California Court of Appeal

Trial court's denial of defendant's request for relief from an order precluding him from possessing firearms for five years after his release from a facility at which he was detained for psychiatric evaluation under Welfare and Institutions Code section 5150 is affirmed where: 1) the record contains substantial evidence supporting the court's denial of defendant's petition; and 2) section 8103(f)'s preponderance of the evidence standard preserves fundamental fairness and properly allocates the risk of an erroneous judgment pertaining to firearm use between the government and an individual who was hospitalized after a finding that he or she presented a danger to himself or others.

Appellate Information

• Decided 10/07/2010
• Published 10/07/2010

Judges

• HALLER

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles R. Khoury, Jr., Edmund G. Brown, Jr.