Have you been denied a firearm or informed that you are prohibited from possessing firearms due to a 72 hour hold under Welfare and Institutions Code 5150? If so, we can help.
Under California law, a person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:
Moreover, a person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of six months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims.
While the prohibitions above are automatic, some may be challenged by petitioning the Court for relief from the automatic firearms prohibition – thereby leaving it to the State to prove that you are unlikely to use firearms in a safe and lawful manner.
Davis and Associates has a proven track record in assisting clients in restoring their firearm rights throughout Southern California. Unlike other law firms, we work closely with independent Experts in Threat Assessment to ensure that the courts are provided with accurate, thorough, and intelligent psychological examinations to rely upon in making their decision.
If you would like to meet with an attorney to discuss your Welfare and Institutions Code sections 5150 and 8103 matter and the petition process, contact us.