People v. JASON K.

Jason K. appeals after the court denied him relief from an order precluding him from possessing firearms for five years after his release from a facility at which he was detained for psychiatric evaluation under Welfare and Institutions Code section 5150. The court denied the relief based on its finding that the People met their burden to show by a preponderance of the evidence Jason would not be likely to use firearms in a safe and lawful manner. (§ 8103, subd. (f)(6).)

Jason challenges the sufficiency of the evidence to support the court’s factual finding. He also contends section 8103, subdivision (f)’s preponderance of the evidence standard is unconstitutional, and the clear and convincing evidence standard should apply. We reject these contentions and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 22, 2009, Jason’s wife returned home about 9:00 p.m. and found Jason intoxicated and passed out on the floor. Twenty-six-year-old Jason had been caring for their two-year-old son, who was sleeping in his bedroom. Jason was the primary caretaker for the son; his wife was employed by the Navy as an active duty communications specialist and was scheduled to deploy the…