Restoring firearm rights after 5150

[Fire50]

So I've read through a few posts on the matter but since my case seems to be a bit different I want to ask what should I expect during the hearing.

To give a bit of background for my story, when I was 17 I was having difficulty in school and told the counselor that I'm questioning why I'm here. They ended up calling some social workers (or something like that) from the school district and after talking to me they spoke to my mom and they told her that I will be put in under a 72 hour hold at a mental facility. The thing is, my mom decided to sign and agree with it (thus making the whole thing voluntary (maybe?) because I never got a notice that I was being put in there involuntary and I saw the other kids being given that but I'm not sure if it was really "voluntary" because I don't think I could just up and leave (probably because I was a minor or because of how California is)). I never appeared before a judge, it was just that social worker at school and the psychologist at the facility. I was not cuffed to the stretcher either, I pretty much just walked off in with the paramedics so I'm pretty sure it was not involuntary (and I don't know if voluntary is still 5150, they still put you on a 5 year hold anyways).

Anyways, after I spoke to the psychologist there the diagnosis was "Depression otherwise not specified." I ended up being released before the full 72 hours. All in all it was a very stupid situation, I ended up graduating from High School just fine and am in college now with a part-time job (my life is in order). It's been almost 4 years since then, my 21st birthday is coming up soon and I believe my father wants to help me out with purchasing a revolver for my birthday but I don't want there to be complications and have to wait another year. I already filled the request for the confidential hearing and submitted it with the clerk and have not gotten the letter yet.

My question is, what should I expect? What are they going to question me on? Should I go and see a psychologist now to help back my case up? And if that's something I should do then how do I go about it? Do I just tell them I need to be questioned by them so I can prove to the court I'm not a danger to myself? From what I read it seems that it's the responsibility of the respondent (the state) to prove that I would not be able to use a firearm in a safe manner but since I only get one chance I want to maximize my chances.

Thank you for any help you guys might give me, I have been on and off on this forum checking it out and finally decided to register sooo yay first post.

[jbooker9]

5150 is a 5 year hold on buying any firearms. You need to wait another year your dros will be denied and you will be out any fees. just wait one more year and start your collecting then.

[Fire50]

5150 is a 5 year hold on buying any firearms. You need to wait another year your dros will be denied and you will be out any fees. just wait one more year and start your collecting then.

Yes but there is a form to lift the hold early which is -> "REQUEST FOR HEARING FOR RELIEF FROM FIREARMS PROHIBITION"

[dustoff31]

If you were in fact 5150'd, the hold was not voluntary.

If it was voluntary, you were not, or should not have been 5150'd. You just went to the doctor.

You might want to look into exactly which one it was.

[Fire50]

If you were in fact 5150'd, the hold was not voluntary.

If it was voluntary, you were not, or should not have been 5150'd. You just went to the doctor.

You might want to look into exactly which one it was.

Considering my mother told me she agreed to it all and signed off on me it probably was voluntary but they still gave me a notice to sign on my way out that said that I would be prohibited from purchasing a firearm for 5 years. So if that's the case then maybe it was indeed a 5150 but if that was the case then I wonder why they never gave me a copy of why I was there. Every other person I saw there was given a paper that explained why they were there (and it said they were involuntary taken) but I wasn't involuntary taken so I never got the paper but I was still told I would be prohibited from getting a firearm... ???

Maybe that lady was just out of it at the end and never should've given it to me. I'll have to go digging through my records somehow and see how that'll pop up. Maybe I'll also be told by the court that such a prohibition doesn't exist either. What a great birthday present that would be.

[ElvenSoul]

There is a simple form to fill out to se if you are eligible. Have you done that yet?

Then go from there.

[Fire50]

There is a simple form to fill out to se if you are eligible. Have you done that yet?

Then go from there.

PFEC only checks criminal records as far as I'm aware.

[helpfuljack]

There's a lot of "it depends" here.

The safest course is to contact the relevant facilities and find out whether your hold was voluntary or an involuntary 5150 hold.

If it was a voluntary hold, then get a PFEC check, which will check the California records used to determine whether you're OK to own a firearm.

If that clears, then go ahead and enjoy your new revolver.

If it was an involuntary hold, then your best bet is most likely just to wait it out, rather than having the hearing.

Without a lawyer, your hearing has a pretty good chance of not turning out in your favor, and retaining an attorney is likely to cost more than the revolver you were planning on purchasing (unless you have very expensive tastes). Even with an attorney, things may not go well for you, so you'd be better off being patient.

[Fire50]

There's a lot of "it depends" here.

The safest course is to contact the relevant facilities and find out whether your hold was voluntary or an involuntary 5150 hold.

If it was a voluntary hold, then get a PFEC check, which will check the California records used to determine whether you're OK to own a firearm.

If that clears, then go ahead and enjoy your new revolver.

If it was an involuntary hold, then your best bet is most likely just to wait it out, rather than having the hearing.

Without a lawyer, your hearing has a pretty good chance of not turning out in your favor, and retaining an attorney is likely to cost more than the revolver you were planning on purchasing (unless you have very expensive tastes). Even with an attorney, things may not go well for you, so you'd be better off being patient.

Got info from one of the members here on just doing a live-scan. Hopefully I can get all that done and processed before that letter arrives to get a bit more info.

In the case that it does go to court and I have no choice I probably won't be able to cancel it so I'll have no choice but to go through with it. If it doesn't turn out in my favor then I guess I will have to wait that additional year but given what I've read from other members here on the forum it's worth giving it a shot given that almost 80% of the hold-time has passed.

[sakosf]

So I've read through a few posts on the matter but since my case seems to be a bit different I want to ask what should I expect during the hearing.

To give a bit of background for my story, when I was 17 I was having difficulty in school and told the counselor that I'm questioning why I'm here. They ended up calling some social workers (or something like that) from the school district and after talking to me they spoke to my mom and they told her that I will be put in under a 72 hour hold at a mental facility. The thing is, my mom decided to sign and agree with it (thus making the whole thing voluntary (maybe?) because I never got a notice that I was being put in there involuntary and I saw the other kids being given that but I'm not sure if it was really "voluntary" because I don't think I could just up and leave (probably because I was a minor or because of how California is)). I never appeared before a judge, it was just that social worker at school and the psychologist at the facility. I was not cuffed to the stretcher either, I pretty much just walked off in with the paramedics so I'm pretty sure it was not involuntary (and I don't know if voluntary is still 5150, they still put you on a 5 year hold anyways).

Anyways, after I spoke to the psychologist there the diagnosis was "Depression otherwise not specified." I ended up being released before the full 72 hours. All in all it was a very stupid situation, I ended up graduating from High School just fine and am in college now with a part-time job (my life is in order). It's been almost 4 years since then, my 21st birthday is coming up soon and I believe my father wants to help me out with purchasing a revolver for my birthday but I don't want there to be complications and have to wait another year. I already filled the request for the confidential hearing and submitted it with the clerk and have not gotten the letter yet.

My question is, what should I expect? What are they going to question me on? Should I go and see a psychologist now to help back my case up? And if that's something I should do then how do I go about it? Do I just tell them I need to be questioned by them so I can prove to the court I'm not a danger to myself? From what I read it seems that it's the responsibility of the respondent (the state) to prove that I would not be able to use a firearm in a safe manner but since I only get one chance I want to maximize my chances.

Thank you for any help you guys might give me, I have been on and off on this forum checking it out and finally decided to register sooo yay first post.

I will add, that a involuntary 72hr hold (5150) in a mental hospital is not considered "committed to a mental institution"

[SkyHawk]

PFEC only checks criminal records as far as I'm aware.

Correct, PFEC will only check in state criminal records, it will not check mental holds.

[RickD427]

You should check with the medical facility where you were treated to determine what authority you were treated under.

If you were 17 at the time, you should not have been admitted under WIC section 5150. The emergency mental health treatment authority for juveniles is WIC section 5585.50. The provisions are the same as for adult patients under section 5150.

The key difference is that 5150 commitments under the "Danger to Self" and "Danger to Others" clauses produce a five year firearms disability. There is no disability resulting from 5150 commitments under the "Gravely Disabled" clause. There is no provision for a firearms disability resulting from juvenile commitments under section 5585.50.

[Fire50]

You should check with the medical facility where you were treated to determine what authority you were treated under.

If you were 17 at the time, you should not have been admitted under WIC section 5150. The emergency mental health treatment authority for juveniles is WIC section 5585.50. The provisions are the same as for adult patients under section 5150.

The key difference is that 5150 commitments under the "Danger to Self" and "Danger to Others" clauses produce a five year firearms disability. There is no disability resulting from 5150 commitments under the "Gravely Disabled" clause. There is no provision for a firearms disability resulting from juvenile commitments under section 5585.50.

VERY interesting. I actually called the facility and apparently they don't have anyone in the medical record department on the weekends so I'll be calling on Monday.

What do you mean by "determine what authority you were treated under"?

[RickD427]

VERY interesting. I actually called the facility and apparently they don't have anyone in the medical record department on the weekends so I'll be calling on Monday.

What do you mean by "determine what authority you were treated under"?

They are pretty close to the same thing except that 5150 includes the firearms disability provision while 5585.50 does not.

However, 5150 does not contain any language preventing its application to juveniles. The general rule of law is that a specific law takes precedence over a general law where there is a duplication of provisions, like there is here.

If the hospital treated as a voluntary patient - no disability.

If the hospital treated under 5150 - Five year disability.

If the hospital treated under 5585.50 - No disability.

[FalconLair]

Considering my mother told me she agreed to it all and signed off on me it probably was voluntary but they still gave me a notice to sign on my way out that said that I would be prohibited from purchasing a firearm for 5 years. So if that's the case then maybe it was indeed a 5150 but if that was the case then I wonder why they never gave me a copy of why I was there. Every other person I saw there was given a paper that explained why they were there (and it said they were involuntary taken) but I wasn't involuntary taken so I never got the paper but I was still told I would be prohibited from getting a firearm... ???

Maybe that lady was just out of it at the end and never should've given it to me. I'll have to go digging through my records somehow and see how that'll pop up. Maybe I'll also be told by the court that such a prohibition doesn't exist either. What a great birthday present that would be.

Rick, did you happen to notice the highlighted part

might give a better idea of what he is dealing with