Oakland, CA asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California

Q: 23 year old son denied handgun purchase in CA, by DOJ. Stated reason is “mental defect”

Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance

Issues and alcohol consumption. No problems

Since. 11/2018 incident and it’s now >5 years since 5150. Regs state eligible to purchase after 5 years. Are DOJ records updated frequently? Any way to find out besides lengthy appeal process? Thank you!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any other disqualifying factors.

The Department of Justice (DOJ) records are usually updated, but there can be delays or errors in the system. It's possible that your son's record hasn't been updated correctly to reflect the lapse of the five-year period.

To address this issue, your son can request his own record from the DOJ to check for inaccuracies. This is done through a Personal Firearms Eligibility Check (PFEC), which provides information on his eligibility to purchase and own firearms in California.

If the record still shows the 5150 hold as a disqualifying factor, he may need to initiate an appeal process. This can be lengthy, but it's the official way to correct any errors and restore his eligibility.

In the meantime, contacting the DOJ directly for guidance might help clarify the situation and provide specific steps for resolving it. A legal professional experienced in firearms law can also assist in navigating this process more effectively.

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