How long after 5150 can I buy a gun?

Buying a Gun After a 5150 Hold: Your Rights and Restrictions

Being placed under a 5150 hold, also known as an involuntary psychiatric holds, can be a devastating experience for individuals and families. Once the hold expires or is released, individuals might wonder what their rights and restrictions are regarding gun ownership and purchase. In this article, we will explore how long after a 5150 hold you can buy a gun, and more importantly, what you can do to regain your constitutional right to bear arms.

How Long After 5150 Can I Buy a Gun?

For individuals in California, if you were placed under a 5150 hold (also known as a crisis intervention hold) and involuntarily detained for medical treatment, you are ineligible to own or purchase firearms for 5 years [1] from the release date or the expiration date of the hold, whichever is later. This is in line with the California Department of Justice (DOJ) guidelines on firearms restrictions.

In other states with similar involuntary psychiatric hold procedures, the waiting period after a hold may vary but generally falls within a year to a few years (details below):

Understanding Why the Restriction Exists

The reason for this post-5150 hold period is primarily to ensure that individuals do not pose an immediate danger to themselves or others before they can prove they can safely handle weapons. After a 5150 hold, it can be uncertain whether the person has addressed their mental health issues and is no longer a threat to themselves or others. By imposing this waiting period, authorities prioritize public safety and the general well-being of the individuals involved.

What To Do Before Buying a Gun After a 5150 Hold

Before attempting to buy a gun after being released from a 5150 hold, consider taking the following steps:

• Counseling or therapy
• Compliance with prescription medication treatment plans
• Data-driven behavioral changes
• If applicable, completion of Crisis Intervention Team (CIT) programs
• Informing friends, family members, or healthcare providers that you wish to reevaluate your rights

Factors That Might Affect The Waiting Period

In the event you are unsure if you need to wait beyond the prescribed 5- or 1-year-period, you should consider discussing your circumstances with a mental health professional (MHP) or lawyer. Here are some mitigating factors that might have an impact on the delay:

• Diagnosed conditions: If, during or after the involuntary hold, you received diagnoses or are being treated for conditions not related to or exacerbated by the 5150 event, this evidence might justify a shorter delay or possible exemption.
• Completed treatment: Participating in and successfully undergoing treatment plans, such as therapy, medication, and lifestyle adjustments, could suggest you’ve made significant efforts to stabilize your mental state.
• Licensing or certificate requirements: Having a special license or completion of certified programs (such as firearm safety courses, hunter’s education, etc.) before attempting to regain your firearm rights might significantly reduce or eliminate the required waiting period.

Removing Gun Ban After a 5150 Hold

Although the restrictions are in place, individuals can work with mental health professionals, submit documentation of their progress or treatment completion, and plead their case to regain the right to own or possess firearms.

Conclusion
In the aftermath of being placed under a 5150 hold, it can be essential to understand both the limitations and the required steps towards regaining legal access to firearms. Staying vigilant about your restrictions, compliance with treatment requirements, and demonstrating responsible lifestyle improvements can expedite the readjustment process. Refer to this article for accurate general information about the waiting periods or consult professionals for personalized consultation.

It is crucial that individuals considering buying a gun after a 5150 hold educate themselves on any specific legal requirements, consultation with MHPs/lawyers, and proactive steps they can take during the required waiting period, as a means to a safer society.

Citations and References

[1] California Dept. of Justice, Chapter 17, Section 8102, “Eligibility for Firearm Licenses.

“; [2] Florida Gov. Webpage, SB 182, “Protection of Certain Individuals and Improving Response to Mental Illness”>

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