California Welfare and Institutions Code Section 8102
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California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 8102
8102. (a) Whenever a person, who has been detained or apprehended
for examination of his or her mental condition or who is a person
described in Section 8100 or 8103, is found to own, have in his or
her possession or under his or her control, any firearm whatsoever,
or any other deadly weapon, the firearm or other deadly weapon shall
be confiscated by any law enforcement agency or peace officer, who
shall retain custody of the firearm or other deadly weapon.
"Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100.
(b) Upon confiscation of any firearm or other deadly weapon from a
person who has been detained or apprehended for examination of his
or her mental condition, the peace officer or law enforcement agency
shall notify the person of the procedure for the return of any
firearm or other deadly weapon which has been confiscated.
Where the person is released, the professional person in charge of
the facility, or his or her designee, shall notify the person of the
procedure for the return of any firearm or other deadly weapon which
may have been confiscated.
Health facility personnel shall notify the confiscating law
enforcement agency upon release of the detained person, and shall
make a notation to the effect that the facility provided the required
notice to the person regarding the procedure to obtain return of any
(c) Upon the release of a person as described in subdivision (b),
the confiscating law enforcement agency shall have 30 days to
initiate a petition in the superior court for a hearing to determine
whether the return of a firearm or other deadly weapon would be
likely to result in endangering the person or others, and to send a
notice advising the person of his or her right to a hearing on this
issue. The law enforcement agency may make an ex parte application
stating good cause for an order extending the time to file a
petition. Including any extension of time granted in response to an
ex parte request, a petition must be filed within 60 days of the
release of the person from a health facility.
(d) If the law enforcement agency does not initiate proceedings
within the 30-day period, or the period of time authorized by the
court in an ex parte order issued pursuant to subdivision (c), it
shall make the weapon available for return.
(e) The law enforcement agency shall inform the person that he or
she has 30 days to respond to the court clerk to confirm his or her
desire for a hearing, and that the failure to respond will result in
a default order forfeiting the confiscated firearm or weapon. For the
purpose of this subdivision, the person's last known address shall
be the address provided to the law enforcement officer by the person
at the time of the person's detention or apprehension.
(f) If the person responds and requests a hearing, the court clerk
shall set a hearing, no later than 30 days from receipt of the
request. The court clerk shall notify the person and the district
attorney of the date, time, and place of the hearing.
(g) If the person does not respond within 30 days of the notice,
the law enforcement agency may file a petition for order of default.
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Last modified: October 1, 2013