City of San Diego v. Boggess CA4/1

Appellant Esther Boggess appeals an order for the seizure and destruction of her firearms following a petition filed under Welfare and Institutions Code section 8102 after her release from a facility at which she was detained for psychiatric evaluation under section 5150. The court granted the petition, finding petitioners City of San Diego, Chief of Police William Lansdowne, and the San Diego Police Department (collectively City) demonstrated return of the firearms to Boggess would be likely to result in endangering Boggess or others, and they should not be returned to her, but forfeited and destroyed.

Boggess contends there was insufficient evidence to support the court’s determination that return of the firearms would be likely to pose a risk of harm to herself or others. She also contends section 8102 is unconstitutional in light of two United States Supreme Court cases, District of Columbia v. Heller (2008) 554 U.S. 570 [ 171 L.Ed.2d 637 , 128 S.Ct. 2783 ] (Heller) and McDonald v. Chicago (2010) 561 U.S._[ 177 L.Ed.2d 894 , 130 S.Ct. 3020 ] (McDonald), as the statute infringes on her fundamental Second and Fourteenth Amendment right to bear arms. We reject these…