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Name: People v. One Ruger .22 Caliber Pistol
Case #: B136093
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/24/2000
Subsequent History: Petn. rehg. den. 11/14/00; Petn. rev. den. 1/10/01

The court upheld under Welfare and Institutions Code section 8102 the forfeiture of a firearm from a person who had been detained for examination due to his mental condition and who was subsequently determined to be a danger to others. The court held that the law did not violate due process even though it required the person to file a pleading in the forfeiture action in order to preserve a claim. As the statute, as amended, provided for notice and a hearing, and assigned the burden to the People at that hearing, the statute was constitutional.