Keil

Appellant’s firearm collection was confiscated when he was detained for mental health treatment and evaluation. (Welf. & Inst. Code, §§5150, 8102.) 1 He appeals from a judgment sustaining a five-year firearm prohibition and ordering his firearms forfeited pursuant to sections 8102 and 8103. He also appeals from an order denying his motion for reconsideration. Appellant contends that respondent did not meet its burden of proving by a preponderance of the evidence that retention of the firearms would endanger appellant or others. We affirm.

Facts

On November 21, 2005, appellant’s wife told him that she was having an affair. Appellant’s brother-in-law had recently been killed in the Iraq war and appellant had just learned that one of his sisters was getting a divorce. On the day he learned of his wife’s infidelity, appellant drank heavily. His wife threatened to kill herself, and appellant told his wife several times that he was going to kill himself. He said he was going to blow his brains out. Appellant owned numerous firearms.

Appellant’s wife called 911. Appellant told a police officer that he was just blowing off steam and did not mean what he had said.…

I concur in the majority decision. But I likely would have reached a different conclusion than the trial judge. Psychologists at the Ventura County Behavioral Clinic concluded Mr. Keil was not a danger to himself and released him. The same conclusion was reached by Keil’s treating psychologist, Dr. Hale. After six months of therapy she concluded that he is “not suicidal” and “he does not have suicidal tendencies.” The guns were locked in a safe and unloaded. Keil made no attempt to open the safe and was cooperative with the police and gave them the combination to the safe.

However differently I may view the evidence, I am compelled to agree substantial evidence supports the trial court’s judgment. In a thoughtful statement on the record the trial court acknowledged many of the points I have raised. It expressed concern about how Keil “may be prone to depression which can be poorly released.” The court noted a lack of certainty regarding Keil’s ability to handle recurrent and stressful family conflicts while suffering from “major depression or an adjustment disorder.” These concerns are based on information in the psychological reports and support the judgment and finding that…

Appellant's firearms collection was confiscated when he was detained for mental health treatment and evaluation. (Welf. & Inst.Code, §§'5150 and 8102.) [1] He appeals from a judgment sustaining a five-year firearm prohibition and ordering his firearms forfeited pursuant to sections 8102 and 8103. He also appeals from an order denying his motion for reconsideration. Appellant contends that respondent did not meet its burden of proving by a preponderance of the evidence that retention of the firearms would endanger appellant or others. We affirm.

On November 21, 2005, appellant's wife told him that she was having an affair. Appellant's brother-in-law had recently been killed in the Iraq war and appellant had just learned that one of his sister's was getting a divorce. On the day he learned of his wife's infidelity, appellant drank heavily. His wife threatened to kill herself, and appellant told his wife several times that he was going to kill himself. He said he was going to blow his brains out. Appellant owned numerous firearms.

Appellant's wife called 911. Appellant told a police officer that he was just blowing off steam and did not mean what he had said. The police…