People v. Mary H.

Appellant Mary H. was taken into custody for psychiatric evaluation and treatment for up to 72 hours pursuant to Welfare and Institutions Code section 5150. (See fn. 6, post.) Consequently, after her release, she was banned from owning, possessing, controlling, receiving, or purchasing any firearm for five years. (§ 8103, subd. (f)(1).) Mary petitioned the Superior Court of Kern County to lift the prohibition. Following a hearing, the court denied the request, finding the preponderance of the evidence established Mary would not be likely to use firearms in a safe and lawful manner. (Id., subd. (f)(6).)

On appeal, Mary contends section 8103, subdivision (f)(6), employs an unconstitutional standard of proof and is unconstitutionally vague. She further asserts the evidence did not sufficiently support the superior court’s denial of her petition. We ordered the parties to address the issues of whether the superior court’s order denying Mary’s request for relief from the firearm prohibition is appealable, and whether Mary is entitled to appointed counsel.

We find the superior court’s order appealable, but find Mary is not entitled to appointed counsel. We also conclude…