Legal Question in Civil Rights Law in California

In July I was wrongly hospitalized under a 5150. After realizing my mental state was fully intact I was released before the 72 hour hold period. Up until this incident I have never been in any trouble but I had also been a long time gun collector. Everything totally legal, all registered, I have been through numerous training courses, participated in low level competition and an avid hunter. My question, is there a way to have this mark on my 5 year record removed based on the fact I was not having a mental breakdown? A kid giving me a tattoo dosed me with PCP triggering 3 hours of mayhem I have no memory of. In that timeframe I was robbed and then someone in another state called 911 and my family. Isn't there clearly enough question to overturn this? My collection is gone and frankly its not about the guns, its my record and the question of whether I can think soundly. As I prepare to cast "my" vote for our next leader I find it hard to understand how I can select a President, sentance someone to death and pay taxes but I can't keep my constitutional right to bear arms. Please help!!!


Asked on 10/23/12, 4:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If this happened last July as indicated, what are you referring to as 'five year record'? Loss of firearms rights for five years? That is supposed to occur if you were held involuntarily for more than 72 hours. You said you weren't.

If by overturn, you mean you lost your firearm rights and want them back, then your remedy is to file a Motion and Petition with the court seeking an order restoring firearms rights upon a showing of legal and factual good cause, sufficient to convince a judge to do so. If you think you have such good cause, and are serious about hiring counsel for the legal help you need, feel free to contact me.

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Answered on 10/23/12, 4:49 pm


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