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  1. #1
    Join Date
    Jul 2019
    Location
    Antioch, California
    Posts
    1

    Default Denial of Second Amendment Rights, by Placing a 5250 Hold, After Going in Voluntarily

    My question involves civil rights in the State of: In 2004, I went to my therapist for help, I was having trouble at home, work and life in general. I had been on medication and my anxiety and stress was through the roof. I needed to move out of the living situation I was in and needed help with getting the correct medication because what I was taking was not helpful.

    She took, my saying that I needed to get out of there, meaning my house, that I was going to hurt myself. So instead of getting me in for a medication stablization, she had me 5150, transported to the ER and then my journey through the Psychological system started. In the end they kept sedating me for 3 days and on the fourth day I finally was transferred out to a home to help me with making the arrangements to move some where else. However, I did not find out until 2013, that on the day I was transferred out, they had signed a 5250 form, blocking me from ever owing a gun. I was never made aware of it, the patient advocates when I call them they can find no record and neither can the Public Defender from my County or the County that I was Hospitalized in. Now, I am having difficulty getting someone from the District Attorney's office to talk to me about filing for the reversal and unfortunately I really can't afford a ton of money to pay some big Attorney to fight it. In reading some information from the DOJ, I believe that this sounds very similar to the New York State vs. Geller case listed in the Brady Gun Information they have posted.

    Thanks to all that read and appreciate any advice

    God Bless you all!

  2. #2

    Default Re: Denial of Second Amendment Rights, by Placing a 5250 Hold, After Going in Volunta

    Quote Quoting bill.goldsby@outlook.com
    View Post
    My question involves civil rights in the State of: In 2004, I went to my therapist for help, I was having trouble at home, work and life in general. I had been on medication and my anxiety and stress was through the roof. I needed to move out of the living situation I was in and needed help with getting the correct medication because what I was taking was not helpful.

    She took, my saying that I needed to get out of there, meaning my house, that I was going to hurt myself. So instead of getting me in for a medication stablization, she had me 5150, transported to the ER and then my journey through the Psychological system started. In the end they kept sedating me for 3 days and on the fourth day I finally was transferred out to a home to help me with making the arrangements to move some where else. However, I did not find out until 2013, that on the day I was transferred out, they had signed a 5250 form, blocking me from ever owing a gun. I was never made aware of it, the patient advocates when I call them they can find no record and neither can the Public Defender from my County or the County that I was Hospitalized in. Now, I am having difficulty getting someone from the District Attorney's office to talk to me about filing for the reversal and unfortunately I really can't afford a ton of money to pay some big Attorney to fight it. In reading some information from the DOJ, I believe that this sounds very similar to the New York State vs. Geller case listed in the Brady Gun Information they have posted.

    Thanks to all that read and appreciate any advice

    God Bless you all!
    What State?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,140

    Default Re: Denial of Second Amendment Rights, by Placing a 5250 Hold, After Going in Volunta

    You're not going to get a public defender for this. You will only get to the bottom of this with a paid attorney. I'm not seeing anything in this story as related that indicates this was a voluntary hospitalization. While California only imposes a 5 year ban, the feds will consider this a lifetime bar. What you were "aware" of is entirely immaterial here. I can't find any indication of the case you mention, but anything that applies to New York state has no real bearing on the feds (which is where your problem lies).

    Quote Quoting just blue
    View Post
    What State?
    5150 and 5250 refer to California's Welfare and Institutions Code sections on involuntary psychiatric holds.

  4. #4

    Default Re: Denial of Second Amendment Rights, by Placing a 5250 Hold, After Going in Volunta

    Quote Quoting flyingron
    View Post
    You're not going to get a public defender for this. You will only get to the bottom of this with a paid attorney. I'm not seeing anything in this story as related that indicates this was a voluntary hospitalization. While California only imposes a 5 year ban, the feds will consider this a lifetime bar. What you were "aware" of is entirely immaterial here. I can't find any indication of the case you mention, but anything that applies to New York state has no real bearing on the feds (which is where your problem lies).



    5150 and 5250 refer to California's Welfare and Institutions Code sections on involuntary psychiatric holds.
    Thanks, Ron!

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