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YubaRiver
01-25-2013, 1:37 PM
Do the laws apply for someone placed in a pysc. hospital for their own good
not related to threats to harm themselves or others. Eating disorders etc?

Rusty_Rebar
01-25-2013, 1:41 PM
Cal. Welfare and Inst. Code §§ 8100 - 8108
A person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:

Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;

Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;

Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;

Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;
Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism

A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of six months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims (see § 8105(c)).

It does not seem like an eating disorder would raise to the level of a firearms ban according to CA current laws. Who knows what will happen next year though.

GrizzlyGuy
01-25-2013, 1:45 PM
The 5150 5-year firearms prohibition only applies if a person is considered to be a danger to themselves or a danger to others. If the eating disorder is serious enough then I suppose it might be considered to be a danger to themselves.

If a person goes to the hospital voluntarily, then there is no firearms prohibition. A 5150 is an involuntary hold.

Kodemonkey
01-25-2013, 1:47 PM
I believe you have to have a 5150 or 5250 admission into a hospital.

I don't believe that an eating disorder or even substance abuse treatment will bar you. As long as you are not currently addicted to a controlled substance of course.

Doheny
01-25-2013, 1:56 PM
The link below seems pretty explanatory. If you're placed on an involuntary hold, it’s because you're a danger to yourself, others or you can't care for yourself. I'm not sure how an eating disorder would be viewed.


http://www.mabpro.com/resource/docs/cal_firearmsProhibitionForm.pdf

(FYI, is from a specific medical facility, but seems to explain things pretty well.)

sakosf
01-25-2013, 1:59 PM
OP, I would not worry about it. I think it is best to concentrate on getting your eating disorder until control.
The type of person the gun prohibition is directed at would be someone like my neighbor. Years ago she (neighbor) attacked my front door in the middle of the night with a hammer and screamed I am going top "kill you". This was in an apartment building. From her ramblings earlier, it seemed she thought George Bush was in my apartment and he was having her spied on. When the police showed up and knocked on her door, she refused to open the door and threatened to call the FBI. Finally, with help from the landlady, the police gained entry and one of the officers was attacked. Needless to say, they took her away in handcuffs. She was gone for about 3 weeks, from what I heard, she was in a mental institution during that time