
MENTAL PATIENTS AND WEAPONS;
Plus “Return of Confiscated Firearms”
and “California’s Red Flag Statutes”
ROBERT C. PHILLIPS
Deputy District Attorney (Ret.)
May, 2021
Introduction:
In 1968, the California Legislature passed the “Lanterman-Petris-Short Act,” Welfare and Institutions Code, sections 5150 et seq., for the purpose of reforming commitment laws pertaining to mental health treatment. The goal was to balance the rights of the community with the rights of the individual mental patient to freedom and due process of law.
Access to “firearms” and “other deadly weapons” by persons with mental disorders (i.e., those who are a danger to themselves or others, or who ....