Behavioral Emergencies – Law Enforcement – Weapons Confiscation & 5150 Holds

Also See: North Coast EMS Mandated Reporting of Child, Elder, & Dependent Adult Abuse & Injuries by a Firearm or Assaultive or Abusive Conduct Policy #2405

WIC 8102

Officers are authorized to confiscate firearms or deadly weapons only if the person on a 5150 is accepted by a designated Psychiatric Health Facility, designated Acute Psychiatric Hospital, or inpatient psychiatric unit in a General Acute Care Hospital, for mandated evaluation under WIC 5151. Example: If a person on a 5150 hold goes to Humboldt County Mental Health Crisis Stabilization Unit (CSU) they do not lose their right to own or possess a firearm, unless or until admitted into the designated Psychiatric Health Facility (Sempervirens/SV) for treatment (WIC 5151).

WIC 1803

An order of the committing court made pursuant to this article is appealable by the person whose liberty is involved in the same manner as a judgment in a criminal case. The appellate court may affirm the order of the lower court, or modify it, or reverse it and order the appellant to be discharged. Pending appeal, the appellant shall remain under the control of the authority.

Federal law: USC Title 18, 922 [g] [4]
prohibits “a person who has been ‘adjudicated as a mental defective’ or who has been admitted to a mental institution” from possessing firearms ammunition, or explosives. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release) makes it mandatory for the Court to revoke supervision for possession of a firearm.

BOF 4009C Upon or after discharge from a Behavioral Health facility, individuals subject to WIC 1803 may request a hearing from superior court in their county as to whether their firearm right can be restored.