Firearms Prohibition and Right to Hearing for 5150 Individuals
As a result of having been taken into custody, assessed and admitted pursuant to Welfare and Institutions Code (WIC) sections 5150, 5151 and 5152 as a danger to self or others, you are prohibited from owning, possessing, controlling, receiving, or purchasing a firearm for a period of five years...
Federal law may prohibit you from owning or possessing firearms for a longer period of timeIf you were held involuntarily in the facility for more than three days, then federal law may prohibit you from owning or possessing firearms for a longer period of time. Relinquishment could mean selling or transferring your firearms to a non-prohibited third party using a licensed firearms dealer (Penal Code section 28050) or you may utilize the Power of Attorney for Firearms Relinquishment Sale of Disposal (Penal Code section 29810).
WIC section 8103WIC section 8103, subdivisions (f) and (g), allow you to request a hearing by the Superior Court to provide relief from the firearms prohibition. Upon discharge from this facility, you will be provided with a Request for Hearing for Relief from Firearms Prohibition. If you request a hearing at the time of discharge, the completed form will be forwarded by the mental health facility to the Superior Court in your county of residence unless you elect to submit the form yourself.
Request for Hearing for Relief from Firearms ProhibitionIf you do not request a hearing at the time of discharge from the mental facility, a single request may be made to the Superior Court in your county of residence at any time during the five-year prohibition. The form is a form from the Department of Justice (DOJ) and entitled Bureau of Firearms, Request for Hearing for Relief from Firearms Prohibition.
Upon completion of the form and filing it at the appropriate Superior Court, the court shall set a hearing date within 30 days of receipt of the request. You can either request a confidential private hearing for restoration of your rights to own or possess firearms. You have the right to request this pursuant to WIC section 8103, subdivision (f)(5). If you want a confidential hearing, the hearing is closed to the public unless the court finds that the public interest would be better served by conducting the hearing in public.