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Old 05-03-2021, 9:31 PM
TomMcC TomMcC is offline
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Default 5150

I know a person that got 51050'd. I know he can't possess guns for 5 years, but what about ammo and mags. I looked and looked but couldn't find anything on this. Anyone know the skinny on this or can point me to a web site?
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Old 05-03-2021, 9:36 PM
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Penal Code section 30305:
(a) (1) No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition.
Welfare and Institutions Code section 8103 is the law that prohibits people who have had a 5150 hold from having firearms.
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Old 05-03-2021, 9:53 PM
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Originally Posted by ΜΟΛΩΝ ΛΑΒΕ View Post
Penal Code section 30305:
(a) (1) No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition.
Welfare and Institutions Code section 8103 is the law that prohibits people who have had a 5150 hold from having firearms.
Please keep in mind that WIC 8103 only prohibits persons held under the "Danger to Self" or "Danger to Others" clauses of WIC 5150.

There is no firearms prohibition on folks who were held under the "Gravely Disabled" clause of section 5150.
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Old 05-03-2021, 10:07 PM
TomMcC TomMcC is offline
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I'm pretty sure he got the "danger to self" part of the law. The DOJ took all his guns. Right now I have all his mags and ammo, and I wanted make sure what was what before I gave anything back to him. I'm keeping the ammo as of now, might give the mags back, not sure on the mags. He's not thinking straight and I don't want him to get into even more trouble.

Thanks for the info.
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Old 05-03-2021, 10:14 PM
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SkyHawk SkyHawk is offline
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Originally Posted by TomMcC View Post
I'm pretty sure he got the "danger to self" part of the law. The DOJ took all his guns. Right now I have all his mags and ammo, and I wanted make sure what was what before I gave anything back to him. I'm keeping the ammo as of now, might give the mags back, not sure on the mags. He's not thinking straight and I don't want him to get into even more trouble.

Thanks for the info.
If he is prohibited then even magazines are illegal to possess. Magazines are treated as ammunition for the purpose of prohibited possessors:

https://leginfo.legislature.ca.gov/f...ctionNum=16150

Quote:
16150.
(a) As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, “ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(b) As used in subdivision (a) of Section 30305 and in Section 30306, “ammunition” includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. “Ammunition” does not include blanks.
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Old 05-03-2021, 10:35 PM
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Originally Posted by TomMcC View Post
I'm pretty sure he got the "danger to self" part of the law. The DOJ took all his guns. Right now I have all his mags and ammo, and I wanted make sure what was what before I gave anything back to him. I'm keeping the ammo as of now, might give the mags back, not sure on the mags. He's not thinking straight and I don't want him to get into even more trouble.

Thanks for the info.
If that's the case, then I would not return the mags. Please see "SkyHawk's" posting above. He nailed it.

It also may be worth taking a gander at the U.S Supreme Court's decision in Henderson v U.S.. That case makes clear the right of a prohibited person to sell their firearms (and presumably ammunition and magazines) in order to recoup their value.

Getting your friend back on his feet is far more important than anything else. Hang in there and be a good friend.
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Old 05-03-2021, 10:35 PM
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Thanks Skyhawk for that additional info. I'll keep the mags too now.
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Old 05-03-2021, 10:44 PM
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If that's the case, then I would not return the mags. Please see "SkyHawk's" posting above. He nailed it.

It also may be worth taking a gander at the U.S Supreme Court's decision in Henderson v U.S.. That case makes clear the right of a prohibited person to sell their firearms (and presumably ammunition and magazines) in order to recoup their value.

Getting your friend back on his feet is far more important than anything else. Hang in there and be a good friend.
I talked to the DOJ for a bit, went brain dead and forgot to ask them about the mags and ammo. They did tell me he could transfer the guns to me or another person and we could coordinate that later. He's probably going to lose the AR's though. One's a BB gun (registered AW BB) and the other is a wobbler (maybe not) AR with one of those bcgs that turns it into a non gas operated manual pull action. We'll see.
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Old 05-04-2021, 9:01 PM
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I talked to the DOJ for a bit, went brain dead and forgot to ask them about the mags and ammo. They did tell me he could transfer the guns to me or another person and we could coordinate that later. He's probably going to lose the AR's though. One's a BB gun (registered AW BB) and the other is a wobbler (maybe not) AR with one of those bcgs that turns it into a non gas operated manual pull action. We'll see.
Strip the ARs down to bare receivers before turning them in. Keep all the other parts - if it is still possible. If LE has them already then it is probably too late.
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