eRacer
Member
I’m 46 years old, 19 years married and a father of three. After nearly 20 years of sobriety I found myself near the end of my one and only relapse of 3 years. In July of 2009 I was very intoxicated from extensive alcohol and prescribed pain medication. I asked to be admitted for observation to Sierra Vista Mental Facility in Elk Grove area after a visit to my local emergency room, was never in any sort of mental state to be a threat to myself or anyone else. After consulting with the ER staff nurse and my wife (RN, MSN), I just wanted to be safe and do the right thing under the circumstances of which I questioned openly, the purpose of my life. I was very depressed, with problems with my marriage, my job and due to the escalation of my alcohol consumption certainly not contributing to a happy life. While I did verbally contemplate the reason for my existence I had no plan of action or intent to do harm to myself or anyone else and never stated such (my medical records will back this up) I just pondered “what the point of my life was?” I agreed to stay for observation just to err on the side of caution. It was my decision. Once I was checked in my wife and I realized it was a big mistake and I just wanted to go home. Most of the patiences in the facility had very serious mental conditions which made it very hard to sleep and get any sort of rest. But I was told it was mandatory that I stay 72 hours because I had checked myself in. I was released 72 hours later without having had much sleep, signed some papers, (one of which, I realized later stated that I needed to have firearms removed from my home prior to my return). I went home, months had passed, I went about my life, completely quit drinking and taking the pain medication I was prescribed. Eventually enrolled myself into a Chemical Dependency Recovery Program for alcohol related issues and remained for over six months (daily AA meetings and group sessions). Things improved dramatically in my life, my marriage and most other area’s were now great, After all I started back in Alcoholics Anonymous just like I had early in my first recovery of nearly 20 years and to this day remain an active member of Alcoholics Anonymous I also have a regular service commitment at my AA home group.
So what's this have to do with guns?
18 months or so after checking out of the hospital at 10pm I get a knock on my door and 4 sheriff officers are there to check for firearms violations. Apparently I was flagged in the computer as a registered gun owner. After speaking with the officers I did vaguely recall something about a paper I signed regarding removal of my weapons which consisted of a Ducks Unlimited 22cal bolt action rifle, a Beretta waterfowl 12 gauge hunting shotgun, and a 9mm Ruger handgun I used for personal/home protection and target practice.
After speaking with the officers the night of Oct. 20, 2010 I told them the 22Cal riffle and shotgun were locked and in my closet (I didn’t realize they were supposed to have been removed). They asked about the handgun which I thought my wife had initially removed but the look on her face told me otherwise so I checked where it was usually kept and found it too to be in my home. I retrieved them and the sheriff’s officers confiscated pending filing the application for a hearing request for relief from firearms prohibition which they told me I could file to be eligible to get my firearms returned. The officers were very nice, I completely cooperated with them and they left.
I filed the paperwork the very next day. I then went to court and the honorable Judge De Alba granted my request and as my court document of 1/28/11 states: the individual in question shall not be subject to Welfare & Institution code section 8103 (f), five-year prohibition of the ownership, control, receipt, possession or purchase of firearms. I contacted Cathy from the firearms holding facility in Sacramento and submitted the appropriate application and waited for them to release my property. I spoke with the DOJ holding facility a few times regarding my paperwork and the procedure of a processing fee which she told me to hold off on paying until my paperwork was cleared. Weeks go by without any new information on how to get my guns back.
On Thursday, March 4th, 2011 the Folsom Police arrive at my home while I’m at work to issue a Warrant for 3 weapons felonies and one ammunitions misdemeanor. In short, at the request of my Father-in-Law (a semi-retired Sargent with the San Mateo County Sheriff’s Department) who happened to be visiting from Indiana, the police agreed not to arrest me if I turned myself in on the following Monday.
8am Monday I went to the District Attorneys office turn myself in as agreed and see if I could get this matter cleared up after all I had already been cleared according to Judge De Alba. The two officers I spoke with said, “they were not sure why any of this was being handled this way, to my dismay they instructed me that in order to clear it up they were going to have to process me to get my case in the system. I was booked and spent the rest of that day and part of the next morning in the County Jail.
May 3, 2011, After approximately 6 court appearances, I plead to a misdemeanor in light of facing multiple felony charges and am currently prohibited from owning, possessing weapons or associating with anyone that owns weapons for 10 more years. 3 years of informal probation, 90 work project days, $165 restitution, fines and civil costs, 2 days in jail, $800 out of pocket of a $10,000 bail and $2,000.00 in attorney’s fees, loss of my firearms property worth more than $1,500.00. Later that day The Tribal Gaming Agency pulled my gaming license which disqualifies me from working at the Casino (as a Graphic Designer) because I have a weapons charge. So I now have no job. To top it all off I’m required to go to 12 Alcoholics Anonymous meetings.
Just the fact that I am required to attend 12 AA meetings makes me think that my circumstances throughout this entire case were not throughly reviewed. I’ve been attending AA almost half of my life! I submitted documents to the court pertaining to this.
Does any of this legal action make any sense from a common sense standpoint? I understand from a legal issue it may appear that the Welfare & Institution Code Section 8103 (F) was violated for a time but the punishment doesn’t seem to fit the circumstances.
• The 18 months I had my firearms in my possession I never touched them or threatened to hurt anyone including myself. (substantiating Judge De Albas decision, Case No. 10CS00069). A decision that granted my relief from firearms prohibition deemed by a formal court order on January 28, 2011.
I don’t feel I deserve to lose my 2nd Amendment right. I have a proven record of safety as well as a court order backing up my position.
Prior to this incident I have no criminal record. I don’t even have a speeding ticket. I am certainly not a danger to myself or anyone else.
I’ve paid substantially for any indiscretion I may had caused by making certain firearms had been removed from my home.
The whole incident occurred toward the end of my one and only relapse. I stayed sober for 19 years and 23 days before forgetting why I came to AA in the first place. I supposed I just needed to do a little more research. I relapsed for roughly 3 years (things got worse for me not to mention my family than just before the first time I quit in 1987). I am and hope to remain sober with the help of my sponsor and AA for the rest of my days. I’m happy to say this coming July 9th I’ll have been sober continuously for 1 year.
I’m not asking for reimbursement of expenses or time served. I just want what’s right and to know someone actually reviewed the facts and circumstances involved in my case not just pushed me through the system because they could and as fast as possible because they are just trying to keep up with the work load. I tried more than a few times to speak with someone at the District Attorney’s Office to see why all of this was being handled this way and they wouldn’t speak with me. “Too busy” they said. If they were in my shoes I would hope someone would take a few minutes to explain why they were charging me. I felt like just another statistic to add to the D.A. credits. (taking one more dangerous criminal/weapons off the streets sort of reason). If they truly reviewed my circumstances I can’t see how someone could honestly say I deserve what I’ve gotten in this matter.
I asked Judge Ransom (the judge overseeing the felony charges) to revisit my case and thoroughly review my circumstances considering my statements and Judge De Alba’s decision, Then reconsider the terms of my case including the release my property to me, dismiss the charges/punishments and conditions due and reinstate my 2nd amendment rights (removed for the next 10 years).
His response to my correspondence: He suggested I retain the services of an attorney to address my "grievances". "This court is not allowed to give legal advice."
I really don't know who to turn to. My attorney seemed more interested in getting her payment than helping my case and getting to the real issue. I requested to speak directly with the DA and or the Judge and never got a chance. I need an attorney in the Sacramento Area that is willing to help me get my 2nd amendment rights back not just to fill their back pocket. I don't have much money but am willing to work with them. Any advice, help is appreciated.
Sincerely,
eRacer (Gunless in NorCal)
So what's this have to do with guns?
18 months or so after checking out of the hospital at 10pm I get a knock on my door and 4 sheriff officers are there to check for firearms violations. Apparently I was flagged in the computer as a registered gun owner. After speaking with the officers I did vaguely recall something about a paper I signed regarding removal of my weapons which consisted of a Ducks Unlimited 22cal bolt action rifle, a Beretta waterfowl 12 gauge hunting shotgun, and a 9mm Ruger handgun I used for personal/home protection and target practice.
After speaking with the officers the night of Oct. 20, 2010 I told them the 22Cal riffle and shotgun were locked and in my closet (I didn’t realize they were supposed to have been removed). They asked about the handgun which I thought my wife had initially removed but the look on her face told me otherwise so I checked where it was usually kept and found it too to be in my home. I retrieved them and the sheriff’s officers confiscated pending filing the application for a hearing request for relief from firearms prohibition which they told me I could file to be eligible to get my firearms returned. The officers were very nice, I completely cooperated with them and they left.
I filed the paperwork the very next day. I then went to court and the honorable Judge De Alba granted my request and as my court document of 1/28/11 states: the individual in question shall not be subject to Welfare & Institution code section 8103 (f), five-year prohibition of the ownership, control, receipt, possession or purchase of firearms. I contacted Cathy from the firearms holding facility in Sacramento and submitted the appropriate application and waited for them to release my property. I spoke with the DOJ holding facility a few times regarding my paperwork and the procedure of a processing fee which she told me to hold off on paying until my paperwork was cleared. Weeks go by without any new information on how to get my guns back.
On Thursday, March 4th, 2011 the Folsom Police arrive at my home while I’m at work to issue a Warrant for 3 weapons felonies and one ammunitions misdemeanor. In short, at the request of my Father-in-Law (a semi-retired Sargent with the San Mateo County Sheriff’s Department) who happened to be visiting from Indiana, the police agreed not to arrest me if I turned myself in on the following Monday.
8am Monday I went to the District Attorneys office turn myself in as agreed and see if I could get this matter cleared up after all I had already been cleared according to Judge De Alba. The two officers I spoke with said, “they were not sure why any of this was being handled this way, to my dismay they instructed me that in order to clear it up they were going to have to process me to get my case in the system. I was booked and spent the rest of that day and part of the next morning in the County Jail.
May 3, 2011, After approximately 6 court appearances, I plead to a misdemeanor in light of facing multiple felony charges and am currently prohibited from owning, possessing weapons or associating with anyone that owns weapons for 10 more years. 3 years of informal probation, 90 work project days, $165 restitution, fines and civil costs, 2 days in jail, $800 out of pocket of a $10,000 bail and $2,000.00 in attorney’s fees, loss of my firearms property worth more than $1,500.00. Later that day The Tribal Gaming Agency pulled my gaming license which disqualifies me from working at the Casino (as a Graphic Designer) because I have a weapons charge. So I now have no job. To top it all off I’m required to go to 12 Alcoholics Anonymous meetings.
Just the fact that I am required to attend 12 AA meetings makes me think that my circumstances throughout this entire case were not throughly reviewed. I’ve been attending AA almost half of my life! I submitted documents to the court pertaining to this.
Does any of this legal action make any sense from a common sense standpoint? I understand from a legal issue it may appear that the Welfare & Institution Code Section 8103 (F) was violated for a time but the punishment doesn’t seem to fit the circumstances.
• The 18 months I had my firearms in my possession I never touched them or threatened to hurt anyone including myself. (substantiating Judge De Albas decision, Case No. 10CS00069). A decision that granted my relief from firearms prohibition deemed by a formal court order on January 28, 2011.
I don’t feel I deserve to lose my 2nd Amendment right. I have a proven record of safety as well as a court order backing up my position.
Prior to this incident I have no criminal record. I don’t even have a speeding ticket. I am certainly not a danger to myself or anyone else.
I’ve paid substantially for any indiscretion I may had caused by making certain firearms had been removed from my home.
The whole incident occurred toward the end of my one and only relapse. I stayed sober for 19 years and 23 days before forgetting why I came to AA in the first place. I supposed I just needed to do a little more research. I relapsed for roughly 3 years (things got worse for me not to mention my family than just before the first time I quit in 1987). I am and hope to remain sober with the help of my sponsor and AA for the rest of my days. I’m happy to say this coming July 9th I’ll have been sober continuously for 1 year.
I’m not asking for reimbursement of expenses or time served. I just want what’s right and to know someone actually reviewed the facts and circumstances involved in my case not just pushed me through the system because they could and as fast as possible because they are just trying to keep up with the work load. I tried more than a few times to speak with someone at the District Attorney’s Office to see why all of this was being handled this way and they wouldn’t speak with me. “Too busy” they said. If they were in my shoes I would hope someone would take a few minutes to explain why they were charging me. I felt like just another statistic to add to the D.A. credits. (taking one more dangerous criminal/weapons off the streets sort of reason). If they truly reviewed my circumstances I can’t see how someone could honestly say I deserve what I’ve gotten in this matter.
I asked Judge Ransom (the judge overseeing the felony charges) to revisit my case and thoroughly review my circumstances considering my statements and Judge De Alba’s decision, Then reconsider the terms of my case including the release my property to me, dismiss the charges/punishments and conditions due and reinstate my 2nd amendment rights (removed for the next 10 years).
His response to my correspondence: He suggested I retain the services of an attorney to address my "grievances". "This court is not allowed to give legal advice."
I really don't know who to turn to. My attorney seemed more interested in getting her payment than helping my case and getting to the real issue. I requested to speak directly with the DA and or the Judge and never got a chance. I need an attorney in the Sacramento Area that is willing to help me get my 2nd amendment rights back not just to fill their back pocket. I don't have much money but am willing to work with them. Any advice, help is appreciated.
Sincerely,
eRacer (Gunless in NorCal)
