Mental healthy and gun rights can be a nuanced subject. In order to help navigate this difficult area of law, we will briefly discuss each in turn and then conclude with a discussion of the federal lifetime ban under 18 U. Randall , a trusted California Law Firm.
We specialize in helping individuals get their life back with California criminal record expungements and federal licensing services. Our expert gun rights restoration attorneys are prepared to help you navigate mental health and gun rights.
We are ready to take on the issues to give you back the constitutional rights that you deserve. A person who has been i taken into custody as provided in Section because that person is a danger to himself, herself, or to others, ii assessed within the meaning of Section , and iii admitted to a designated facility within the meaning of Sections and because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
The facility where the person is held must before, or during discharge of the patient, inform the person that he or she is prohibited from owning or purchasing any firearm for a period of five years. Within seven days after the request for a hearing, the Department of Justice DOJ shall file copies of the reports described in this section with the Court.
The reports shall be disclosed upon request to the person and to the district attorney. In addition, if the district attorney declines or fails to go forward in the hearing, the Court must similarly order that the person not be subject to the five-year prohibition and a copy of the order shall be submitted to the Department of Justice.
Finally, if the Court denies the petition, then the person subject to the five year or lifetime ban remains under prohibition until their time has expired. In other words, the burden shifts and it becomes more difficult to restore your firearm rights. This is why it is imperative to be successful on the initial hearing and to learn as much possible about mental health and gun rights law.
If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:. You are not under criminal arrest, but I am taking you for an examination by mental health professionals at. You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water.
You may make a phone call and leave a note to tell your friends or family where you have been taken. The information shall be given orally and in writing and in a language or modality accessible to the person. Accommodations for other disabilities that may affect communication shall also be provided. Mental Health Holds. Mental Illness, Violence, and Suicide Mental illness is the cause of relatively little interpersonal gun violence in the United States.
Involuntary Psychiatric Holds and Firearm Prohibitions in California The process of receiving involuntary psychiatric care may result in firearm removals and prohibitions at both the state and the federal level.
Inpatient Hospitalization If a person detained on a is officially admitted to a designated inpatient facility for DTS or DTO, California law prohibits them from purchasing or owning a firearm for the next five years. Psychiatric Commitment Firearm prohibitions may also result from a commitment hearing. What You Can Do If a clinician suspects that someone poses a risk of harm to themself or someone else and is not certified to file a , they can involve someone who is able to, usually an emergency mental health provider or a law enforcement officer.
Page last updated October Click to view references. Skeem, J. Choe, J. Centers for Disease Control and Prevention. Gun Control Act of , Pub.
Health Affairs. Behavioral Sciences and the Law. Learn more about potential interventions. Safe Storage. Temporary Transfers. Storing guns outside the home when someone is at risk can be lifesaving. Civil Protective Orders. Protective orders can remove firearms from dangerous situations. Prepare to be interviewed and asked for dates, names and locations of the attorney that represented you, the county courthouse where your case was filed, the hospital or mental health facility where you were held, etc.
Gather every piece of paper concerning the case or event which resulted in the loss of your gun rights. Copies of court documents and letters or bills from the attorney who previously represented you in court, are particularly useful. If we ask you send us documents and papers for review before a consultation, please either fax them to us at , email them as a pdf file or if you prefer to send them by mail, please send only copies, not the originals, as the United States Postal Service is reliable, but not perfect, and items do occasionally get lost in the mail.
The original documents may be needed in future court proceedings. If you lost your gun rights because you were detained for a mental health evaluation also known as a "" , your discharge papers and bills from the hospital or mental health facility will also be of assistance in obtaining the medical records pertaining to your case. If you were detained, assessed and admitted against your will to a mental health facility for psychiatric evaluation, which resulted in a determination that you were a danger to yourself or to others, California law strips you of your gun rights for five years.
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