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Petitioning a 5150 5 year gun restriction

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Jdavila1999

Junior Member
What is the name of your state (only U.S. law)? California
This is my first time posting as I was referred to this site by a co worker, I came here to ask for advice on petitioning a 5 year gun ban caused by a 5150 referral over a year ago. I do not know if it even can be petitioned now but I would like to try regardless. The issue is not any interest in owning a weapon but simply not feeling right about having one of my basic rights taken from me because of the opinion of one person who decided to 5150 me. I have no criminal record, no history of any sort of violence and was released before the 72 hour hold was up. I was coerced into signing and now I would like to reverse this decision, I recognize it is my fault but I recall an option to petition it later on even if I agreed to it. I would be glad to receive any advice on this topic, either to tell me it isn’t possible or how I can start the process and what to expect from the court, thank you.
 


FlyingRon

Senior Member
Yes, you may petition the court in your county of residence. There's no time limit on when you can apply for the hearing, it can be done any time within the five years.
However, you only get one crack at the petition. If you screw it up and get denied, you'll have to wait out the five year period.


There are attorneys that specify in this area of law that will probably be your best bet.
 

Zigner

Senior Member, Non-Attorney
I was coerced into signing ...
Signing what? A 5150 hold doesn't require you to sign anything. Are you sure you didn't agree to be admitted in lieu of a 5150 (a voluntary admission)? In other words, are you sure you were actually placed on a 5150 hold?
 

xylene

Senior Member
Guns and mental health. Not really an easy topic these days.

This isn't a DIY project.

Also, people don't get sectioned by one person.
 

CdwJava

Senior Member
Guns and mental health. Not really an easy topic these days.

This isn't a DIY project.
Agreed. Especially since the OP seems to be saying they "signed" something ... not sure what that could have been.

Also, people don't get sectioned by one person.
Actually, that IS all it takes. The initial petition is completed and signed by one qualified person, and, depending on the local process, it may have to be affirmed by another (a psych professional and/or another authorized to evaluate for admission to a facility - the specific process can vary). The entire 5150 process can involve as little as one person and as many as three, depending on the facilities and agencies involved.
 

xylene

Senior Member
Actually, that IS all it takes. The initial petition is completed and signed by one qualified person, and, depending on the local process, it may have to be affirmed by another (a psych professional and/or another authorized to evaluate for admission to a facility - the specific process can vary). The entire 5150 process can involve as little as one person and as many as three, depending on the facilities and agencies involved.
I was thinking the the op was commenting on some false or confidential allegation someone made against him, not exactly a clinical evaluation, but that is a good point.
 

FlyingRon

Senior Member
He should take any paper he has to an attorney. The attorney can research just what did happen (and what was signed). It's possible he was signing a consent to a voluntary hold in lieu of the 5150 hold (which indeed he's not subject to a firearm restriction under that aspect of the California law).

It's a variation on the police "It will be easier if you confess" tactic: "We can hold you involutarily on a 5150 but it would be easier if you voluntarily..."
 

Jdavila1999

Junior Member
Still learning how to post but thank you for the replies, to clear it up I was held on an involuntary 5150 administered by one peace officer, later when I was being released (about 30 hours in), I was asked to sign a paper accepting a ban on gun ownership and was told i’d be kept longer if I did not sign as it implied I would go out and buy a firearm the same week or so. Now that I know I can appeal and only get one chance, what category of lawyer would best suit this case? I can’t think of any legal category it falls into that’s obvious and I cannot afford some top ten firm lawyer for something like this. Thank you
 

Zigner

Senior Member, Non-Attorney
Still learning how to post but thank you for the replies, to clear it up I was held on an involuntary 5150 administered by one peace officer, later when I was being released (about 30 hours in), I was asked to sign a paper accepting a ban on gun ownership and was told i’d be kept longer if I did not sign as it implied I would go out and buy a firearm the same week or so. Now that I know I can appeal and only get one chance, what category of lawyer would best suit this case? I can’t think of any legal category it falls into that’s obvious and I cannot afford some top ten firm lawyer for something like this. Thank you
I'd start with a criminal defense attorney - alternatively, check out the NRA site for recommendations.
 

Mass_Shyster

Senior Member
Still learning how to post but thank you for the replies, to clear it up I was held on an involuntary 5150 administered by one peace officer, later when I was being released (about 30 hours in), I was asked to sign a paper accepting a ban on gun ownership and was told i’d be kept longer if I did not sign as it implied I would go out and buy a firearm the same week or so. Now that I know I can appeal and only get one chance, what category of lawyer would best suit this case? I can’t think of any legal category it falls into that’s obvious and I cannot afford some top ten firm lawyer for something like this. Thank you
A google search for "5150 gun rights attorney" returns quite a selection of attorneys.
 

FlyingRon

Senior Member
A google search for "5150 gun rights attorney" returns quite a selection of attorneys.
Yep, "gun rights" is the term I'd look for. There are always attorneys who list that as (one of) their specialties. A generalized criminal defense attorney may not have the proper experience for such actions. It has nothing whatsoever to do with criminal defense.
 

Zigner

Senior Member, Non-Attorney
Yep, "gun rights" is the term I'd look for. There are always attorneys who list that as (one of) their specialties. A generalized criminal defense attorney may not have the proper experience for such actions. It has nothing whatsoever to do with criminal defense.
Just as a note: I suggested that more as a source of a referral. I think the NRA is the best place for this OP to look.
 

PayrollHRGuy

Senior Member
From the NRA-ILA site.

NRA-ILA can provide general advice regarding laws and regulations affecting gun owners, however; our attorneys are prohibited by the ethical restraints of their bar license(s) from providing specific legal advice. Our attorneys are also prohibited from discussing legal issues with individuals already represented by counsel, but may assist counsel with research and advice. You may contact the Office of Legislative Counsel at (703) 267-1161 or via email at [email protected], however; if you have a question about your case and are represented by counsel, please refrain from contacting us directly and instead refer your counsel to this office.
 

Zigner

Senior Member, Non-Attorney
From the NRA-ILA site.
Also from the site:

NRA-ILA maintains a list of attorneys who have identified themselves as willing to consider cases involving NRA members. Referrals are available free of charge to NRA members only. If a referral is given, the member must negotiate fees and arrangements with the attorney directly. By providing referrals, we are not endorsing or recommending any attorney on the list for any purpose -- the attorneys on the list have simply asked to be placed on our list but have not been vetted by NRA-ILA. For assistance in obtaining a referral please call (xxx) xxx-xxxx.
 

quincy

Senior Member
Finding an attorney through the NRA wasn't a bad suggestion. The NRA does not support or endorse these attorneys but instead provides a listing of attorneys who want to advertise on the site. It can be a good resource for those looking for legal help with gun law issues. It is a good place to find attorneys experienced in the gun law field.
 
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