Calif. guns confiscated because of reaction to prescription

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billykaldrich

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My buddy hurt his back on the job and was home on temp. disability. He had a prescription for vicodine and woke up at night in pain took what he thought was his pills when in fact it was his girlfriend prescription and this caused a reaction that made him dioriented. a nieghbor called the police to check on his well being and told them that he was a gun owner and they asked him a series of questions that he did not answer to thier liking and he was handcuffed and transported to a local hospital psyc ward and released 24 hours later. the police psyc doctor and his private psyc did evaluations both said he was sick basically and the Police will not return the guns.He was not arrested,convicted of any crime but they grabbed them 2 Valtros,a race gun and Ar and several others all custom about 20,000.00 worth.can you imagaine in America that this can be done in Novato Calif.
 
There does seem to be something missing here. What did he do in his disoriented state which might have provoked the neighbors to call the police ? If my friend and neighbor has the flu or something, I don't call the police to just come on by and see how he's doing.
 
it's just possible that the neighbor was concerned, and a good neighbor.
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Yes, but how did she know. He had to have done or said something to give a sign he wasn't well. Maybe he said, "I feel really sick", in which case I think an EMT would have been called, or maybe he was screaming at the top of his lungs or threatening violence, in which case the cops would be more logical to call. It had to be something more than he wasn't feeling good.

I am just saying the story posted doesn't add up because a HUGELY important section is missing.
 
Unless you can give names, dates and specifics this sort of story is like hundreds of other "my buddy" internet stories. Useless hearsay.
 
disoriented

he was wandering around the parking lot and was making no sense. He thought his boss was in the house. police did not find the boss there and they asked Dave ( his name) if he was going to hurt himself and other questions. Now Dave can be a bit of a wise ass mind you but thats not against the law. I know his local police have seen him at the range many times practicing for IPSC,or IDPA. My bud usally places in the top third at our local meets. The police seem to be nervous when a civilian shoots over a thousand rounds a week. Average cop on the street doesnt do that in a year.
 
Don't get mad or snippy with the police. It doesn't get you anywhere. Lawyer up, get the guns back, and try to get repayment of legal fees if possible.
 
I'd hate to see what would happen to my safe if the county sheriff saw my reaction to a bottle of Korbel :scrutiny:

I do not really agree with the influx of lawyers in our society but it looks like they are handy to have around for when our rights are taken away. Anymore it's becoming when, not if.
 
If his reaction was a result of the medication he took and not symptoms for which the medication was prescribed, then there should be no reason to keep his guns after the effects have worn off.


Even if doctors determine that your friend is a danger to himself and others, he should still have the ability to sell or give away his firearms.
 
can you imagaine in America that this can be done in Novato Calif.
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Well, which is it? America? Or California?

This state sucks. Dollars to doughnuts says your friend never sees his guns again. He'll probably have a choice of going to court or kissing them off. Even if he gets a court order, he still probably won't see them... the PD just won't honor it, the judge will refuse to take any action against them, and that's that.
 
I'm surprised at some of the replies. Suppose this "Dave" was a smart aleck, suppose his neighbor hated him, suppose he was staggering, suppose he used foul language, suppose he was unfriendly to the cops....what does this have to do with confiscating guns that were inside his house??? What gives them the right to use the Constitution for toilet paper??

Maybe he can spend 30 grand on attorneys and get his guns back...or not get them back and be out 30 grand.
 
AKAIK police can't have you committed to a psych ward. That would have to done by a doctor as that is a medical condition. The doctor can take the observations of the police into account when making his decision.
 
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If I've read right before, most of the Doctors in this
country are anti-gun. What better way to hamstring
a gun owner than have an interview with an MD who
happens to one of the majority. Pass it on to the Police
and bang, there go the guns..All he can do how as
mentioned is go with a Lawyer.
 
This is all hearsay and speculation at this point. If your friend was wandering around in the parking lot, and attracted enough attention that the neighbors called the police, and this all happened as you recounted, again - as best as you can as a third party not actually knowing all the behind the scene details . . . I don't see it as part of a big gun grab conspiracy.

I don't have an issue with it. I think under those circumstances, that was the appropriate thing to do.


If the police had shown up to a mentally unstable man's house and let him go, and he used a gun to commit a crime, we'd read about it all over this board about how they screwed up.


If he's healthy, he'll get 'em back. This is all third party stuff right now. For all you know his girlfriend may have said something to them about him, and he could be too embarrassed, or not even be aware of it to tell you.
 
In CA. under section 5150 an officer can if he has reason to believe that you are or could be a danger to your self or others have you held for psych evaluation. The standard for using this is relatively liberal. He just has to have a realistic belief based on what people tell him or what he observes that you "might" be dangerous to yourself and others. Acting irrational due to medication is one area where this could easily be applied. I have seen many a patient held on a 5150 for just being angry and emotional. And if they ask about guns in the home and you admit to any they will take them, on the theory that you "might use them inappropriately while acting irrationally".

If no charges are preffered and you do not get stuck in the loony bin by some rubber chicken wielding shrink the return of your property should be
forthcoming. If the office that is holding them fails to return them in a timely fashion seek legal advice. They have no legal grounds to keep them if you are not charged with a crime, not found mentally ill and the guns are otherwise legal to own. Failure to return your legally owned property is a civil offense.
You may need to pay a lawyer to sue but you have a near certainty of prevailing if the above conditions are met.
 
Further info on this case

Well tonight I have heard a different version of the story my friend Dave has told me. And it now seems that ole Daveo is indeed 5150 and I dont like to be lied to. I felt so bad about this situation until I got the story from a neighbor. In fact it was 3 a.m. he was rantin,raving,threating, to no one in the area but rather in his mind.I hear this is not the first time also. Because of his known marksmenship,quanity of guns, and reloading equipment the Police did infact do the public a service removing these items. Now he should be able through a FFL get these items sold as to recover his investment. I want the Valtro Jardine made for him a few months ago. But I am pissed he lied to me and I go out (as anyone would) on his behalf and tell his story to this forum. And Davy if you read this dont bother calling me no mo....Fool me once shame on you. twice???I dont think so thanks to caller ID. we dont pick up
 
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