My question involves public health law in the State of: California I wannabee informed...
I would like my rights to own, possess, control a firearm restored primarily based on principal, secondarily based on the idea that employers running DOJ FBI background checks will note my status and realize that since there are no felony convictions or allegations on my record that I must have been a patient in a psychiatric facility and therefore I would not be considered for employment and tertiary reasoning is that I may share a house with someone that owns a firearm or I may in fact want one for myself if I ever live in a very rural/wilderness setting alone or otherwise. I have never owned a firearm. I have shot skeet three times and a handgun twice at a range, all of that was years ago and someone elses' gun.
I understand the State has prohibited anyone adjudicated as a mental health patient to be precluded from owning, purchasing or receiving a "firearm" as defined in Penal Code 16590 for a period of five years. I think that is for 5150 or voluntary admission. Is it different for 5250 or involuntary persons? I think the time limit is the same, five years.
My question really is about having a hearing to get that lifted at the STATE level, in other words in the Superior Court (LA). I have the form to request such a hearing. I spoke to the DA that handles the mental health petitions. He told me the hearing would include me showing up with sealed records (I opened the envelopes and said as much and then he said, "well just present to the court that they are accurate and not tampered with and I'm sure they will accept that,"), witnesses either in person or by phone and letters from witnesses and that I would be examined by a psychiatrist. All that would be considered by the judge and a decision would be made as to whether or not my rights would be restored.
Reading the Welfare and Institutions Code of Ca, section 8100-8108 I note that it all seems pretty hopeful that I may have success at this hearing until I get to 8103 9 g (1)wherein it states in part that, no person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall own, possess, control, receive, or purchase any firearm for a period of five years. ...."
So, does that mean it is fruitless to attempt success at such a hearing if one has been held on involuntary 5250 hold as opposed to the voluntary 5150 hold?
As a matter of fact.... I did go voluntarily to the hospital (twice, Aug.20 10 and Oct 2010) for help and ask for help however both times the staff claimed the admission was involuntary due to my waivering the first time and I did waiver back and say I would accept the help if my friend could visit me there, they said, "too late, " it was their idea to do an involuntary one and two months later my psych admitted my involuntarily so I would "not have to stay in the ER" for a long time waiting for a bed, and so even though I went to her and told her I was shaking for four days straight.... I actually have no mental problem, I am not on Meds, I was on stuff from 8-2010 to early Dec 2010 and stopped on my own due to increased anxiety and insomnia brought on by the meds... my problem was that I was scared, I was a victim of adult bullying and I was very frightened. That is why I was admitted, why I went there in the first place shall we say.
Now I don't know how to get this restriction lifted FOR SURE, I have tried to find an attorney, no luck there, I have no idea where to look for one, the web searches come up with phone bank services that connect me to people that sound like they're in a cave and they want me to fax my records and pay $5,000. up front...
It seems the Federal Government will make that a lifetime restriction BASED ON THE STATE'S determination, if the state has lifted the restriction then the Federal Gov. does not have one. If someone committs a Federal Crime then there is a lifetime restriction.
What is a girl to do?