Legal Question in Constitutional Law in California

At the age of 17 years old I was held on a 5150. I was released shortly after that. Now at the age of 30 years old I have been denied the right to legally own a fire arm. Is there any thing I can do to have the 5150 sealed or removed for my records?


Asked on 3/05/12, 1:37 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Not that I know of. A 5150 is a civil commitment and not a criminal conviction, so the procedures that can be used to reduce a criminal record don't apply. And in theory it doesn't say you did anything wrong but rather that there was reason to think you might have been a danger to yourself or others.

But a 5150 hold is only for three days, and the resulting ban on gun ownership lasts only for five years. If all you had was a 5150 hold, then you should be able to own a gun now.

If your hold was continued beyond 3 days, then you had a 5250 hold. California law imposes the same five-year ban in 5250 cases, but federal law requires a lifetime ban.

There is a procedure by which you can ask a state court to certify that you can safely own guns again, but that finding will only address the state-law ban -- which should be over by now anyway. It may or may not affect your rights under federal law.

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Answered on 3/06/12, 2:02 pm


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