How long after getting a 5150 you can buy a gun in California depends on whether or not you are placed on another 5150 hold within a year. After a 5150 hold, you will not be able to own a gun for five years. If you are placed on another 5150 hold within the same year, you will face a lifetime ban for gun ownership.
Furthermore, if your 5150 hold escalates to a 5250 hold, the lifetime ban will also automatically apply under federal law, despite California’s state law that only requires a five-year ban. A Los Angeles 5150 holds lawyer can help you restore your right to own firearms by requesting a hearing and challenging the five-year ban.
If You Were Placed on a 5150 Hold One Time During the Span of a Year
California’s Welfare & Institutions Code § 5150 allows a person to be involuntarily admitted into a psychiatric facility to be observed and treated for 72 hours if authorities believe they are a danger to themselves or others.
Subsequently, §8103(f)(1) mandates that upon their release, they will be banned from owning, buying, possessing, receiving, or controlling a firearm for five years.
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If You Were Placed on a 5150 Hold More Than Once During the Span of a Year
Your gun ownership rights can suffer irreparably if you are placed on a second 5150 hold within the same year. Under the same statute, you will lose your right to possess, own, receive, or control a firearm ever again in your life.
What happens after a 5150 hold, such as being placed on the same hold within a year or the escalation of the hold, will determine if you can buy a gun in California ever again.
If Your 5150 Hold Leads to a 5250 Hold, Buying a Gun in California Will Be Federally Prohibited
A 72-hour hold under 5150 can result in an extended hold for 14 days if your psychiatric doctors believe you still pose a threat to yourself or others. This is known as a 5250 hold. You will continue to receive treatment and be reevaluated after the 14-day period is over.
When it comes to the ban of firearms rights, the difference between 5150 and 5250 is drastic. Unfortunately, you will have a very difficult time ever owning a firearm after a 5250 hold.
California’s Law vs. Federal Law
Despite the fact that California’s state law, §8103(g)(1)(a), a 5250 hold—or anything beyond this, such as a 5260 hold or a 5270.15 hold—only requires a gunrights ban for five years, you will be subject to federal law. U.S. Code 922 mandates that anyone who has been committed to a mental health institution will face a lifelong firearms ban.
Essentially, you cannot own a firearm after a 5250 because federal law always takes precedence over state law. While it is extremely difficult to challenge this ban at this point, consulting a Los Angeles mental health lawyer can help.
How a 5150 Holds Attorney Can Help You Buy a Gun in California After Getting a 5150
While the consequences of a 5150 hold on firearm rights are severe, a 5150 holds lawyer in Los Angeles can advocate for restoring those rights through the proper legal channels. Under §8103(f)(3), an individual is permitted to request a hearing to challenge the five-year firearm prohibition after a single 5150 hold.
At this hearing, your attorney can present evidence and arguments demonstrating you no longer pose any risk that initially justified the firearm ban. If successful, the court may reinstate your ability to legally purchase and possess guns in California.
Moreover, if medical providers attempt to extend your involuntary commitment beyond the 72-hour 5150 to a 14-day 5250 hold, a lawyer can contest such an extension. Since a 5250 hold triggers an effective lifetime firearm ban under federal law, avoiding this prolonged commitment is crucial for preserving firearm rights down the road.
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Learn More About How Long After Getting a 5150 You Can Buy a Gun in California
A5150 holds lawyer can protect your rights at every stage, from the initial 72-hour hold, through any potential extension requests, and in later firearm rights restoration hearings. With so much at stake, having a legal advocate on your side can help.
If you or a loved one is facing an involuntary 5150 psychiatric hold in Los Angeles, the Simmrin Law Group can fight to protect your rights and firearm ownership privileges. Contact us today for a confidential consultation. It is completely free, and you are under no obligation to learn more about your rights to buy a gun in California after getting a 5150.
Call or text (310) 896-2723 or complete a Free Case Evaluation form