Is there any statute of limitations for proving that a 5250 hold was improper/illegitimate in order to restore gun ownership rights?

[assistance_needed]

I was recently 5250'ed in CA and subsequently gave up my firearms. I understand that there's a way to appeal at the state level but that ultimately, though, the 5250 ban is critical because it creates a lifetime ban under federal law, which means it is a nationwide gun ban.

However, I understand that if I can prove that the hold was not under 5250 or that the 5250 was illegitimate, that I could have my rights restored.

Is there any time limit or statute on this? Thanks.

 

[assistance_needed]

I found this: Legal Regulation of Restoration of Firearms Rights After Mental Health Prohibition

This seems to indicate that CA doesn't have a way to get around the federal ban. So if I moved to another state that DOES (like AZ) could I, in theory, possess firearms again?

 

[Foamback]

Federally, you are a prohibited person as per question 21(g), ATF Form 4473

"Have you ever been adjudicated as mentally defective or have you ever been committed to a mental institution "

https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

 

[Foamback]

Apparently a 5250 is a medical hearing and not a court proceeding. The 5250 will appear on your medical records and is subject to the same protections. This is not something the ATF would have access to.

A lawyer who specializes in this could help, probably for lots of money.

 

[assistance_needed]

Apparently a 5250 is a medical hearing and not a court proceeding. The 5250 will appear on your medical records and is subject to the same protections. This is not something the ATF would have access to.

A lawyer who specializes in this could help, probably for lots of money.

Thanks. I do plan on doing further research in the future and contacting an appeals lawyer, I was just wondering if there is a statute I should be aware of. I'm very overwhelmed at the moment with physical health issues and can't devote the resources right now to trying to restore my 2A rights, even if it's possible. That's why I just wanted to find out if there's a SOL of any kind, though logically it would seem to me that there would not be.

 

[Foamback]

I think everything is there in black and white on the 4473 and in the gun control act. The act gives no statutory time limits

Your challenge is establishing that the 5250 was improper, that may be difficult, especially since it only occurs after a three day 5150 stay.

While HIPAA apparently protects the results of the mental health adjudication from the ATF, cheating and lying can result in federal time, as Hunter almost found out

 

[justblue]

I was recently 5250'ed in CA and subsequently gave up my firearms. I understand that there's a way to appeal at the state level but that ultimately, though, the 5250 ban is critical because it creates a lifetime ban under federal law, which means it is a nationwide gun ban.

However, I understand that if I can prove that the hold was not under 5250 or that the 5250 was illegitimate, that I could have my rights restored.

Is there any time limit or statute on this? Thanks.

What led up to the 5250? Why did they place you in a psych hold?