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Gender: Male
Hometown: California
Member since: 2003 before July 6th
Number of posts: 26,394

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Journal Archives

Gun-control advocates see 5150 holds as model

Having achieved something close to mythic status in California pop culture, the state's "5150" hold for people in psychiatric crisis is being looked at by national gun-control advocates and some experts as a way to get help for mass shooters before they open fire.

Named for the section where it appears in California's Welfare and Institutions Code, 5150 lets mental health professionals commit those deemed to be a danger to themselves or others to a care facility for as long as 72 hours.

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Under California law, hospital admission in these circumstances triggers a report to the state Department of Justice's Armed Prohibited Persons System. Those who have been detained on a 5150 hold cannot possess or own guns for five years, though the law permits them to petition to regain firearms rights.

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But gun-rights advocates say 5150's gun prohibition has come at a cost to individual rights. There is no provision in 5150 for a due-process type hearing at the front end, they say. While those held for 72 hours can move afterward to have their gun rights restored, the process can be time consuming and costly.

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California is more active than most states, I think, when it comes to removing guns from people who may pose a danger as well as expanding prohibited persons to gun-related misdemeanors. This article seems like a pretty balanced discussion...

Giffords to attend gun show under NY sales model (SF Gate)

ALBANY, N.Y. (AP) Former U.S. Rep. Gabrielle Giffords, who survived an assassination attempt in 2011, is set to tour a New York gun show, the first such visit since she was shot.

Giffords and husband Mark Kelly, a former combat pilot and astronaut, are scheduled to be with New York Attorney General Eric Schneiderman at the Saratoga Springs Arms Fair on Sunday to highlight a voluntary agreement to monitor gun show sales and stricter state gun control law.

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Under the agreements worked out by Schneiderman, all firearms are tagged at the entrances to gun shows. Operators must provide computer stations for sellers to do national background checks. Guns are checked as they are taken away through a limited number of exits to make sure background checks were performed. No buyers can leave a show without documentation of a proper sale.

Operators must also notify local police so they can patrol near shows watching for illegal sales. Schneiderman also has a staff member at each gun show to work with operators to monitor compliance with the new gun control law.

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Now that NY requires background checks on all transfers, this seems reasonably efficient...
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