(scanned copy, as true as we can reproduce it)
1 LINDA L. DAUBE (SBN 115782)
A Professional Corporation
2 CITY ATTORNEY t CITY OF PITTSBURG
CAROLR. VICTOR (SBN 161728)
3 Assistant City Attorney City of Pittsburg
LAW OFFICES OF LINDA L. DAUBE LLP K.
4 454 West Napa Suite 200
Sonoma CA 94576
5 Phone: 707-996-9530
Attorneys for Petitioner
8 CITY OF PITTSBURG
10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF CONTRA COST At MARTINEZ
13 CITY OF PITTSBURG CASE NO 2 --O O 6 8
14 Petitioner PETITION SEEKING JUDICIAL
DETERMINATION RE RETURN OF
J5 vs. FIREARM OR DEADLY WEAPON;
AND DECLARATION OF CITY OF
16 James Smith Sr. PITTSBURG POLICE OFFICER JOE
TERRY IN SUPPORT THEREOF
17 (Welfare & Institutions Code §8102)
22 Petitioner alleges:
23 1. Petitioner is the City of Pittsburg Police Department.
24 2. Respondent is James Smith Sr.
25 3. This Petition is brought pursuant to Welfare & Institutions Code
section 8102 to
26 determine if certain firearm(s) and/or other deadly weapon(s) now in
the possession of the Police
27 Department should be returned to Respondent.
28 4. Welfare & Institutions Code section 8102 provides that whenever a
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1 has been detained or apprehended for examination of his or her
mental condition or who is a
2 person described in Section 8100 or 8103, is found to own, have in
his or her possession or under
his or her control, any firearm whatsoever, or any other deadly
weapon, the law enforcement
agency shall confiscate the fIrearm or other deadly weapon:
5 5. On December 18,2001 City of Pittsburg Police Officer Joe Terry
responded to a
6 call that James Smith, Sr. ("Respondent") was threatening suicide.
7 Dispatch had been advised
7 that Respondent was in an argument with his family in Walnut Creek,
He told is family that he
8 was leaving and going to commit suicide with a handgun that he kept
in his truck. Respondent
9 showed family members a loaded magazine to a handgun. Upon arrival
10 residence, police located a .45 caliber Colt Commander and magazines
in the vehicle. Due to
11 Respondent's condition, Officer Terry placed Respondent on a mental
evaluation hold pursuant
12 to Welfare & Institutions Code Section 5150.
13 6. In accordance with Welfare & Institutions Code Section 8102(a),
14 confiscated the following firearms: (1) .45 caliber Colt Commander
handgun Serial no.
15 xxxxxxx; (2) Twenty- Two (22) .45 Live Rounds; and (3) Three (3)
magazines for a .45
16 caliber Colt Commander.
17 7. Welfare & Institutions Code Section 8102( c) provides that upon
18 Respondent after he has been detained or apprehended for examination
of his mental condition,
19 the confiscating law enforcement agency may initiate a petition in
superior court within thirty
20 days of the Respondent's release to detennine if the firearm or
other deadly weapon should be
21 returned to Respondent. Such determination is based upon the
likelihood that return of the
22 firearm or deadly weapon will result in endangering the Respondent
or other persons.
23 8. Respondent was released from Contra Costa Regional Center on
24 2001. (Declaration of Joe Terry.)
25 9. Based upon the facts involved in the incident. the Police
Department believes that
26 the return of the confiscated firearms is likely to present a danger
to Respondent or others.
27 10. Respondent was given notice of this petition and his right to a
28 Welfare & Institutions Code Section 8102( d).
1 WHEREFORE. Petitioner requests that this Court detennine whether the
return of the
2 confiscated firearm to Respondent should be granted in this matter
and to make such orders as is
5 DATED: January 16.2002 LAW OFFICES OF LINDA L. DAUBE. LLP
CAROL R. VICTOR
8 Assistant City Attorney
Attorneys for Petitioner. City of