California Court of Appeal

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City of San Diego v. Boggess, D061715

The trial court's order for the seizure and destruction of defendant's 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, is affirmed, where: 1) the trial court properly concluded that plaintiffs demonstrated that the return of the firearms to defendant would be likely to result in endangering defendant, or others, and they should not be returned to her, but forfeited and destroyed; and 2) section 8102 does not violate the Second or Fourteenth Amendment right to bear arms.

Appellate Information

  • Decided 06/11/2013
  • Published 06/11/2013

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel

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