Help reclaiming weapons

Discussion in 'Legal and Activism' started by hernando, Nov 23, 2010.

  1. hernando

    hernando New Member

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    Hey all, new to the forums, and I can't say it's under the best circumstances, and there's a bit of a story to this post, so bear with me.
    My pops is an old Army vet, diagnosed with severe PTSD. Today, 1 day before his anniversary of the Soviet Defector Incident in the Korean DMZ way back when, he had another zone out, but this one was ugly enough that police were involved.
    He's being filed as a 5150, involuntary psychiatric hold, and by law is not allowed to own weapons for 5 years. The sheriffs came to confiscate all 10 of our firearms just a while ago, after chatting with us for a while. Now I signed out for the weapons, and now I'm left with trying to figure out how to keep these family heirlooms stay with us, and are not destroyed.
    Does anyone know what the procedure is for reclaiming these weapons, perhaps in my name? I'm 20, so I'm iffy about how they'll handle the 2 handguns, but I'm at a loss here. I have a temporary address far from them at my university, where I can keep the weapons, but my permanent is still with my mom and pops. Any hints?


    This is all in California, btw.
    thanks for any advice!
     
  2. Neophyte1

    Neophyte1 New Member

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    Legal System

    Sir; you have a serious issue. Student, age, California. a big mess

    your recourse; sadly; is through the legal system.

    Maybe? a lawyer will ''pro bono'' you:)

    find one involved; Second Admendment activities
     

  3. winds-of-change

    winds-of-change The Balota's Staff Member

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    Good luck. You are definitely going to need a lawyer.
     
  4. jeepcreep927

    jeepcreep927 New Member

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    You may try contacting the NRA and if there is nothing they can do to help you directly, the attorneys could at least point you in the right direction.

    Good luck.
     
  5. IGETEVEN

    IGETEVEN New Member

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    Your pops is a veteran, is he being treated and seen by the VA for his PTSD? You will need legal representation, so check with the Veteran's Affairs Administration advocates and see if you can be referred to an attorney that deals with and represents veterans pertaining to veteran benefits and other veteran issues. Even if he has been declared "Incompetent" he still has legal rights to own a firearm. That's a start and good luck!

    Also, how soon before you turn 21?
     
  6. c3shooter

    c3shooter Administrator Staff Member

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    Igeteven- I have to respectfully disagree with you. Depending on the law in THAT jurisdiction, if he has been adjudged mentally incompetent, the powers that be may have an order that WILL legally prevent him from POSSESSING a firearm. He can still OWN them.

    To the OP- I am truly sorry that your Dad's health has come to this- but he is fortunate that he has a son trying to do the right thing. As a first step, you might consider making an appointment with a supervisor at the law enforcement agency, sit down with them, explain that you want to secure your dad's firearms, and ask how you would need to go about that. You did not mention your Mom- if she is still in the picture, she would be "Next of Kin" and would need to be involved.

    IF you hit the stonewall (not a guaranteed thing- many LEOs are decent folks) THEN you will need to talk to the attorney. Handguns WILL be an issue for you if under 21.
     
  7. hernando

    hernando New Member

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    Ok, so I've talked with the officers who were there, and they're all pretty gung ho 2nd amendment guys, so I think I lucked out with that. Plus I'm fortunate enough to be familiar with one of the attending deputies' daughter. But, as they stated and as you have echoed here, it is the supervising Officer's call.
    Yes, my dad has been receiving treatment for a while now.
    I don't turn 21 until May of next year, but I may have one thing in my favor: I'm a trained Army 11B Infantryman and qualified as a Squad Designated Marksman. I've been in the Cal Guard since I was 17. I'm hoping that I can convince them to not lobby to retain the weapons and hand them over to my custody. Of course, my mom is still in the picture, and she accompanied him all the way down to the VA hospital. She's the one who recommended to the watch sergeant that I sign for the weapons.
    I'll definitely try getting legal advice from some friends of mine who are actually new lawyers in the work force. Maybe a call to Bill Handel too, haha.
    Thanks for the leads all. I'll fill you in if anything major develops.
     
  8. willfully armed

    willfully armed New Member

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    interesting story... please keep us apprised of updates.
     
  9. JonM

    JonM Moderator

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    i hope it works it out. but this is why it is so very important to have living wills and proper powers of attorney drawn up to cover thngs like being declaired incompetent.