Unconfigured Ad Widget

Collapse

ADVICE NEEDED: 5150 Relief from Firearms Prohibition

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • AK49-Alaskan
    Junior Member
    • Dec 2014
    • 6

    ADVICE NEEDED: 5150 Relief from Firearms Prohibition

    Hello,
    This is my first post here, however I have researched and enjoyed this forum for years.

    My question is this:
    Three years ago I was held on a 5150. My wife took me to the ER because I was seriously contemplating suicide, and I wanted help. So three years later the thought is this: the whole thing was due to a bad psychiatrist, a physical accident, and medicines.

    Anyway, without going into too much detail, the bottom line is I have returned to "normal" and have been doing well for many years now. I am currently under a doctors care for some physical impairments due to my accident, but not on any "mental" medicines. Furthermore, I have never had any issues with law enforcement, ever (except 1 speeding ticket).

    I would like to have my rights restored and not have to wait another two years if possible! Has anyone been through this, and give me an overview of the process? What "evidences" would I be required to prove my case?

    Also, I do not have the ability to hire an attorney. I haven't yet contacted the DOJ for the form 4009 to request a hearing. I wanted to see what you folks had to say first.

    Thanks.
  • #2
    AK49-Alaskan
    Junior Member
    • Dec 2014
    • 6

    Maybe I should have posted this in the "Litigation" area?

    BTW: I am currently a California resident. This whole ordeal was set in CA. I do hope to return to my Alaska home again, someday.

    Comment

    • #3
      teg33
      Veteran Member
      • May 2013
      • 3441

      5150 is serious matter, without lawyer you chance to get your right restored as fast as you want is pretty slim.

      The biggest obstacle is how to overcome DA opinion that you are not capable to use firearm in safe and lawful manner. My advice is to be patient, when you're done with 5 years prohibition, you can file a petition to get your right restored
      Last edited by teg33; 12-13-2014, 8:12 AM.

      Comment

      • #4
        teg33
        Veteran Member
        • May 2013
        • 3441

        An expert testimony and medical records stated that you're no longer a danger to yourself or others at the time of release will greatly help your case.

        Comment

        • #5
          Condorguns
          Still lost in the desert
          CGN Contributor - Lifetime
          • Dec 2007
          • 3302



          I would suggest a lawyer. You will also need statements from your mental health provider that he agrees this is a OK thing for you.
          You, you, and you: Panic. The rest of you, come with me.
          Incoming fire has the right of way.

          Comment

          • #6
            AK49-Alaskan
            Junior Member
            • Dec 2014
            • 6

            Thanks for the replies.
            As I stated I am unable to afford an attorney right now. I have waited these three years and would like to challange it. However, if I loose I will just have to wait the additional two years.
            It is my understanding though that the burden of proof is not mine to prove that I am/not competent.

            Comment

            • #7
              teg33
              Veteran Member
              • May 2013
              • 3441

              Originally posted by AK49-Alaskan
              Thanks for the replies.
              As I stated I am unable to afford an attorney right now. I have waited these three years and would like to challange it. However, if I loose I will just have to wait the additional two years.
              It is my understanding though that the burden of proof is not mine to prove that I am/not competent.
              I wish you good luck

              Comment

              • #8
                CaliforniaLiberal
                #1 Bull Goose Loony
                CGN Contributor - Lifetime
                • Jan 2008
                • 4690

                Experience has shown that you have very poor chances without a lawyer and medium chances with a lawyer. Save money and wait the two years.

                And Welcome to CalGuns!
                Better Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk
                CA Bill Search - https://leginfo.legislature.ca.gov
                California Rifle and Pistol Association - http://crpa.org/
                Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento'
                Second Amendment Foundation - http://www.saf.org
                Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.php

                Comment

                • #9
                  BigPimping
                  CGN Contributor
                  • Feb 2010
                  • 21441

                  Blame the wife......
                  sigpic

                  PIMP stands for Positive Intellectual Motivated Person

                  When pimping begins, friendship ends.

                  Don't let your history be a mystery

                  Comment

                  • #10
                    Steve_In_29
                    Banned
                    • Nov 2009
                    • 5682

                    A guy at work is going through this process with a lawyer and IIRC has about $7Kish sunk into it so far.

                    Comment

                    • #11
                      Custom ii
                      Member
                      • Apr 2013
                      • 319

                      I wish you luck, but I feel the process alone would take the better part of the two years you have remaining to wait.

                      Comment

                      • #12
                        TripleThreat
                        CGN Contributor
                        • Mar 2012
                        • 2622

                        I know very little about this subject matter, are you able (allowed) to go to a range and rent a weapon? If so, enjoy that for the next two years, play with what ever peaks your interest and take your time thinking about what weapons you really want.

                        Best of luck to you,

                        Triple
                        Last edited by TripleThreat; 12-14-2014, 10:42 AM. Reason: added "allowed"
                        1911 "The MILF of handguns"

                        LINK: 9mm Shootout: BHP vs 92A1 vs SP-01 vs P-01

                        Comment

                        • #13
                          MontClaire
                          Veteran Member
                          • Feb 2009
                          • 4859

                          Sorry to hear about your physical accident/injury. However, you need to really show that you are a normal guy now to have your gun rights restored. You had psychiatric help plus coo-koo pills.....this doesn't sound good.

                          Comment

                          • #14
                            The Gleam
                            I need a LIFE!!
                            • Feb 2011
                            • 12394

                            Save for six months to get the lawyer, rather than doing damage that becomes the 2 years.
                            -----------------------------------------------
                            Originally posted by Librarian
                            What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

                            If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

                            Comment

                            • #15
                              Trriemferent
                              Senior Member
                              • Sep 2012
                              • 1252

                              I think someone recently made a thread about this.... where they did everything on their own. let me see if I can find it

                              edit: found it. contact this guy to see how he did it.



                              good luck

                              Comment

                              Working...
                              UA-8071174-1