Legal Question in Criminal Law in California

Re: reversal of restriction to welfare and institutions code 8103

If you are placed on a 72-hour hold (also known as a "5150") as a danger to self or others and admitted to a facility for treatment, you are prohibited from purchasing or possessing firearms while you are in the facility and for five years from the date of admission to the facility. When you are admitted to a facility as a

danger to self/others, the facility is required to notify the state Department of Justice. The Department of Justice then adds your name to the state mental health firearms prohibition database.

Before discharging you, the facility staff must notify you that you cannot possess or purchase firearms for a period of five years. At the same time, the staff must advise you of your right to go to court and ask a judge to restore your right to possess and purchase firearms. If you request this hearing when you are

being discharged from the facility, the staff should provide you with a hearing request form and forward the form to the court on your behalf. After you are discharged from the facility, you can request a hearing by calling the California Department of Justice.

The hearing takes place in the superior court of the county in which you live. Because a lot of personal

information about you and your mental health treatment will likely be discussed at the hearing, you can ask the judge to close the court room so that the public cannot attend. At the hearing, the state has the burden of showing that you would not be likely to use firearms in a safe and lawful manner. If the state

does not meet this burden, the judge will issue an order finding that you are not subject to this five year prohibition and the state Department of Justice will remove your name from the state mental health prohibition firearms data base.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com