Q: How to appeal a gun prohibition because of 5150 hold that was over a year ago?
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- California
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A:
To appeal a firearm prohibition due to a 5150 psychiatric hold in California, you'll need to file a petition with the superior court in your county of residence. The process involves requesting a hearing to prove you can safely possess firearms again.
You should gather documentation showing your current mental health status, including evaluations from mental health professionals stating you're not a danger to yourself or others. Letters from family, friends, or employers attesting to your stability and character can also strengthen your case. The court will consider factors like your compliance with treatment, any medications you're taking, and your overall progress since the hold.
Consider working with an attorney who handles firearm rights restoration cases, as they can guide you through the complex legal requirements and help present your case effectively. The hearing typically involves testimony from you and potentially your mental health providers. If successful, the court will issue an order restoring your firearm rights, which you can then provide to the California Department of Justice to update their records.
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