Rupf

Introduction

Welfare and Institutions Code section 8102 authorizes the confiscation and possible forfeiture of firearms or other deadly weapons from persons taken into custody for evaluation of their mental condition under Welfare and Institutions Code section 5150.

Appellant Alexander Almelia Yan challenges the constitutionality of section 8102 on its face and as applied to him. He argues there is no relation between the legislative intent behind the statute and its application and that it is vague and overbroad. He further argues that the court erred in admitting hearsay evidence and in basing its decision thereupon. Finally, he contends the court’s determination that return of the firearms would be likely to result in endangering himself or other persons is unsupported by substantial evidence.

Facts and Procedural Background

On May 10, 1998, Deputy Sheriff Richard Fuller was called to Doctor’s Hospital in San Pablo following an incident involving appellant at his home. Fuller detained appellant for a mental evaluation pursuant to section 5150 because he concluded that appellant was a danger to himself. Fuller based his conclusions upon the totality of circumstances…