Can DOJ seize for treatment for depression

[C21Peacemaker]

An acquaintance just called to ask for information regarding a friend who had the DOJ pull up to his house (2 black SUVs), pound on the door and order he surrender his weapons or be arrested. They did not have a search warrant. They told him he had been treated for depression so they were taking his guns. All guns were properly stored and registered. They refuse to return them. What can he do?

[Librarian]

1. Lawyer, who will have specific knowledge of the whole set of facts.

Generally 'treated' on its own is not a gun issue under CA law. Being held involuntarily, 'danger to self or others' is the usual threshhold.

[Undertaker]

This happened 2 weeks ago in a small central valley town.

[CALI-gula]

An acquaintance just call to ask for information regarding a friend who had the DOJ pull up to his house (2 black SUVs), pound on the door and order he surrender his weapons or be arrested. They did not have a search warrant. They told him he had been treated for depression so they were taking his guns. All guns were properly stored and registered. They refuse to return them. What can he do?

Seems like some gaps as wide as the Grand Canyon and hyperbole in that story. Some aren't even logical and outside the law even for crazy CA.

1 post since Feb 2010? C'mon.

.

[C21Peacemaker]

Did you ever hear the story about the 6 year old boy who didn't speak? Parents took him to a number of specialists over the years trying to determine why he didn't talk. One morning at breakfast he said "The oatmeal's lumpy." His mother about fell over .. "You can talk! Oh my gosh, when did this happen? How long have you been able to talk? Why haven't you ever spoken?" The boy responded with "Everything's been going okay, no need to speak ... this morning the oatmeal was lumpy."

I didn't have anything to contribute or ask until now. I've passed on the suggestion of a gun rights attorney and will update when there is something to update.

[C21Peacemaker]

Thanks for the suggestion; I'm passing it on.

[readysetgo]

Likely APPS (Armed & Prohibited Persons System), read up C21...

Funded via robbery of gun owners to rob gun owners of guns. Sweet deal huh?

Too late for the friend but for future reference:

Page 9

[C21Peacemaker]

Thanks readysetgo! I especially appreciate the don't "consent" to search info.

[jeremiah12]

An acquaintance just called to ask for information regarding a friend who had the DOJ pull up to his house (2 black SUVs), pound on the door and order he surrender his weapons or be arrested. They did not have a search warrant. They told him he had been treated for depression so they were taking his guns. All guns were properly stored and registered. They refuse to return them. What can he do?

There has to be more to the story. One does not lose gun rights just for being treated for depression. That would affect a significant number of Calgunners and gun owners in general. We would be hearing about it.

It only becomes an issue if the person becomes a danger to self or others and is reported. So, if the person is getting treated by a mental health professional and says something to that professional to cause concern, then that professional has a duty to report it.

If your friend was involuntarily held on a 5150 for being a danger to self or others, then he could be prohibited.

Under the new CA, if a relative (or a friend IIRC) reports the possibility that he might have issues, his guns can be removed temporarily until a hearing can be held.

Ultimately, there is a lot missing from the story. Your friend needs a very good attorney that understands gun law and whatever issue caused the DOJ raid. Ask your friend if he wants a referral to a good gun attorney and if he does come back here and you will get that.

You can help you friend more by not posting any more of the story.

Finally, it cannot be said enough, tell anyone you know, if the DOJ knocks on your door, if they do not have a warrant, do not let them in. Do not fall for their scare tactics of if you do not let us in we will arrest you. If they were going to arrest you, they would have done it. Your answer is I do not answer questions without my attorney present, good bye. Close the door. If they break the door down, so be it. A broken door is the proof you did not let them in voluntarily. Your attorney can use that in your defense.

[RickD427]

An acquaintance just called to ask for information regarding a friend who had the DOJ pull up to his house (2 black SUVs), pound on the door and order he surrender his weapons or be arrested. They did not have a search warrant. They told him he had been treated for depression so they were taking his guns. All guns were properly stored and registered. They refuse to return them. What can he do?

There is no source of legal standing for law enforcement personnel to seize firearms simply because a person is under treatment for depression.

If someone thinks that it happen "two weeks ago in small central valley town", I'm gonna call BS on the claim. Please back it up if you believe it to be true.

There are several sources of legal standing for officers to seize weapons from folks undergoing some form of psychiatric distress, but none are so broad as to allow seizure simply for treatment.

If a person is admitted for treatment under the "danger to self" or "danger to others" clauses of W+I section 5150, their weapons may be seized.

If a person makes a serious threat against an identifiable person, to a licensed therapist, their weapons may be seized.

If a person has been adjudicated by a court as being a danger to others and mentally disordered, their firearms may be seized (California law).

If a person has been adjudicated as a mental defective, their firearms may be seized (Federal Law). I'm not being unkind to such folks by the use of the word "defective". It's the word used in the statute.

Please give a review to Welfare and Institutions Code sections 8000-8108 along with 18USC922 for the details.

[Oceanbob]

FUD story until more details are received.

my favorite part was the 2 Black SUV's......

[blackberg]

Are you sure it was DOJ and not 2 random people looking for free guns ?

[thomashoward]

FUD story until more details are received.

my favorite part was the 2 Black SUV's......

This does not pass the sniff test. There are thousands upon thousands of people being treated for depression

[C21Peacemaker]

The person has been referred to a good firearms attorney.
I repeated the details exactly as I was told.
It was in a small Central Valley town.

I again appreciate the advice about unlawful gun seizing and not opening door without a warrant. Although I've only needed a divorce attorney in the past, I now have a firearms attorney among my cell phone contacts.
Thank you!

[keenkeen]

The person has been referred to a good firearms attorney.
I repeated the details exactly as I was told.
It was in a small Central Valley town.

I again appreciate the advice about unlawful gun seizing and not opening door without a warrant. Although I've only needed a divorce attorney in the past, I now have a firearms attorney among my cell phone contacts.
Thank you!

You or your acquaintance or his friend are not being truthful about the full story.