People v. One Ruger. 22-Caliber Pistol

Welfare and Institutions Code section 8102 authorizes the seizure and possible forfeiture of weapons belonging to persons detained for examination because of their mental condition. (§ 5150.) Here we conclude section 8102 is constitutional.

We also conclude that in a section 8102 hearing, testimony of a psychiatrist who examines a person detained pursuant to section 5150, is admissible under Evidence Code section 1016 and not covered by the psychotherapist-patient privilege. (Evid. Code, § 1010 et seq.) We affirm.

Facts

Todd Veden called police to his home because he was concerned about chemicals stored in his garage. Because of his strange behavior, the officers took Veden into custody for a 72-hour evaluation of an apparent mental disorder. (§ 5150.) The police also confiscated 15 firearms from a safe in Veden’s garage. (§ 8102, subd. (c).)

The district attorney filed a petition to determine whether returning the firearms would be likely to endanger Veden or others. (§ 8102, subd. (a).)

Over Veden’s objection, the trial court allowed psychiatrist Mustafa Humeid to testify that during Veden’s section 5150 confinement he suffered major depression with psychotic…