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.
Case Summaries