Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My name is ***** ***** I am in some trouble and looking on

Customer Question
Hello My name is *****...
Hello My name is ***** ***** I am in some trouble and looking for advice on what I should do.
JA: Thanks. Can you give me any more details about your issue?
Customer: Last week, I was held on a 5150 involuntarily hold to the hospital by a police officer. They took my gun away. I was under the influence of alcohol and sent a goodbye text to my friend and he called 911 on me. The psychiatrist terminated the hold and released me after I sobered up.
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
2/18/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,063
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

Were you under an involuntary hold for more than 72 hours? What is your question with regard to this incident?

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
No I was not held for 72 hours or more. My question is; what is going to happen to my second amendment right at this point? Does the hospital send any paperwork to the DOJ? Even if the hospital terminated the hold and I was released, does the police department have any authority over my second amendment right?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Thank you for the information and sorry for the delay. I am on the east coast and I'd turned my computer off for the night by the time your response came through.

Here's the issue: 18 USC 1922 (d) makes it unlawful for anyone who has been "adjudicated a mental defective or who has been committed to any mental institution" to have anything to do with firearms. That has been construed by the courts to mean that if the institutionalization was involuntary and/or ordered by a court or an agency you have lost your Federal gun rights.

Without your Federal rights, you don't have state rights either. So the police do have the authority to take your weapons from you when they initiate a 5150 action. From there, California requires a waiting period of 5 years after an involuntary commitment before you could possess a firearm again.

If you'd been formally adjudicated a danger to yourself or others, the suspension of your California rights would be indefinite in duration and you'd have lost your state and Federal rights. But that was not the case with you. You'll have to wait out the suspension period, but you should not have permanently lost your state firearms rights.

Your Federal rights, on the other hand, are another story, for you were involuntarily committed, even if you were released within hours. Without Federal rights, you have no state rights no matter what California is willing to accord you. After an involuntary commitment, the Federal ban against your gun rights is for life and there is no way to restore it.

So you can get your California rights back, but you may have difficulty thereafter with the Federal government. If you are denied the opportunity to have a weapon because of the Federal government, you can appeal that on the basis that you were never even held for the fulll observation period and see if the Federal government will agree with your interpretation of the facts and circumstances behind your commitment.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,063
28,063 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
If convicted by the state for gun straw purchase with two
if convicted by the state for gun straw purchase with two guns not used in a crime can there be a lighter sentence then the 5 years if defendant don't have any criminal record or any contact with the … read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I am a former felon. Can I legally purchase an air gun or
I am a former felon. Can I legally purchase an air gun or pellet gun or BB gun, in Virginia, if I open carry? My probation and the other elements of my sentence were completed around February 2011, Ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,487 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What would happen for a 1 count of pointing a gun and 1
What would happen for a 1 count of pointing a gun and 1 count reckless conduct charge in Gwinett county, GA and I have never been in trouble at all?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
I would like to purchase a "gun" for pest control.
I would like to purchase a "gun" for pest control. Squirrels, possums, skunks and whatever lil critter thinks it's ok to dig up my beautiful plants. I am a convicted felon in the state of VA. Possessi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
My. My question was "are gun rights automatically restored
Yes my question was "are gun rights automatically restored after 10 years without even a traffic violation New Mexico I live in Nevada now … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,063 satisfied customers
I have read california statute 244.5. Assault with stun gun
Hello, I have read california statute 244.5. Assault with stun gun or taser but I am unclear on a few things. Aside from public buildings, public meetings and airports, can one carry a 'loaded' taser … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
A company scammed my mother out of $400 for "computer
A company scammed my mother out of $400 for "computer services" my mother issued them an electronic check for the services but she didn't understand what she was paying for. I have attempted to resolv… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
You would need proof that they are hacking your computer.
You would need proof that they are hacking your computer. The first step there would be to take your computer into a local computer repair shop to be examined for spyware. If spyware is discovered, yo… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I gave a written statement taking blame for a gun that was
I gave a written statement taking blame for a gun that was not mine I was sitting passenger and was found in vehicle is there any options I have or just having to take time for this… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,063 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x