Can I buy a gun 5 years after 5150?

Can I Buy a Gun 5 Years After 5150?

The process of buying a gun in California is already strict, and for individuals who have undergone a 5150 psychiatric hold, it can be even more challenging. But what happens when you have completed the required treatment and are wondering if you can buy a gun 5 years after the hold?

What is a 5150 Psychiatric Hold?

A 5150 psychiatric hold, also known as a "hold for treatment," is a legal process in California where an individual is detained by law enforcement and taken to a mental health facility for evaluation and treatment. This hold is usually initiated when there is a concern that an individual poses a significant risk of harm to themselves or others.

Can You Buy a Gun 5 Years After 5150?

In California, individuals who have undergone a 5150 psychiatric hold are subject to a longer waiting period before they can purchase a gun. Under California law, an individual who has been subjected to a 5150 hold cannot purchase a gun for a period of 5 years from the date of the hold.

Key Point: A 5-year waiting period applies after a 5150 psychiatric hold, but it may be longer depending on other factors, such as court orders or probation requirements.

The Process for Buying a Gun in California

Before we dive into the specifics of buying a gun 5 years after a 5150 hold, let’s review the general process for buying a gun in California:

• Age requirement: You must be at least 21 years old to purchase a rifle or shotgun, and 18 years old to purchase a handgun.
• Background check: You will need to undergo a background check through the California Department of Justice (DOJ) to ensure you do not have any felony convictions, mental health issues, or other disqualifying factors.
• Application process: You will need to submit an application to the DOJ, which will require proof of identity, residency, and other documentation.

Buying a Gun 5 Years After a 5150 Hold: The Process

If you have undergone a 5150 psychiatric hold and are wondering if you can buy a gun 5 years later, you will need to follow the same process as anyone else looking to purchase a gun in California. However, there are a few additional factors to consider:

• Waiting period: As mentioned earlier, there is a 5-year waiting period after a 5150 hold before you can purchase a gun. However, if you have any other felony convictions or are subject to a court order or probation requirement, the waiting period may be longer.
• Background check: The background check process is still required, but you may need to provide additional information or documentation related to your 5150 hold.

Additional Factors to Consider

While the 5-year waiting period is in place, there are several other factors to consider before buying a gun 5 years after a 5150 hold:

• Court orders: If you have a court order preventing you from owning or purchasing a gun, you will need to resolve this issue before attempting to buy a gun.
• Probation requirements: If you are on probation and it prohibits you from owning or purchasing a gun, you will need to complete your probation before buying a gun.
• Mental health treatment: While the 5-year waiting period has passed, it’s essential to ensure that you have completed any required mental health treatment and are considered a low risk by law enforcement and mental health professionals.

Table: Comparison of Gun Purchasing Regulations in California

Conclusion

Buying a gun 5 years after a 5150 psychiatric hold can be challenging, but it’s not impossible. By understanding the process and considering additional factors, you can take steps to ensure you are in compliance with California gun purchasing regulations. Remember to keep in mind the 5-year waiting period, additional documentation requirements, and potential court orders or probation requirements before attempting to buy a gun. With patience and persistence, you can re-enter the gun ownership market after a 5150 hold.