• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Medical Treatment for Illness and CCW Renewal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Slvrsrfr

Junior Member
Friends, I'll bet you haven't heard this one before.

In 1995 I was self-employed in Executive Protection and had a CA CCW for 10yrs. My stability and competence is rock solid, my Tng&Exp includes; Paratrooper, Law Enforcement, Emergency Medical Technician, Administration of Justice Major, 4 Martial Arts, Security Clearances, etc., and no negative marks on my CCW's. Never had a police incident or talked to anyone in the psychiatric field.

Until, 10yrs later my Dr. told me I had Hep C and need to go on the year long Interferon treatment with chemo to get rid of this life threatening disease. Treatment has known horrible side effects, severe complications, and usually takes years to recover, about 25% can't finish it. While under Doctors care the extreme side effects during and post treatment put me in 5150/5250 psych ward situations many times – voluntary and involuntary. Severe depression and thoughts of suicide are a few of the many horrible known side effects, so being closely monitored by a psychiatrist was mandatory as part of the treatment thru the VA hospital.

My complications were extremely difficult and almost had to stop the treatment. The psychiatrists continue to prescribe more and more medications for more and more side effects. When I stopped taking them my mind began to clear up and I regained my stability and sound mind. I was so out-of-it I couldn't find my own butt to scratch it, but I am now fully recovered and back in condition to return to work, however now I have many 5150/5250 entries to deal with. And a possible lawsuit; I should have been told the side effects could be THAT bad.

5150/5250 laws prevent someone unstable from getting a CCW where justified, but when they are the results of side effects and complications from necessary medical treatments for a serious illness while under doctors care; Would I be exempt under a medical exclusion rule that addresses this unique situation. Is there a exclusion rule?
OR
Am I screwed from getting another CCW by the 5150/5250 laws that it's not even worth pursuing? Is there a way to get these 5150s/5250s removed, sealed, or expunged so I can return to work and earn a living since I don't have any psychological issues?

Where would I best begin? With an Atty, the Courts / Judge, DOJ, Police / Sheriff. I'm trying to avoid the 'Opps,I should have done that first' situation, any guidance, advice or where to start would be greatly appreciated.

Slvrsrfr
 


CdwJava

Senior Member
You can go before a court and ask that your firearms rights be restored.

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

Welfare and Institutions Code section 8100 et seq. explains the law and allows for you to petition the court at least once during your five year prohibition for a restoration of your firearms rights. However, given that you have "many" 5150/5250 commitments to contend with, I seriously doubt that any court is going to restore those rights. Your best bet would be to consult an attorney experienced in this area of the law and seek his or her advice on how to proceed ... or if you have a chance at all.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top