Can a 5150 be overturned? 3 Answers as of April 08, 2011

I got taken to to the hospital because I had a migraine and said I felt like shooting myself. A person in my moms house called police and told them I had a gun, even though it was a lie. Now I'm 5150 and cant get my guns back from police.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson

If you have a 5150 record, then you are permanently barred from possessing firearms or ammunition. There is no overturning a 5150, nor clearing or erasing it. Records are forever. Whether you are 5150 is the question. If you were only held for observation for 72 hour or less and then released, you are not supposed to be classed as 5150. That occurs when you are bound over after the 72 hour hold. Which was it? If not 5150, then you can file a motion with the court for return of property, gun, etc. The court will then decide in their discretion whether to order return. If serious about hiring counsel to help you in this, feel free to contact me.
Answer Applies to: California
Replied: 4/8/2011
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
You have to prove that you are not a danger to yourself or others. This will take time but the people have burden of proof in the case.
Answer Applies to: California
Replied: 4/7/2011
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