5250 federal firearms ban?
As I understand it, you received a certification notice under WIC 5250, you had a certification hearing under WIC 5254, and its was determined that there was no probable cause to believe that you needed further detention under WIC 5256.5. I BELIEVE that this must result in the conclusion that you were NOT "formally" committed to a mental institution as defined in federal law. I believe that the experience of the poster in your link was contrary to law, and that he could have successfully challenged the DOJ's position. However, I am checking with colleagues with more expertise to make sure. If you check back on your question in a day or two, I will try to update it. (Don't pick a best answer before that.) You are subject to the 5-year California ban only if your 5150 hold was due to dangerousness, not grave disability. If it was, I again think it is clear that the findings made at the hearing preclude application of any laws concerning a 5250 commitment. You can therefore petition the court to have that prohibition removed, and you will be allowed to possess a firearm unless the DA can prove that you cannot possess firearms in a safe and lawful manner. You should consult with counsel before filing such a petition.
Does a 5250 mean i am banned from owning guns for life?
"When you are held or certified for additional treatment as a danger to self or others, or gravely disabled, the facility is required to notify the California Department of Justice. The Department of Justice then places your name on the state mental health firearms prohibition database. You may ask the superior court in the county in which you live for a hearing to restore your right to possess firearms under California law. At this hearing, the burden will be on you to prove that you can safely possess firearms. However, even if you have your right to purchase and possess firearms restored under California law, you may still be subject to the federal life-time prohibition." Basically, sounds like you are completely screwed by a lifetime prohibition by the Feds. I see no remedy here for you. Sorry.
Does the California 5250 law mean I can't live in a house where someone owns firearms?
If you were detained under 5250 then the law requires that there have been a certification hearing at the end of your detention period. (Being held under 5250 is a 'detention', not a commitment) At that hearing, the doctor may tell the hearing judge that you are a "danger to yourself and/or others", and request a five year suspension of your right to own a firearm. You had the right to contest that request, including calling other doctors to disagree. As you have discovered, CA reports all negative 5250 certifications to NICS, and the Feds consider a 5250 hold a "commitment", triggering a lifetime ban on ownership. Since it is now over 5 years since your 5250, you are not banned from gun ownership or possession under CA law, but you are still banned under Federal law. This means that you will be unable to "buy" a gun as you cannot pass a background check. However.... CA law enforcement do not enforce Federal law, they enforce CA law. If you are living in a house where other residents own guns, it 'might' be arguable that if you have access to the guns (They are kept unlocked, or in a common area) then you have de facto "possession' of them in violation of Federal law - but who is going to make that argument? Under what circumstances are Federal agents going to be searching your home and checking your NCIS status? In the normal sort of interaction with police - say a fight in the house over which someone calls the cops - it will be the police or sheriff that responds..... and you are not breaking any law that they have jurisdiction over. EDIT..... The link the poster above shows refers to getting your gun rights back after a *5150* hold, not a *5250*. 5150 holds are not reported to NCIS and do not trigger a Federal ban. Richard
California Involuntary 5250?
Unfortunately, you are now subject to a lifetime Federal firearms prohibition. The fact that you do not reside in California makes no difference. If they have not already been informed, the FBI will soon receive the record of your 5250 and add it to the NICS database, which will be used to deny you any future firearms purchases. If you currently own any firearms, you will need to have them legally transferred from your possession as soon as possible, as possession by prohibited persons is a felony. As of this moment, there is no way to have your firearms rights restored. There is some hope that California will implement a Relief from Firearm Disabilities program as outlined in the NICS Improvements Amendments Act, but the state has not yet done so. There is no active Federal relief program for mental health firearm prohibitions. By the way, it is not California law that institutes the lifetime prohibition, but Federal law. California law covers the 5250, but Federal law declares it a lifetime firearms prohibition. However, the prohibition must be removed by the state of California since that is where the incident occurred, and again, there is no legal mechanism in place to do so. At least, not yet. In my opinion, it is a rather unfair interpretation of the law, as the Federal statute is supposed to cover "commitments" to a mental institution. Over the past few decades, the definition of "commitment" has been eroded to the point that a single stay of 2 weeks (or as in your case, less) in a hospital is considered a commitment. I do not believe a lifetime denial of fundamental civil rights is proper based on a sample size of less than 2 weeks of someone's life. However, that is the law as it stands now. I am sorry to hear of your situation.