Legal Question in Civil Rights Law in California

I was put under a 5150 hold about two weeks ago and I want to regain my gun rights. I think that the hold was inappropriate--someone said that I threatened him physically, but I have been out of the country for the past few years, and when I arrived in the US, I had a bodyguard who is an off-duty police officer that I hired through a security company meet me at the airport and drive me around, so I obviously wasn't trying to do anything violent to anyone. Anyway, the police told me to report to their headquarters, they interviewed me, and then they put me on a 72 hour hold. (I was a law enforcement officer for a period of time and I made some whistleblower complaints--I ended up parting with that agency on very bad terms and have had problems police ever since.)

I had my hearing scheduled today, and I was told that I need to meet with a psychologist first. I had a lot of documentation to give him and arguments to make, but he said that he wouldn't read the documentation and that he never recommends that anyone get their firearms rights back until at least a year of "stability" occurs after the hold--he would want to interview my friends, supervisors, etc. a year from now. I was also told that the judge always accepts that psychologist's recommendation, and that if I wanted to proceed with the hearing and I was unsuccessful, I wouldn't be able to have a second hearing in a year or two regarding gun rights, I would just never have gun rights again. The judge told me that my case can be pulled off of the calendar, so I said that would be fine given that I can reschedule for a few days from now, or a few years from now.

I would like some legal opinions--is this psychologist acting legally? Can I make that person review my documentation, or should I just accept the fact that he won't recommend that I regain my gun rights within a short period of time regardless? Can I make a harassment or police misconduct or any other kind of case out of this? What is the best course of action?


Asked on 10/10/13, 5:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

What you want and what you get are generally quite different in life.

You already automatically lost your firearm rights. You already learned what the court psychiatrist informed you, none of which is unusual or subject to effective challenge. The courts do not generally override their own psychiatrist's recommendation.

I represent people seeking restoration of rights, but only if they can provide a credible 'independent expert' psychiatrist's formal report of his examination, treatment and evaluation of you and all your medical records, which unconditionally recommends full restoration, and assures the court you are not now, nor were you, a 'danger to self or others'. If and when you can get that, feel free to contact me to discuss the process and costs of seeking restoration.

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Answered on 10/11/13, 3:47 pm


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