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My son was put on a medical 5150 not criminal but he owns a…

Customer Question
My son was put...

My son was put on a medical 5150 not criminal but he owns a gun how can he get his right to have his gun back?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any official paperwork been filed?

California. When he was released from the hospital the paper was in his folder

Lawyer's Assistant: Have you talked to a lawyer yet?

It was a drug induced psychosis he doesn’t have a mental illness No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is all new to us

Submitted: 3 months ago.Category: Criminal Law
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Answered in 1 hour by:
1/3/2018
Criminal Lawyer: QuickEasyLegalHelp, Criminal Justice Lawyer replied 3 months ago
QuickEasyLegalHelp
QuickEasyLegalHelp, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 199
Experience: Former District Attorney and Criminal Defense Lawyer. I know both sides of the law and can guide you towards freedom.
Verified

Hello, I am an attorney and I will be helping you. Nice to meet you.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I am sorry to hear about your son.

And I have some bad news and some good news. I think you will be happy with the answer.

In the state of California, there is a ban on owning a firearm after a 5150 for FIVE years. Meaning, the person cannot possess a firearm for 5 years after the incident.

(Note: California is a lot more lenient than the Federal rule - which is a ban for lifetime!!)

Here comes the good news:

Section 8103(f)(5) allows an individual, like your son, to petition the court ONE TIME IN THE FIVE YEARS, to have the court restore their rights to own a firearm. Note, he can only ask for this special exception one time.

Because he can only make this request one time, I strongly advise that you get a local lawyer to assist you in the filling out the forms so you make sure to do it correctly. Remember, he will not be allowed to ask twice, so it has to be done properly.

I wish you good luck with this!

If I have answered your question, please click YES/ACCEPT on your screen. It does not cost you anything to click and it is the only way I can get credit for my work, and of course a positive 5 star rating would be appreciated. You can still ask me all your follow up questions, even after you please click YES/ACCEPT.

I wish you all the best in 2018.

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Criminal Lawyer: QuickEasyLegalHelp, Criminal Justice Lawyer replied 3 months ago

Hi, just following up to see if you have any further questions.

Please click YES/ACCEPT or just go ahead and type ACCEPT in the chat box. It does not cost you anything to click or type this and you can still ask me follow up questions. Thank you!

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Criminal Lawyer: QuickEasyLegalHelp, Criminal Justice Lawyer replied 3 months ago

I just want to let you know that if you don't click 5 stars or ACCEPT, then I can't get paid for any of the time we spent together.

If you need something else to be able to click, I am totally happy to help you!

It's just important that I don't lose all of the time I spent helping you.

Thank you SO MUCH for understanding, it does not cost you anything to PLEASE CLICK.

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QuickEasyLegalHelp
QuickEasyLegalHelp
QuickEasyLegalHelp, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 199
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Experience: Former District Attorney and Criminal Defense Lawyer. I know both sides of the law and can guide you towards freedom.

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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).

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