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  1. #1

    Default How to Find Out if You Had a Psychiatric 5150 Hold

    My question involves criminal records for the state of: CA

    I recently turned 18, and got in an argument with my a**hole father. He got angry because I interrupted him while he was watching television, and came into my room and started screaming at me and standing in the doorway (the only exit). I told him I was going to leave and asked him to move out of the way to let me leave, but still blocked me in threateningly. He then disabled my car, which I have the title to under my name, so I couldnít leave. The argument got heated, and he started grabbing the guns in the house, which scared me. He then called the police on ME, telling them lies and such. I called as well to ensure my safety, and to let them know the situation from my side.

    When the police arrived, they didnít even talk to me. The talked to my dad and then came and made me get into an ambulance. They said I would be on 5150, which would mean no gun rights etc. However, they thought I was fine so sped up the blood/urine tests. I talked to the psychiatrist and she told me I was completely fine and let me go less than 4 hours after being admitted to the hospital. She said I wasnít on 5150, but I heard that the other codes such as 5152 etc also take away your gun rights. Was I on one of those? How can I find out? If I was, how can I get rid of it, as it was completely undeserved?

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,319

    Default Re: Was I on a 5150

    It does not sound like you were ultimately held on a W&I 5150.

    The police can detain and transport you based upon their belief, but if the psychiatric personnel do not hold you pursuant to the request provided by law enforcement, you are not subject to the hold. However, it may well depend on what kind of hospital you were transported to, and what they did to you there? Were you given medication? Did they develop a safety plan with you in lieu of a hold? Was the hospital a medical hospital or a mental health facility?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Sep 2010
    Posts
    19,058

    Default Re: Was I on a 5150

    I agree, this doesn't sound like a 5150 hold. The only other holds that matter are 5250 (similar to 5150 but involving alcoholism) and 5300 (14-180 day hold for those dangerous to others). Being examined and reseased within 4 hours doesn't sound like any of these.

  4. #4
    Join Date
    Jun 2017
    Location
    California
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    404

    Default Re: Was I on a 5150

    You were taken for evaluation and found to be fine. You were 5150'd. There's a lot more paperwork involved if you had been.
    0

  5. #5
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    Sep 2005
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    20,319

    Default Re: Was I on a 5150

    Quote Quoting LegalWriter
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    You were taken for evaluation and found to be fine. You were 5150'd. There's a lot more paperwork involved if you had been.
    0
    For purposes of a firearms prohibition or other restrictions, probably not. The initial hold is merely an application for a hold, not the actual hold. It does not become a true hold unless accepted for treatment by a mental health facility. A great many people detained pursuant to W&I 5150 are released without a hold after they agree to a safety plan or are properly medicated.

    The specifics (such as what occurred when they were evaluated, and what manner of facility they were brought to) would help determine this. I'm hard pressed to recall any actual hold that lasted only 4 hours, but it IS possible, even if unlikely.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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