Post emotional breakdown- weapon possession or sale

[NorCalBusa]

Around the first of the year, a buddy (in California) had an emotional breakdown from stress. His wife and brother took him to the ER and the "woke" staff deemed him unable to care for himself. I think it was a 5150 or similar and the next day he went to some sort of assisted living place- shared a room with a looney-tune guy and couldn't wait to get out. About 3-4 days later he had some sort of hearing, prevailed and went home. Some online counseling and Zoom calls and finished all that months ago.

Now he's wondering if he's got some sort of weapon possession or purchasing block on himself. No firearm display, use, etc. was part the breakdown, he has owned guns for decades.

Is there some place on the CA DOJ website he can check on his own status? Other ideas? He is not in any hurry, just wants to know where he stands and worried that asking an FFL to do it could wake a sleeping dog.

[Quiet]

Is there some place on the CA DOJ website he can check on his own status?

He submits a completed Personal Firearms Eligibility Check Application (BOF 116) to CA DOJ BOF. [PC 30105]

Within 4-64 weeks or 6-24 months, CA DOJ BOF will mail back the results.



Penal Code 30105
(a) An individual may request that the Department of Justice perform a firearms eligibility check for that individual. The applicant requesting the eligibility check shall provide the personal information required by Section 28160 or 28165, as applicable, but not any information regarding any firearm, to the department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for performing the eligibility check authorized by this section, but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged may increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision (a) shall complete the application, have it notarized by any licensed California Notary Public, and submit it by mail to the department.
(d) Upon receipt of a notarized application and fee, the department shall do all of the following:
(1) Examine its records, and the records it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department’s notification shall state either “eligible to possess firearms as of the date the check was completed” or “ineligible to possess firearms as of the date the check was completed.”
(e) If the department determines that the information submitted to it in the application contains any blank spaces, or inaccurate, illegible, or incomplete information, preventing identification of the applicant, or if the required fee is not submitted, the department shall not be required to perform the firearms eligibility check.
(f) The department shall make applications to conduct a firearms eligibility check as described in this section available to licensed firearms dealers and on the department’s Internet Web site.
(g) The department shall be immune from any liability arising out of the performance of the firearms eligibility check, or any reliance upon the firearms eligibility check.
(h) Except as provided in Sections 29180 and 29182, a person or agency shall not require or request an individual to obtain a firearms eligibility check or notification of a firearms eligibility check pursuant to this section. A violation of this subdivision is a misdemeanor.
(i) The department shall include on the application specified in subdivision (a) and the notification of eligibility specified in subdivision (d) the following statements:
“No person or agency may require or request an individual to obtain a firearms eligibility check or notification of firearms eligibility check pursuant to Section 30105 of the Penal Code. A violation of these provisions is a misdemeanor.”
“If the applicant for a firearms eligibility check purchases, transfers, or receives a firearm through a licensed dealer as required by law, a waiting period and background check are both required.”

[NorCalBusa]

He submits a completed Personal Firearms Eligibility Check Application (BOF 116) to CA DOJ BOF. [PC 30105]

Within 4-64 weeks or 6-24 months, CA DOJ BOF will mail back the results.



Penal Code 30105

Thanks- that's great, I'll pass it along.

[NorCalBusa]

He submits a completed Personal Firearms Eligibility Check Application (BOF 116) to CA DOJ BOF. [PC 30105]

Within 4-64 weeks or 6-24 months, CA DOJ BOF will mail back the results.

Is there any urgency where the lapse of too much or too little time changes the outcome, or interferes with his ability to challenge it?

Or "it is what it is"...

[Quiet]

Is there any urgency where the lapse of too much or too little time changes the outcome, or interferes with his ability to challenge it?

No.

[Librarian]

See also http://www.calgunlawyers.com/youre-n...r-a-5150-hold/

More significantly, the firearm restriction automatically imposed by admission pursuant to 5150 is a five year loss of the fundamental right to possess and own firearms, ammunition and certain firearm components[1]; fortunately, the restriction is limited to the confines of California.

and

And, a person held 5150 may only file a petition to restore their firearm rights once during the five-year ban. Thus, it is essential for such individuals to either consult with an attorney before making the petition or tread these waters very carefully.

[NorCalBusa]

Appreciate the info guys- thanks. Not getting the sense he's in any hurry to deal with it just yet, but that it takes a year or 2 to hear back might be a good nudge.

[pacrat]

Around the first of the year, a buddy (in California) had an emotional breakdown from stress. His wife and brother took him to the ER and the "woke" staff deemed him unable to care for himself. I think it was a 5150 or similar and the next day he went to some sort of assisted living place- shared a room with a looney-tune guy and couldn't wait to get out. About 3-4 days later he had some sort of hearing, prevailed and went home. Some online counseling and Zoom calls and finished all that months ago.

Now he's wondering if he's got some sort of weapon possession or purchasing block on himself. No firearm display, use, etc. was part the breakdown, he has owned guns for decades.

Is there some place on the CA DOJ website he can check on his own status? Other ideas? He is not in any hurry, just wants to know where he stands and worried that asking an FFL to do it could wake a sleeping dog.

If your buddy wants to find out what is up, as far as the care he received, and its legal status. He can go back to the source, and request copies of his med records from the ER, and the assisted living place.

Being deemed "unable to care for ones self". Is a far cry from being "A DANGER TO SELF OR OTHERS".

[NorCalBusa]

If your buddy wants to find out what is up, as far as the care he received, and its legal status. He can go back to the source, and request copies of his med records from the ER, and the assisted living place.

Being deemed "unable to care for ones self". Is a far cry from being "A DANGER TO SELF OR OTHERS".

I mentioned something similar- suggested he go through every piece of paper in the mountain he received from the hospital, care-joint and hearing in which he prevailed. I'd imagine it has to be in there somewhere- find it AND request status as suggested by other posters. BIHC now, can't do it for him.

[foxtrotuniformlima]

Would going to his LGS and buying a box of ammo answer the question or is there a risk in doing so ?

[G-forceJunkie]

Yes, they diagnosed him with something, an insurance code was used to specify that so they could bill the insurance. He needs to find out exactly what he was held under.

I mentioned something similar- suggested he go through every piece of paper in the mountain he received from the hospital, care-joint and hearing in which he prevailed. I'd imagine it has to be in there somewhere- find it AND request status as suggested by other posters. BIHC now, can't do it for him.

[Russian Bot]

Did he remember signing paperwork saying that he wouldn't buy own or possess firearms?

[bugsy714]

Was it voluntary or involuntary?


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