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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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Wrongly held in psychiatric unit. Will it be on medical records?

Customer Question

I was arguing with my wife last Monday, during that, I used some words that I regret, I did not mean that, I was not trying to do anything, and I never did, but I used words, I will kill myself and I even touched my gun, but I did not nothing !!

I just wanted to scare her

she called cops and they took me to psychiatric emergency EMS< I got 5150 and I was supposed to be there 72 hours,

However I was released the next day, because the doctor decided that I was not sick, I was okay, and I was free to go.

Question

- will it be reported on my medical or any record (I was released the next day , and I was said I was OK, no mentally ill)

- am I banned to have a gun because of that?

I know that after 5150 and 72 hours hold, u can not have a gun in state of California for 5 years, but I was released the next day, and I doctor said I was not sick,  it was just a stupid joke I did, but it cost me to be taken by the police ( I was not arrested).

Submitted: 2 years ago.
Category: Legal
Expert:  Phillips Esq. replied 2 years ago.

I was arguing with my wife last Monday, during that, I used some words that I regret, I did not mean that, I was not trying to do anything, and I never did, but I used words, I will kill myself and I even touched my gun, but I did not nothing !! I just wanted to scare her she called cops they took me to psychiatric emergency EMS< I got 5150 and I Was supposed to be there 72 hours, however I was released the next day , because the doctor decided that I was not sick, I was okay, and I was free to go. question - will it be reported on my medical or any record ( I was released the next day , and I was said I was OK, no mentally ill) Response 1: The fact that you were admitted would become part of your medical record. However, the record would also show that you were released less than 72 hours after your admission without further treatment recommendation. - am I banned to have a gun because of that? Response 2: No, you are not. See California Welfare and Institutions Code Sections 8100-8108: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=08001-09000&file=8100-8108 I know that after 5150 and 72 hours hold, u can not have a gun in state of California for 5 years, but I was released the next day, and I doctor said I was not sick, it was just a stupid joke I did, but it cost me to be taken by the police ( I was not arrested) Response 3: You would not lose your rights. See California Welfare and Institutions Code Sections 8100-8108 and also Sections 5150-5155: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=08001-09000&file=8100-8108 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=05001-06000&file=5150-5155

Customer: replied 2 years ago.

So it will be on my medical record. If I will be questioned in the future

- have you ever had any mental illnesses

how should I respond, yes or not?

- have you had any suicide thoughts?

the point is, I never had ones, but I said that, because I was upset,

so how should I respond to questions like that?

The whole point of this issue is my dream job, that probably is gone, just because of that.

I wanted to apply to Sheriff Department, but after 5150 on my record with a note (he wanted to kill himself with a gun) doesn't really look good, and I don't think, I will be able to explain the situation.

Do you have any experience with that?

Expert:  Gerald, Esq replied 2 years ago.

There was NO LEGAL COMMITMENT. You were merely given an assessment. Since you were released without any treatment clearly the results of the assessment was that you had no mental health issues relevant to the legal standard at issue. Therefore, the correct answer to questions regarding diagnosed mental health issues is NO. The correct response in regard to suicidal thoughts is the same. If the correct response were YES to either you would have been committed. You were not.