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Is it possible to remove W&I 5250?

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babojunny

Junior Member
What is the name of your state (only U.S. law)? ca

My husband is a veteran police officer and he recently was held for a little over a month at a hospital under 5250 due to his medical condition that induced delirium.
He is now back to his old self and recovering at home but worries that he will not be able to go back to work because of 5250. Is there any way he can have
his firearm rights restored? He does not have a mental condition but suffered from confusion and delirium 2 months ago.
 


justalayman

Senior Member
if he doesn't have a mental condition, then what caused the delirium and confusion.


the problem: if he has something causing those issues, whether it be a mental or organic origin, he should not be able to own a gun.

and i think he has a lot more to deal with concerning going back to work even if he is given his gun rights back. the delirium and confusion itself makes him unfit for duty so unless there is no chance of a reoccurrence, they may not allow him to come back/
 

babojunny

Junior Member
He has a rare autoimmune disorder that causes meningitis. It started about 1.5 years ago but only had headaches up until recently. He never had problems at work but gradually got worse which leads me to believe that the treatment has not been working. Doctors did not see it coming nor did they have any idea it can be as serious as it was. We haven't talked about prognosis and possible recurrence yet but we remain hopeful that the disease is under control.

I only ask this question because, prior to 5250, there was 5150 that was "resolved" since it was a medical issue, according to his lieutenant. He was due to come back to work but soon after he was hospitalized again. It was one incident that led to two holds. The hospitalization was back to back. I guess it was all an unfortunate event that not much can be done about. I just hope that he can deal with giving up his work and find a new path.
 

Zigner

Senior Member, Non-Attorney
He has a rare autoimmune disorder that causes meningitis. It started about 1.5 years ago but only had headaches up until recently. He never had problems at work but gradually got worse which leads me to believe that the treatment has not been working. Doctors did not see it coming nor did they have any idea it can be as serious as it was. We haven't talked about prognosis and possible recurrence yet but we remain hopeful that the disease is under control.

I only ask this question because, prior to 5250, there was 5150 that was "resolved" since it was a medical issue, according to his lieutenant. He was due to come back to work but soon after he was hospitalized again. It was one incident that led to two holds. The hospitalization was back to back. I guess it was all an unfortunate event that not much can be done about. I just hope that he can deal with giving up his work and find a new path.
A person isn't placed on a 5250 hold due to meningitis.

If he was placed on a 5150 and then released, then he would have been placed on a second 5150 prior to a 5250. So, he's got two 5150's and a 5250.
 

justalayman

Senior Member
He has a rare autoimmune disorder that causes meningitis. It started about 1.5 years ago but only had headaches up until recently. He never had problems at work but gradually got worse which leads me to believe that the treatment has not been working. Doctors did not see it coming nor did they have any idea it can be as serious as it was. We haven't talked about prognosis and possible recurrence yet but we remain hopeful that the disease is under control.

I only ask this question because, prior to 5250, there was 5150 that was "resolved" since it was a medical issue, according to his lieutenant. He was due to come back to work but soon after he was hospitalized again. It was one incident that led to two holds. The hospitalization was back to back. I guess it was all an unfortunate event that not much can be done about. I just hope that he can deal with giving up his work and find a new path.
sounds like it's time to retire. The same issue re-occuring and nothing regarding prognosis or possible re-occurance strongly suggests he should not be given his right to guns back.
 

CdwJava

Senior Member
It is nearly impossible to get your firearms rights restored at both the state and the federal level once placed on a 5250 hold. But, if you try, you will need to do so with the assistance of an attorney and will most likely have to get the record purged ... that will require proving that the hold was made without cause - not an easy thing to do.

Here is one publication on the issues involved:

http://www.mabpro.com/resource/docs/cal_firearmsProhibitionForm.pdf
 

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