Legal Question in Civil Rights Law in California

Consequences of defaulted W&I 8102

Hi There! I'd like to know what might happen to both myself and my best friend (registered owner of gun). I was taken to the hospital against my will & a 5150 was put on me because there was a gun found in my house when I called 911. (had panic attack) I refused to sign the Confiscation of firearms form. I was later served w/ a petition pursuant to W&I 8102 for a judicial determination as to whether the gun should be returned or destroyed. If I don't respond to this Petition, will it effect me or him (registered owner) in any way? eg: we won't be able to purchase firearms ever or he gets a fine/jailtime for failing to put the gun in my name? What exactly are the consequences of letting an 8102/5150 default? The only reason I've not taken care of this issue is because Court Filing Fee's are more expensive than the guns actual value. All medical records indicate that I'm not a danger to myself or others & that I should've never been taken to the hospital. Is it worth clearing my name or should I just, let it go? Thank you!


Asked on 4/19/03, 11:43 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Consequences of defaulted W&I 8102

If a person is committed to an institution, they lose for life the right to own, possess or handle a gun, unless the court specifically makes a ruling to the contrary. Yes, you should do something about the issue, through a knowledgeable attorney. If the owner wants his gun back, someone has to oppose the confiscation and destruction. Contact me if interested in discussing the facts and costs.

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Answered on 4/22/03, 8:25 pm


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