Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2013
    Posts
    3

    Default Mental Health Treatment and Firearms Rights, 5250 Notice but Released Before Hearing

    Hello!

    I'm unsure as to where exactly this would go, so I'm taking a guess that it may go here.

    I'm a resident of California as well as a minor. I was brought into a mental health facility under CA W&I 5150. With the 5150 comes a 5 year firearms prohibition. A 5250 carries a federal lifetime firearms prohibition.

    While at the hospital, I was served a piece of paper which reads "notice of certification" (http://www.dmh.ca.gov/News/Publicati...ocs/MH1760.pdf - this is the specific form). I was not given a hearing, and I was released a day after being given the notice of certification. Am I still subject to the federal lifetime firearms prohibition as a result, or am I still considered 5150, and subject to section 8103 of the CA W&I?

    To clarify:

    Because I was released before my 5250 certification review hearing, am I federally prohibited from owning firearms or would that have only applied if I had my hearing and it was upheld?

    *Note, for those not familiar with California law, a 5150 is a 72-hour hold. In California, you are prohibited from owning a firearm for 5 years, however it is not submitted to the USDOJ, so the ban is not federal.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mental Health Treatment and Firearms Rights, 5250 Notice but Released Before Hear

    So, you were initially detained under W&I Sec. 5150, were issued a notice of certification under Sec. 5250, and then, for reasons unknown to us, were released before a hearing on the Sec. 5250 certification? Your release was unconditional and no hearing was ever conducted?

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Mental Health Treatment and Firearms Rights, 5250 Notice but Released Before Hear

    Quote Quoting Mr. Knowitall
    View Post
    So, you were initially detained under W&I Sec. 5150, were issued a notice of certification under Sec. 5250, and then, for reasons unknown to us, were released before a hearing on the Sec. 5250 certification? Your release was unconditional and no hearing was ever conducted?
    Precisely. No hearing was conducted. I believe I may have been issued the 5250 because my parents were unable to pick me up at the time.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mental Health Treatment and Firearms Rights, 5250 Notice but Released Before Hear

    Read this.
    Quote Quoting Persons Certified for Intensive Treatment On 14-Day Holds
    If you have been placed on a 14-day hold (5250), had a certification hearing (also known as a Gallinot hearing) and were held for additional treatment at the hearing, you are prohibited from purchasing or possessing firearms for five years under California law and for life under federal law. When you are held or certified for additional treatment as a danger to self or others, or gravely disabled, the facility is required to notify the California Department of Justice. The Department of Justice then places your name on the state mental health firearms prohibition database.

    You may ask the superior court in the county in which you live for a hearing to restore your right to possess firearms under California law. At this hearing, the burden will be on you to prove that you can safely possess firearms. However, even if you have your right to purchase and possess firearms restored under California law, you may still be subject to the federal life-time prohibition.
    From what you have told us so far, no hearing was held and (as inevitably follows from there being no hearing) you were not held for additional treatment as a result of the hearing, such that the federal bar would not be triggered.

  5. #5
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Mental Health Treatment and Firearms Rights, 5250 Notice but Released Before Hear

    Quote Quoting Mr. Knowitall
    View Post
    Read this.

    From what you have told us so far, no hearing was held and (as inevitably follows from there being no hearing) you were not held for additional treatment as a result of the hearing, such that the federal bar would not be triggered.
    Alright, thank you very much. I've documented your quote for further use!

    1. Sponsored Links
       

Similar Threads

  1. Mental Health: Voluntarily Agreed to Mental Health Treatment, but Classified as Involuntary
    By NeedHelpPlease911 in forum Public Health and Welfare
    Replies: 1
    Last Post: 11-11-2012, 12:28 PM
  2. Mental Health: Firearms Rights Restoration After Involuntary Mental Health Commitment
    By Wannabee in forum Public Health and Welfare
    Replies: 11
    Last Post: 05-14-2012, 01:53 PM
  3. Mental Health: Firearms Rights Rights After Mental Health Treatment
    By tmoskos in forum Public Health and Welfare
    Replies: 1
    Last Post: 07-04-2011, 07:22 PM
  4. Mental Health: Regaining Firearms Rights After a Mental Health Hold
    By BigDipper in forum Public Health and Welfare
    Replies: 1
    Last Post: 03-07-2011, 07:34 PM
  5. Mental Health: Fighting a Firearms Prohibition from a 5250 in California
    By Themarine in forum Public Health and Welfare
    Replies: 1
    Last Post: 10-22-2008, 06:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources