City of San Diego v. KEVIN B.

Welfare and Institutions Code section 5150 permits peace officers and specified mental health professionals to take a person into custody if the peace officer or mental health professional has probable cause to believe the person is a danger to himself or others. Custody under section 5150 must be in a designated mental health facility and may not exceed 72 hours. The person who is in custody must be assessed by the facility prior to admission and, if admitted, evaluated under the direction of a mental health professional. (§§ 5151, 5152.)

A peace officer who takes a person into custody under section 5150 is required to confiscate any firearms in that person’s possession. (§ 8102, subd. (a).) Following the person’s release from custody, the agency that has seized the firearms may apply to the superior court for an order forfeiting the firearms. Forfeiture may be ordered upon a showing that return of the firearms would endanger the person or others. (§ 8102, subd. (c).)

Here, the record is clear defendant and appellant Kevin B. was subject to detention under section 5150 at the time of a domestic disturbance at his home. While police officers employed by plaintiff and…