The Right To Keep and Bear Arms and People Who Say They Feel Like Killing Others and Themselves:

From People v. Joel O. (Cal. Ct. App. Mar. 24, 2009):

Joel O. appeals from an order precluding him from possessing firearms based on a finding that he would not be likely to use them in a safe and lawful manner. (Welf. & Inst. Code, § 8103, subd. (f).) He contends the preponderance of the evidence standard used in section 8103, subdivision (f) to permit deprivation of the right to possess firearms is unconstitutional, and that the clear and convincing evidence standard should apply. We reject his argument and affirm.


On November 8, 2007, Joel's family arranged an intervention with Joel in the presence of several people, including his mother, father, and an addiction intervention worker. During the intervention, Joel (age 31) stated that he felt like raping and killing women who reject him and that he often thinks about killing himself or others. Joel owned several weapons. During the intervention, the police were summoned. The police took Joel into custody and confiscated his weapons, including several firearms.