Have you been denied a firearm or informed that you are prohibited from possessing firearms due to a 72 hour hold under Welfare and Institutions Code 5150? If so, we can help.
Under California law, a person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:
- Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;
- Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;
- Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;
- Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;
- Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism
Moreover, a person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of six months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims.
While the prohibitions above are automatic, some may be challenged by petitioning the Court for relief from the automatic firearms prohibition – thereby leaving it to the State to prove that you are unlikely to use firearms in a safe and lawful manner.
Davis and Associates has a proven track record in assisting clients in restoring their firearm rights throughout Southern California. Unlike other law firms, we work closely with independent Experts in Threat Assessment to ensure that the courts are provided with accurate, thorough, and intelligent psychological examinations to rely upon in making their decision.
If you would like to meet with an attorney to discuss your Welfare and Institutions Code sections 5150 and 8103 matter and the petition process, contact us.