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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: 6 months ago.Category: Criminal Law
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Answered in 1 hour by:
1/3/2018
Criminal Lawyer: Layne Pecoff,
 replied 6 months ago
Layne Pecoff
Category: Criminal Law
Satisfied Customers: 201
Experience: dasdasd
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: Layne Pecoff,
 replied 6 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!

Ask Your Own Criminal Law Question
Criminal Lawyer: Layne Pecoff,
 replied 6 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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