Gun rights restoration (Non Criminal)

[AetiusAbove]

A person close to me has a history of being commited to a mental health institution and currently takes meds for depression and bipolar disorder.

For the time being I know it's impossible, however, every time this person visits the doc, the prescription dosage gets reduced. I'm told that the meds will eventualy stop.

Therefore, in the near future, this person close to me will not be taking any meds.

Is there a process for this person to have their rights restored and one day get a LTC? (both Riverside and San Bernardino counties)

If not, then is it okay for me to leave my guns accessable for home defense when I'm not home?

I don't want to upset the apple cart because I intend to persue a career in law enforcement.

[Intimid8tor]

Mental disorders can wax and wain throughout a persons life. They may get better and go into a kind of remission only to have it come back. A mental disorder can mean many things. Straight depression, bipolar, personality disorder, etc, so it is hard to know the answer.

I don't know the legalities of it, but I would ask myself this: Do I want to be responsible if this person has access to firearms and gets into a mental state and hurts someone.

From the legal side of it, I believe (could be wrong) mental defect precludes someone from possessing firearms. As such, they would be violating the law if you left your firearms accessible.

[Fjold]

I wouldn't leave my guns accessible to anyone when I'm not home.

How can you know and trust every one of your friend's friends?

[OleCuss]

A person close to me has a history of being commited to a mental health institution and currently takes meds for depression and bipolar disorder.

For the time being I know it's impossible, however, every time this person visits the doc, the prescription dosage gets reduced. I'm told that the meds will eventualy stop.

Therefore, in the near future, this person close to me will not be taking any meds.

Is there a process for this person to have their rights restored and one day get a LTC? (both Riverside and San Bernardino counties)

If not, then is it okay for me to leave my guns accessable for home defense when I'm not home?

I don't want to upset the apple cart because I intend to persue a career in law enforcement.

They will likely be able to petition the court to get their rights restored. Depending on the diagnosis, treatment, and prognosis - it may work out pretty well.

In the meantime, if the firearm is secured on your person you should be OK. If you have not secured it that way, get something like a GunVault and secure it in that - it takes just a second or two to access the firearm.

And, of course, you need to have a gun safe.

[littlejake]

I see two problems for this person in the original post.
"committed" implies involuntary in-patient; and Bipolar is one of the major mental health disorders.

I'm far from an expert; but, I would guess the person will be ineligible for life. There is a process for petition; but both state and federal prohibitions must be addressed. It's a steep hill to climb.

Even if gun rights get restored, the present process for LTC in CA makes it a near certainty an LTC would be denied.

As for now, since you are aware the person is prohibited, you may not, should not, permit access to your arms. You risk losing your gun rights if you do -- and you set yourself up for criminal and civil sanctions.

It's apparent that you love this person -- my hat's off to you for that.

Kindest Regards,

Jake

[SVT-40]

Anyone with a "history" of being committed to a mental health institution (meaning multiple commitments) and is currently taking meds for depression and bipolar disorder has no business ever having access to firearms.

Bipolar disorder is something which is managed, not cured.

That does not mean you cannot ever have firearms. It does mean you absolutely need to have any firearms you possess in a safe, and your friend cannot have the combination.

[AetiusAbove]

Message received and understood.

What are my options then? stun gun/taser? pepper spray? pay for self defense classes?

[AetiusAbove]

In the meantime I guess I'm getting her a mastiff or similar large dog.

[OleCuss]

I'm not at all convinced you should be so pessimistic about rights restoration. I don't work directly in the area, but I've seen people who were suicidal get their rights restored.

I'd also note that we're talking a medical/mental health issue and in that context, a "history of" may mean being committed only once.

I also fail to see that a diagnosis of bipolar disorder means you cannot keep and bear arms. There are a few who are very bad and should never own/possess firearms, but this is not a general rule. A huge percentage of people who are bipolar have never been committed and have never had their rights restricted. A bipolar diagnosis does not equate to a restriction of your rights.

'Tis true, however, that bipolar disorder is not cured, only treated/managed. If someone tends to get suicidal or very manic then restricting their access could make good sense.

But do remember that if you are holding the firearm or have it holstered on your person that this is a manner of securing it and ensuring that the prohibited person does not have access to the firearm.

And while I endorse the idea of a regular gun safe, a GunVault is a type of safe and allows you to maintain nearly instant access.

But a good dog may be as effective for home defense as a firearm anyway. Everything has its limitations, however.

[AetiusAbove]

This person attempted suicide twice before, but that was years ago before meeting me.
I can't help being protective. I personally see to it all the women close to me are properly geared out. Call it being chivalrous.

I've recently learned there's a five year wait from last episode/relapse before I or they can petition the court

Can I then (in the meantime) take this person to the range with me and let her shoot my gun?
I know I'm threadjacking my own thread, but I don't see an issue with at least teaching the basics.
If for whatever reason I end up incapacitated, I want her to know what to do.

[p7m8jg]

W&I section 8103
5 year restriction if involuntarily committed to a mental health facility under 5150 W& as a danger to yourself or others.

If "voluntarily" committed, the restriction ends upon release.

Moral of the story is, if you're going through tough times and need mental health professional help, don't wait. Volunteer to go to counselling.

There is a procedure under 8103 W&I to get your rights restored. Look up the petition format and see if you qualify or not. When in doubt, see a lawyer and ask.

[OleCuss]

This person attempted suicide twice before, but that was years ago before meeting me.
I can't help being protective. I personally see to it all the women close to me are properly geared out. Call it being chivalrous.

I've recently learned there's a five year wait from last episode/relapse before I or they can petition the court

Can I then (in the meantime) take this person to the range with me and let her shoot my gun?
I know I'm threadjacking my own thread, but I don't see an issue with at least teaching the basics.
If for whatever reason I end up incapacitated, I want her to know what to do.

You can take her to the range, but don't let her touch a firearm. If you are restricted, you can't be handling weaponry even if it is on a range.

I'm not at all sure that the 5 year thing is the last word on things. I knew a guy who got suicidal, got admitted involuntarily, got his rights restored, and was fighting in Iraq within a year or two. He had to go to court, but he got it done.

[AetiusAbove]

Okay, Thanks. I'll have to go see if I can find the requisite forms and have them ready so she can fill them out once the meds stop.

[RickD427]

W&I section 8103
5 year restriction if involuntarily committed to a mental health facility under 5150 W& as a danger to yourself or others.

If "voluntarily" committed, the restriction ends upon release.

Moral of the story is, if you're going through tough times and need mental health professional help, don't wait. Volunteer to go to counselling.

There is a procedure under 8103 W&I to get your rights restored. Look up the petition format and see if you qualify or not. When in doubt, see a lawyer and ask.

The above is a good summary of California law. Also please keep in mind that Federal law also applies. If the person was adjudicated as mentally ill, or has been committed to a mental institution, then there is a lifetime firearms disability under 18 USC 922(g)(4).