Rescuing my sons guns from the Police

[Hayduke Lives]

Ok I know not to ask for legal advice here. I'm not.
We will be talking with real legal help hopefully next week.
Just looking for advice from community

My step son just lost all of his guns to the police.

He was drinking and said something stupid about jumping off a bridge.
A younger girl got concerned and called the cops. So police gave him the opportunity to hand over all his guns. I think he did this voluntarily under the impression they would not 5150 him. Well they did a 5150 on him anyway. He was held for a little over 24 hours. Probably wanted him to be sobered up to do a mental evaluation.

So it looks like california law says for the 5150. He automatically loses his gun rights for 5 years. So I don't think he will be getting them back from the police himself.
I understand that you can appeal this 5 year ban. But you can only do it once. And it's probably best to wait a year or two before you ask a judge. Not 5 days

So our main concern is just getting the guns out from the police station
From what I understand they will only hold his guns for 90 days then the police destroy them.

Possibilities??
1. Do a interfamily transfer? I'm his Step father so that wont work. We could do his Mother. But the way the interfamily transfer works. Is that its done in home. You sign the guns over and mail in the paper work. How long before The DOJ actually legally transfers them to her? I'll bet it takes longer the 90 days. And I doubt the police are going to honor a interfamily form. As they need to give the guns back to the registered owner on file with DOJ.

2. See if we can find a local FFL who is willing to take possession of the firearms. I can see the police maybe giving the guns to a FFL.
Then work with the FFL to keep some of them in the family. Or worst case the FFL could sell the guns and our sun could at least get some cash?

[G-forceJunkie]

The easiest is to go the FFL route. Find someone who has doe this before, it happens so often there are some FFL's that do it often. The FFL is going to charge a hefty fee so if we are talking about a 10/22 and couple of cheap shotguns it may not be worth it. Find out the FFL fees and storage charges ahead of time.

[Spanky8601]

It is not a real 5150 if he was only held for 24 hours. There are some old threads that talk about the release paperwork from the hospital to be aware of.

[71MUSTY]

It is not a real 5150 if he was only held for 24 hours. There are some old threads that talk about the release paperwork from the hospital to be aware of.

^^THIS^^^ But often the staff does the firearm surrender paperwork at admission. Spanky's right. DO some searches here it has been discussed before.

[RickD427]

It is not a real 5150 if he was only held for 24 hours. There are some old threads that talk about the release paperwork from the hospital to be aware of.

Sir,

You're spreading false information here. It is very possible to remain in the psychiatric facility for less than 72 hours and still fall under the 5150 provisions.

The firearms disability is triggered once the person is admitted to the facility, regardless of how long they actually stay. Seventy-two hours is only the maximum period of detention. Please refer to WIC 5152 for the early release provisions.

On the other hand, it is also possible for a person to be transported to a facility by a peace officer, evaluated by a shrink, and then not be admitted. In that case there is no firearms disability created.

You really can't tell which is the case by the length of time the person was there, although shorter periods make it more likely that there was no admission following evaluation. You need to look at the facility records to determine if there was an admission.

Please refer to WIC sections 5150 and 8103.

[Jeepergeo]

I'd be more focused on helping him get sober for life than worrying about his toys.