Giving up firearms after being held involuntarily at psychiatric institution

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Jurisdiction

California

I was recently subjected to a 5150 and held for more than 72 hours.

1) How do I find step by step info for giving up my firearms?
2) How long do I have to relinquish the firearms - and will law enforcement try to search my residence if I haven't relinquished them by that time? If it matters, I also am a CCW holder.
3) How do I find an attorney who specializes in getting back my 2nd amendment rights after being held involuntarily?

Thanks.

I was recently subjected to a 5150 and held for more than 72 hours. I was admitted NOT on the grounds of being a danger to myself, nor to others, but due to being "gravely disabled."

1) Do I have to relinquish my firearms?
2) If so, how do I find step by step info for giving up my firearms?
3) How long do I have to relinquish the firearms - and will law enforcement try to search my residence if I haven't relinquished them by that time? If it matters, I also am a CCW holder.
4) How do I find an attorney who specializes in getting back my 2nd amendment rights after being held involuntarily?

Thanks.

 

[army judge]

I was recently subjected to a 5150 and held for more than 72 hours.

1) How do I find step by step info for giving up my firearms?
2) How long do I have to relinquish the firearms - and will law enforcement try to search my residence if I haven't relinquished them by that time? If it matters, I also am a CCW holder.
3) How do I find an attorney who specializes in getting back my 2nd amendment rights after being held involuntarily?

Thanks.

Another Consequence of a 5150: The Loss of Your Rights to Own a Firearm

Under California's Welfare & Institutions Code, individuals placed on an involuntary 5150 psychiatric hold face significant consequences regarding firearm ownership and possession. Specifically:

• Five-Year Firearms Ban (§8103(f)(1)): After a 5150 hold, the individual cannot possess or own any firearm or deadly weapon for five years following release.
• Lifetime Ban for Second Hold (§8103(f)(1)): If the person undergoes another 5150 hold within one year of the first, the firearms ban becomes permanent and lifelong.
• Right to Hearing (§8103(f)(3)): The affected individual can request a hearing to challenge the firearms prohibition within five years of the initial ban being imposed.

These strict provisions under California's mental health laws aim to prevent potential violence by restricting access to firearms for those deemed a danger due to mental health issues.

However, the right to a hearing allows an opportunity to contest the ban if the individual's circumstances change and fears are alleviated over time. Navigating these complex statutes is best done with legal counsel to protect one's rights and interests.

Three Consequences of a 5150 | Simmrin Law Group

Three consequences of a 5150 include two potential extended holds and the loss of your rights to own firearms.

www.simmrinlawgroup.com

WHY DO PEOPLE LOSE THEIR GUN RIGHTS IN CALIFORNIA?

• They were convicted of a felony or certain misdemeanor crimes.
• They became the subject of a restraining order.
• They were detained for a mental health evaluation & determined to be a danger to themselves or to others.

If you have lost your guns rights in California, you may be eligible to request a court order to restore them. To determine your status, please follow the guidelines in this article and then contact us at 800-560-8000

Prepare to be interviewed and asked for dates, names and locations of the attorney that represented you, the county courthouse where your case was filed, the hospital or mental health facility where you were held, etc.

WHAT YOU SHOULD DO BEFORE YOU CALL FOR LEGAL HELP

Gather every piece of paper concerning the case or event which resulted in the loss of your gun rights. Copies of court documents and letters or bills from the attorney who previously represented you in court, are particularly useful.

If we ask you send us documents and papers for review before a consultation, please either fax them to us at 909-864-5243, email them as a pdf file or if you prefer to send them by mail, please send only copies, not the originals, as the United States Postal Service is reliable, but not perfect, and items do occasionally get lost in the mail. The original documents may be needed in future court proceedings.

Prepare to be interviewed and asked for dates, names and locations of the attorney that represented you, the county courthouse where your case was filed, the hospital or mental health facility where you were held, etc.

If you lost your gun rights because you were detained for a mental health evaluation (also known as a "5150"), your discharge papers and bills from the hospital or mental health facility will also be of assistance in obtaining the medical records pertaining to your case.

If you were detained, assessed and admitted against your will to a mental health facility for psychiatric evaluation, which resulted in a determination that you were a danger to yourself or to others, California law strips you of your gun rights for five years.

If your initial mental health detention was not involuntarily extended beyond the initial 72 hours, you can petition the Superior Court for an order for the early termination of the five year loss of your gun rights, however, the California Welfare & Institutions Code states that you can only petition once.

Over the past 30 years, our firm has successfully handled numerous firearm rights restoration matters. Please contact our law office to consult with Mr. Colodny about restoring your firearm rights.

5150 — GunLaw.com

Restoring Gun Rights 5150 (Mental Health Evaluation)

gunlaw.com

 

[Foamback]

It takes more than 5150. You must be assessed and admitted for the issue under 5151 and 5152.

The OP mentioned he was admitted for more than 72 hours. Was this because of 5151 and 5152, or for other medical reasons, or because of the weekend

Section 5151 - Period of detention for evaluation and treatment, Cal. Welf. and Inst. Code § 5151 | Casetext Search + Citator

Read Section 5151 - Period of detention for evaluation and treatment, Cal. Welf. and Inst. Code § 5151, see flags on bad law, and search Casetext’s comprehensive legal database

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