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Out of curiosity, how does anyone know he has been 5150'd? That is protected and confidential information. Nobody should be discussing that type of info if he did not authorize it. Did he disclose that information willingly?
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Old 09-11-2011, 4:41 PM
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That depends on just WHO is doing the considering. My ex-wife sez I'm crazy but I still buy guns!
+1 on that, every time I buy a gun my girl always tells me what a nice ring I could have bought her instead. She texts me pictures of rings at Costco.

Back on topic up until about a week ago I thought 5150 was just a Van Halen album title.
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Old 09-11-2011, 4:43 PM
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Out of curiosity, how does anyone know he has been 5150'd? That is protected and confidential information. Nobody should be discussing that type of info if he did not authorize it. Did he disclose that information willingly?
Nope, and I say thats just another reason to seek legal counsel.
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Old 09-11-2011, 6:58 PM
sw99 sw99 is offline
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Quote:
Originally Posted by Bedpan Bandit View Post
A 5150 is a 72 hour involuntary hold and is placed on a person who is either a danger to themselves/others OR is gravely disabled and cannot take care of themselves. Most people think 5150s are a bunch of raving lunatics but a lot of the times it is because of medical reasons when people are just severly intoxicated needing hospitalization or grandma/grandpas that want to go home but can't take care of themselves. After the 72hour period they are reassessed and either go home or a judge places them on a 5250 which is a 14 day hold.

Anyways, I'm not sure how 5150s show up on any type of criminal/psychiatric history or background check when you buy a gun, but most of the time after the 72 hours are up they are cleared and are your every day average Joes/Janes who may have just wound up in the drunk tank but are good to go now that they are sober. This is of course if there is no criminal charges placed...
Even though the person may be held for only 72 hours, the resulting prohibition on owning firearms is for 5 years. And yes, 5150s must be reported to DOJ, and show up the background check if/when the person tries to purchase a firearm.

5250s are lifetime prohibitions.
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Old 09-12-2011, 7:26 AM
Kid Stanislaus Kid Stanislaus is offline
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..........every time I buy a gun my girl always tells me what a nice ring I could have bought her instead. She texts me pictures of rings at Costco.

Send her back a photo of a nice Wilson Combat Classic Supergrade!!
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Old 09-12-2011, 7:45 AM
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Send her back a photo of a nice Wilson Combat Classic Supergrade!!



You sure know how to score points.....
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Old 09-12-2011, 8:22 AM
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Even though the person may be held for only 72 hours, the resulting prohibition on owning firearms is for 5 years. And yes, 5150s must be reported to DOJ, and show up the background check if/when the person tries to purchase a firearm.

5250s are lifetime prohibitions.
+1

Note also that:

1) The 5150 firearms prohibition (described in Welfare and Institutions Code Section 8103 (f)) only comes into effect if a person was assessed as a danger to themselves or others. It does not come into effect for the other variety of 5150: gravely disabled.

2) The firearms prohibition also applies to ammo and magazines as per 12316 PC.

3) A person can get the firearms prohibition lifted in less than 5 years by petitioning the court. The process for getting it lifted earlier is in Welfare and Institutions Code Section 8103 (f) as well.

There is more good info on the topic from Michel & Associates here.
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