Firearm seized, 5150, DVRO

[oc16]

So my buddy was arrested for acting like an idiot over a girl that did not like him. Long story short he attempted to commit suicide with a mosin, police came took the rifle and he was sent to a psych ward. He was cleared a few days ago so he asked me for a ride to pick up the firearm from the station. He was told he needed to pay a fee to DOJ for the release and wait 1 to 6 months for a letter with a golden sticker, Once he gets the letter the firearm would be released. Only catch is every 30 days the firearm remains in police custody he will need to pay a 100 dollar storage fee (6 months = 600). I called a FFL to see if we could get it transferred but I was told it would be to much red tape and the cost would exceed the price of the mosin. A few days she also placed a restraining order which bars him from owning the gun. When I told him about apps he looked confused and did not believe me when I told him the DOJ would come for his mosin if he got a hold of it.


This is the kind of crap those communist have established in California. If you get arrested the DOJ will make it way to costly to recover your property on purpose. As for the mosin it was a plain 91/30 that now belongs to Santa Ana PD

although this did not happen to me the thought of loosing a collection would be enough to make anyone stomach churn.

[Sticka]

Sorry, but I have no issue with people that have just gotten out the psych ward not being able to get their weapons back.

So my buddy was arrested for acting like an idiot over a girl that did not like him. Long story short he attempted to commit suicide with a mosin, police came took the rifle and he was sent to a psych ward. He was cleared a few days ago so he asked me for a ride to pick up the firearm from the station. He was told he needed to pay a fee to DOJ for the release and wait 1 to 6 months for a letter with a golden sticker, Once he gets the letter the firearm would be released. Only catch is every 30 days the firearm remains in police custody he will need to pay a 100 dollar storage fee (6 months = 600). I called a FFL to see if we could get it transferred but I was told it would be to much red tape and the cost would exceed the price of the mosin. A few days she also placed a restraining order which bars him from owning the gun. When I told him about apps he looked confused and did not believe me when I told him the DOJ would come for his mosin if he got a hold of it.


This is the kind of crap those communist have established in California. If you get arrested the DOJ will make it way to costly to recover your property on purpose. As for the mosin it was a plain 91/30 that now belongs to Santa Ana PD

although this did not happen to me the thought of loosing a collection would be enough to make anyone stomach churn.

[Oldmandan]

This is the kind of crap those communist have established in California. If you get arrested the DOJ will make it way to costly to recover your property on purpose. As for the mosin it was a plain 91/30 that now belongs to Santa Ana PD

Sorry, no pity from me. he got what he deserved. Cops just doing thier job. Your buddy just needs to grow up, hopefully this escapade will help him

[jcwatchdog]

So my buddy was arrested for acting like an idiot over a girl that did not like him. Long story short he attempted to commit suicide with a mosin, police came took the rifle and he was sent to a psych ward. He was cleared a few days ago so he asked me for a ride to pick up the firearm from the station. He was told he needed to pay a fee to DOJ for the release and wait 1 to 6 months for a letter with a golden sticker, Once he gets the letter the firearm would be released. Only catch is every 30 days the firearm remains in police custody he will need to pay a 100 dollar storage fee (6 months = 600). I called a FFL to see if we could get it transferred but I was told it would be to much red tape and the cost would exceed the price of the mosin. A few days she also placed a restraining order which bars him from owning the gun. When I told him about apps he looked confused and did not believe me when I told him the DOJ would come for his mosin if he got a hold of it.

This is the kind of crap those communist have established in California. If you get arrested the DOJ will make it way to costly to recover your property on purpose. As for the mosin it was a plain 91/30 that now belongs to Santa Ana PD

although this did not happen to me the thought of loosing a collection would be enough to make anyone stomach churn.

If he really did try to commit suicide, the Mosin is probably the least of his problems right now. In these cases, it was probably better it was taken away from him without any way of getting it back.

[RickD427]

It sounds like any effort to get the LEGR would pretty much be a waste of time.

If the trip to the mental ward was on a 5150 (danger to self or others), then he's a prohibited person for five years.

So long as there is a DVRO in effect, he is again a prohibited person during the time the order is in effect.

[elSquid]

So my buddy was arrested for acting like an idiot over a girl that did not like him. Long story short he attempted to commit suicide with a mosin, police came took the rifle and he was sent to a psych ward.

[johnthomas]

Between his nuthouse stay and the restraining order, I can't see him owning a gun for some time.

[jeffyhog]

Some people shouldn't have guns. Your buddy has shown that he is one of those people.

[Ki6vsm]

"Attempted" to commit suicide with a high-powered rifle? I'm assuming he never got as far as pulling the trigger. So not much of an attempt. Obviously some cry for attention. Yeah, not to be mean, but he needs to do some growing up.

Fortunately or unfortunately, gun owners in this state especially have to keep cool heads. We have to be civil to everyone. Don't get in spats with neighbors, don't get in loud fights with people we're dating. And obviously don't stalk people. Gun ownership is a "right" that can be taken away for a variety of reasons.

[oc16]

after all this its best he not own the firearm he had agreed to sell it for a few dollars if we were able to recover it. I heard story's of people unable to recover weapons from the police but I saw it all first hand.

[GW]

Sorry, but your friend is mentally unstable and should indeed be barred from gun ownership.
The 5150 AND the restraining order have made it illegal for him to even touch a gun.
I advise you to be careful with your guns while he is around.
Good luck and I hope your friend gets the help he needs.

[Librarian]

Moved to CA laws forum; a couple posts deleted as off-topic for the new forum.

[unusedusername]

As others have said, your friend is not getting his guns back anytime soon. This is a good thing based on the information you provided. I bet the person he was stalking sleeps better at night knowing her stalker does not have guns.

A 5150 involuntary hold at a mental treatment center automatically triggers a 5 year prohibition on possessing (holding) firearms. The restraining order also prohibits possession of firearms while it is in effect.

Make sure you do not allow your friend to have the possibility of holding any of your firearms or you would be guilty of the felony of providing firearms to a prohibited person. You want to make sure your stuff is locked up (not just hidden) when he visits your place. Do not take that friend to the range unless you want to lose your own gun rights.

If he owned an entire collection (say more then $100k in guns) then his lawyer could sue the police to allow him to sell the firearms to a gun dealer. The argument could be made that the money would help him recover. It isn't worth it to do that with a single gun as it will easily cost more then 50k in legal fees to get permission to sell it. You could check with legal counsel to figure out the real cost of these kinds of legal motions, but it probably isn't worth it for one $100 rifle.

[jdfthetech]

For once I agree with the gun laws. This is the exact reason that people should be denied their 2A rights. Your friend needs help, and I'm not saying that negatively.

There are reasons he is feeling he needs so much from a person, he needs to speak to a therapist and get those issues worked out.

A gun is the very least thing he needs.

A friend of mine who is a therapist always recommends this site to people who she knows is seeking help, so I will suggest it here:

https://www.psychologytoday.com/us/therapists

Good luck with your friend, I hope he can work through this and become healthy.

[kcheung2]

I'm just trying to figure out the physical logistics of trying to commit suicide with a 91/30. Those things are so long that the only body part one can shoot while holding the trigger is one's foot.

Unless the gun is strapped down and the trigger is string activated or somesuch.