Sweig

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1147 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1148 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1149 OPINION This case illustrates a legislative oversight with regard to statutes intended to prevent persons with mental disorders from harming themselves or others. A person who is gravely disabled or a danger to others because of a mental disorder may be taken into custody and placed in a mental health facility "for 72-hour treatment and evaluation." (Welf. Inst. Code, § 5150 .) If, when detained, such a person "is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon," it "shall be confiscated by any law enforcement agency or peace officer, who shall retain…