onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Welfare and Institutions Code Section 8102

Legal Research Home > 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) (1) 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 issue a receipt describing the deadly weapon or any
firearm and listing any serial number or other identification on the
firearm and shall notify the person of the procedure for the return,
sale, transfer, or destruction of any firearm or other deadly weapon
which has been confiscated. A peace officer or law enforcement agency
that provides the receipt and notification described in Section
33800 of the Penal Code satisfies the receipt and notice
requirements.
   (2) If 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.
    (3) 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
confiscated firearm.
   (4) For purposes of this subdivision, the procedure for the
return, sale, or transfer of confiscated firearms includes the
procedures described in this section and the procedures described in
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4
of Part 6 of the Penal Code.
   (5) In lieu of destroying a firearm that has been confiscated
pursuant to this section that is a nuisance, unclaimed, abandoned, or
otherwise subject to destruction, a law enforcement agency may
retain or transfer the firearm as provided in Section 34005 of the
Penal Code.
   (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 shall 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 upon compliance with all
applicable requirements, including the requirements specified in
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4
of Part 6 of the Penal Code.
   (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 a
confiscated firearm, the period of forfeiture is 180 days pursuant to
Section 33875 of the Penal Code, unless the person contacts the law
enforcement agency to facilitate the sale or transfer of the firearm
to a licensed dealer pursuant to Section 33870 of the Penal Code. 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,
allowing the law enforcement agency to destroy the firearm in 180
days from the date the court enters default unless the person
contacts the law enforcement agency to facilitate the sale or
transfer of the firearm to a licensed dealer pursuant to Section
33870 of the Penal Code.
   (h) If, after a hearing, the court determines that the return of
the firearm or other deadly weapon would likely endanger the person
or others, the law enforcement agency may destroy the firearm within
180 days from the date that the court makes that determination,
unless the person contacts the law enforcement agency to facilitate
the sale or transfer of the firearm to a licensed dealer pursuant to
Section 33870 of the Penal Code.

Section: Previous  8100  8101  8102  8103  8104  8105  8108  Next

Speak with a Lawyer in California

Last modified: March 17, 2014