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Question for San Diego LEO on 5150

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  • ECG_88
    Senior Member
    • May 2012
    • 718

    Question for San Diego LEO on 5150

    So over a year ago ( not 6 months ago), my roomate had a mental breakdown and got a 5150. The SD sheriffs sent me a letter saying I couldnt/shouldnt have guns and stuff because of my roomate's situation. I dont know what I did with the letter, so I cant go back to that for answers. With the SB249 stuff coming down and the increasing price of lower receivers, I thought it would be a good time to invest in my own AR-15 leagally configured featureless. So my question is: how should I go about getting my rifle? What steps should I take to secure my side of the apartment to keep everything safe and legal? DO I have to buy a gun safe? I dont have any kids so I dont need anything hardcore. Can I just lock my room and keep everything in there? basically, what do I have to do in order to stay out of trouble and keep my roomate out of trouble. I cant move because of other issues and he is a really good friend.

    I would ask the sheriffs, but I dont really want to tell them that I plan on getting an evil black rifle.
    Last edited by ECG_88; 08-12-2012, 1:04 AM. Reason: fixing inaccuracy
    Emotional appeal is a marketing tactic and not a foundation for effective argument.

    Nulla Fatere, Omnia Nega, Accusatorem Accusa
  • #2
    nick
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2008
    • 19144

    Get a safe, don't share the combination/key with your roommate.
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    • #3
      nickbackouris
      Member
      • Nov 2011
      • 202

      I would ask the sheriffs, but I dont really want to tell them that I plan on getting an evil black rifle.
      Haha, you just did. Buy a nice one, and shoot the snot out of it.

      Anyway, having a prior arrest for 5150 WI I believe makes it more difficult, if not impossible to purchase a gun. I'm unaware if it actually prevents you from owning one. If it results in someone getting committed to a mental hospital (which few do) then that's a whole different ball game. I know when we take people for 5150, we take any "deadly weapons" per 8102 WI (WI, I think. Might be a PC code) I know some of them end up getting them back, not really sure how it all works out.

      Best idea, in my opinion, find a new roommate. Why should a friend, albeit even a good one, prevent/hinder you from doing what you want to do?

      You can also contact the Sheriff's office where you live (or have someone else do it anonymously) to see if another copy of the letter can be obtained. Also, I suppose you could always call County Mental Health and ask them.

      Comment

      • #4
        Invisible_Dave
        Member
        • Dec 2008
        • 269

        Originally posted by nick
        Get a safe, don't share the combination/key with your roommate.
        This, plus make sure you keep it locked. You are good to go as long as he has no access.
        The Internet; where men are men, women are men, and kids are FBI agents.

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        • #5
          SVT-40
          I need a LIFE!!
          • Jan 2008
          • 12894

          A lock on your door would not be sufficient. Because if you EVER left the door unlocked your roomie would have access. Buy a good safe and always keep it locked.
          Poke'm with a stick!


          Originally posted by fiddletown
          What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

          Comment

          • #6
            Mr. Beretta
            Calguns Addict
            • Dec 2005
            • 6614

            Originally posted by Invisible_Dave
            This, plus make sure you keep it locked. You are good to go as long as he has no access.

            +100

            And make sure you buy a real safe NOT a metal cabinet with a lock.

            Comment

            • #7
              ECG_88
              Senior Member
              • May 2012
              • 718

              Thanks everyone for all the advice.

              Why not the metal gun cabinet? If I just want to deny access, I think a safe is over kill for the size of my room and what I am storing. Plus its only 89 bucks at walmart. I know it wont stop thieves, but Im not worried about that. Is it a legal req?
              Emotional appeal is a marketing tactic and not a foundation for effective argument.

              Nulla Fatere, Omnia Nega, Accusatorem Accusa

              Comment

              • #8
                TKM
                Onward through the fog!
                CGN Contributor
                • Jul 2002
                • 10657

                Time to find a new place to live.
                It's not PTSD, it's nostalgia.

                Comment

                • #9
                  Invisible_Dave
                  Member
                  • Dec 2008
                  • 269

                  Originally posted by ECG_88
                  Thanks everyone for all the advice.

                  Why not the metal gun cabinet? If I just want to deny access, I think a safe is over kill for the size of my room and what I am storing. Plus its only 89 bucks at walmart. I know it wont stop thieves, but Im not worried about that. Is it a legal req?
                  You have to make sure he doesn't have access. This will fall under legal review should Mr. Crazy get a hold of a firearm as a prohibited person. I'm not advocating buying a $3000 mother of all safes, however you need to be able to articulate that you were storing your firearms in a way that keeps this prohibited person from accessing them.

                  When I think of a "gun cabinet" I think of a sheet metal cabinet used to hold ammo and excess powder. If your roommate was truly 5150 6 months ago, then he was deemed an immediate danger to himself or others (paraphrase). While I obviously don't know the whole story, I think it is beneficial to both of you to make sure a simple crowbar can't defeat the cabinet.

                  Legal discussion aside, 6 months is not a lot of time in a mental health treatment. I would not want to have my friends death/serious injury on my conscious because you are worried about "over kill." Treat your buddy like a thief for his own safety.
                  The Internet; where men are men, women are men, and kids are FBI agents.

                  Comment

                  • #10
                    ECG_88
                    Senior Member
                    • May 2012
                    • 718

                    Actually my mistake, it wasnt 6 months ago. I just realized it was over a year ago around June of 2011, time flies and it feels like yesterday.

                    Also this is what I was thinking of:


                    Will it work if neither of us own a crowbar?lol
                    Its just so tempting because its cheap, But I guess I could get something a bit more sturdy.
                    Last edited by ECG_88; 08-12-2012, 1:13 AM.
                    Emotional appeal is a marketing tactic and not a foundation for effective argument.

                    Nulla Fatere, Omnia Nega, Accusatorem Accusa

                    Comment

                    • #11
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      Originally posted by nick
                      Get a safe, don't share the combination/key with your roommate.
                      Originally posted by Invisible_Dave
                      This, plus make sure you keep it locked. You are good to go as long as he has no access.
                      Originally posted by SVT-40
                      A lock on your door would not be sufficient. Because if you EVER left the door unlocked your roomie would have access. Buy a good safe and always keep it locked.
                      Originally posted by ECG_88
                      Thanks everyone for all the advice.

                      Why not the metal gun cabinet? If I just want to deny access, I think a safe is over kill for the size of my room and what I am storing. Plus its only 89 bucks at walmart. I know it wont stop thieves, but Im not worried about that. Is it a legal req?
                      Originally posted by Mr. Beretta
                      +100

                      And make sure you buy a real safe NOT a metal cabinet with a lock.
                      Because those metal cabinets you buy at Walmart can easily be pried open. You may still buy guns. A 5150 is associated with an individual, not a location. Your roommate can not have ANY access, PERIOD.

                      And a 5150 is a detention under the Welfare and Institutions Code. It is civil in nature, rather than criminal. It is NOT an arrest.
                      LASD Retired
                      1978-2011

                      NRA Life Member
                      CRPA Life Member
                      NRA Rifle Instructor
                      NRA Shotgun Instructor
                      NRA Range Safety Officer
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                      Comment

                      • #12
                        fullrearview
                        Calguns Addict
                        • Jan 2008
                        • 9371

                        Not trying to be a dick at all...

                        Maybe find a new place or roommate??? Even with all the safety measures, he still might find a way. Not worth it in my book.
                        "Always do right. This will gratify some people and astonish the rest."~M.Twain~

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