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bobbarker
08-14-2008, 9:16 PM
Most of you know I was arrested for OC, and my arraignment is tomorrow. I'm wondering, once this thing is cleared up, how do I go about getting my gun back? I'm sure I have to file some form, and probably pay a "processing fee" to get my own gun back(Which is crap.) But if anyone knows what I need to do for sure, I'd appreciate it. Also, do I have to wait before everything is settled, IE Dropped, Won, or Lost before I get it back? Or can I get it back now? Thanks a ton guys.

Liberty1
08-14-2008, 10:10 PM
Most of you know I was arrested for OC, and my arraignment is tomorrow. I'm wondering, once this thing is cleared up, how do I go about getting my gun back? I'm sure I have to file some form, and probably pay a "processing fee" to get my own gun back(Which is crap.) But if anyone knows what I need to do for sure, I'd appreciate it. Also, do I have to wait before everything is settled, IE Dropped, Won, or Lost before I get it back? Or can I get it back now? Thanks a ton guys.

GO TO BED! ASK TMLLP IN THE MORNING! DON'T BE LATE AS THAT IS ANOTHER MISDEMEANOR! :p

bwiese
08-14-2008, 11:24 PM
If everything resolves your way you'd (after everything's done) file an LEGR (Law Enforcement Gun Release, see DOJ BoF website \) form w/DOJ and pay ~$20ish fee. Essentially they're reDROSing/re-bkgrd checking you. Once it's done your gun is eligible to be released back to you (unsure if there's 10 day wait).

It may be good if at the end of the court case you request the judge to order that your lawfully-owned, lawfully-possessed property be returned to you; some LEO agencies are notoriously bad at allowing firearms to be returned to owners even after they've won their case.

tombinghamthegreat
08-14-2008, 11:54 PM
If you can, can you post the results of the arraignment?

nicki
08-15-2008, 3:00 AM
I am going to make the assumption that the judge reads the law and agrees with you that you broke no law and there is nothing to charge you with.

If that does not happen, shut up, enter not guilty and delay things as long as you can.

Now if the Judge throws out the case, right then is the time to talk.

Things I would ask for, please bear in mind you can ask for the world.
Also consider I have a sick sense of humor.

Thank the Judge for following the law and protecting your rights against police officers acting under color of law. Tell the Judge that he has restored your faith in the legal system and that you proudly serve to protect the Constitution to which the Judge also honors.

1. Tell the judge your property rights have been violated and you want your property back ASAP, agree to the DROS if you have to, but you should say that you shouldn't be burdened with costs.

2. Ask for sanctions since they violated your rights and cost you your time and the use of your property, and the arrest caused alot of emotional duress between yourself and your significant other.

Make a comment that you would like 10 million, but realisitically, you just want a number that will get their attention, say 100K. He will drop it further, but smile and say, I figure I could ask.

3. Ask the Judge to impose mandatory remedial inservice to police officers so that they can know the law and not make stupid arrests in the future.

4. Ask the Judge for a restraining order against cops so they have to stay away from you.

5. Tell the court that the reason you carry open is because you don't have a concealed weapons permit. Tell the Judge you are more than willing to go thru the back ground check, the training, and pay the 200 dollar fees if the oceanside police department will treat your application fairly and equally in regards to others who have been issued ccw permits.

Tell the Judge that if you get a permit, you ask the court to protect your permit from add on restrictions that are above what the state law based on AB2022 whcih reformed ccw practices in 1998.

Since art 1 sec7 of the ca state constitution says that everyone is to be treated equally under the law, your just want your permit application processsed just like everyone else who has been issued a permit.

Good luck
Nicki

Moonclip
08-15-2008, 3:54 AM
If everything resolves your way you'd (after everything's done) file an LEGR (Law Enforcement Gun Release, see DOJ BoF website \) form w/DOJ and pay ~$20ish fee. Essentially they're reDROSing/re-bkgrd checking you. Once it's done your gun is eligible to be released back to you (unsure if there's 10 day wait).

.

When did this $20ish fee start approximately? I got a gun back in 2001 or 2002 and did not pay anything to get it but IIRC I was told that DOJ was asked if it was ok for me to get the gun back 1st.

bobbarker
08-15-2008, 11:45 AM
There is a 20 dollar fee. I didn't even see the judge, there was no charges on file, so, no slot for me. Simply went to the DA's office, and got a piece of paper saying I DID appear at the appointed place and time. Not sure how long they have to decide to press charges or not, but I don't expect they will, and I hope they won't.

hoffmang
08-15-2008, 12:02 PM
Go ahead and file the LEGR as it can take 30 days to get it back. http://ag.ca.gov/firearms/forms/pdf/legr.pdf

That way you'll have a valid LEGR probably about when this is all cleared up.

-Gene

scootergmc
08-15-2008, 12:05 PM
LEGR is only good for 30 days, then you have to file for another. I wouldn't apply until the property release goes from the DA to the LE agency.

see here:

http://ag.ca.gov/firearms/forms/pdf/legr.pdf

bobbarker
08-15-2008, 12:22 PM
Okay,got the Legr, trying to get in contact with the detective assigned to my case so she can release the gun, then I can file the Legr, and wait it out.

fairfaxjim
08-16-2008, 11:01 AM
Okay,got the Legr, trying to get in contact with the detective assigned to my case so she can release the gun, then I can file the Legr, and wait it out.

I personally would have my attorney contact the LE department to request return of the gun, in writing. Anyone can say anything, but when you show up with the LEGR and someone changes their mind and says "we don't have permission from the DA to release it", you have nothing and will leave empty handed (and $20 lighter for your efforts.) The bottom line is, they didn't (and still don't) trust you, there is no reason for you to have any trust in them! Get EVERYTHING from EVERYONE in writing. There is no honor in this process.

motorhead
08-16-2008, 11:05 AM
you might be better off forcing the issue on this. not filing is not a dismissal and they can file up to 1 year later. if opd or da doesn't cooperate that means they keep your gun until case is dismissed with prejudice or statute expires. of course they could just give it back.

gn3hz3ku1*
08-16-2008, 2:07 PM
I personally would have my attorney contact the LE department to request return of the gun, in writing. Anyone can say anything, but when you show up with the LEGR and someone changes their mind and says "we don't have permission from the DA to release it", you have nothing and will leave empty handed (and $20 lighter for your efforts.) The bottom line is, they didn't (and still don't) trust you, there is no reason for you to have any trust in them! Get EVERYTHING from EVERYONE in writing. There is no honor in this process.

then he might end up paying more than the cost of the gun ( depending on the gun ofcourse) in legal fees :) and i just got a gsg5 i need to poser out and i have to leave conus for a few weeks so i cant really send anymore money this month..

RossRinSD
08-16-2008, 4:30 PM
Best of luck on everything, keep us updated. My dad has jury duty coming up, and was hoping to be on your jury.

camillus522
08-16-2008, 8:04 PM
When did this $20ish fee start approximately? I got a gun back in 2001 or 2002 and did not pay anything to get it but IIRC I was told that DOJ was asked if it was ok for me to get the gun back 1st.

I also recently (Oct 2007) had two pistols taken into protective custody by an officer at a community college who was mistaken about CCW and PC626.9. He wanted to arrest me for 2 felonies, one for my licensed carry piece and one for another weapon that was unloaded in a locked box in my locked trunk. since i was a contractor for the college at the time he opted to call his chief for advice. luckily his chief told him not to arrest me but to take both weapons into "protective custody" mind you they also took my pocket holster and my small lockable box, not just the weapons and ammo. The next day I called that chief and asked when i may retrieve my property, he stated he had to complete a DOJ form and that DOJ had up to 30 days to respond. Needless to say the local DA confirmed my CCW rights and no charges were filed. I waited and as the 30th day from my phone call was a Friday, I called on the following Monday, the chief was unavailable and his assistant promised a call within a few hours. I had not rec'd a call by 4:50PM so i called again and spoke to officer on duty, the assistant got on the line and stated I could come the next day. I arrived on my lunch hour and my weapons and ammo were handed to me (in evidence bags) and my other property also given to me. No fee for anything.

Bad Horse
08-16-2008, 8:16 PM
There is a 20 dollar fee. I didn't even see the judge, there was no charges on file, so, no slot for me. Simply went to the DA's office, and got a piece of paper saying I DID appear at the appointed place and time. Not sure how long they have to decide to press charges or not, but I don't expect they will, and I hope they won't.

You should look into what it takes to get the arrest removed from your record. IIRC you have a year to do it.

Moonclip
08-18-2008, 1:24 PM
I also recently (Oct 2007) had two pistols taken into protective custody by an officer at a community college who was mistaken about CCW and PC626.9. He wanted to arrest me for 2 felonies, one for my licensed carry piece and one for another weapon that was unloaded in a locked box in my locked trunk. since i was a contractor for the college at the time he opted to call his chief for advice. luckily his chief told him not to arrest me but to take both weapons into "protective custody" mind you they also took my pocket holster and my small lockable box, not just the weapons and ammo. The next day I called that chief and asked when i may retrieve my property, he stated he had to complete a DOJ form and that DOJ had up to 30 days to respond. Needless to say the local DA confirmed my CCW rights and no charges were filed. I waited and as the 30th day from my phone call was a Friday, I called on the following Monday, the chief was unavailable and his assistant promised a call within a few hours. I had not rec'd a call by 4:50PM so i called again and spoke to officer on duty, the assistant got on the line and stated I could come the next day. I arrived on my lunch hour and my weapons and ammo were handed to me (in evidence bags) and my other property also given to me. No fee for anything.


I was told I had to make a separate trip if I wanted the ammo and speedloader back. The extra trip and hassle was not worth it to me so I "donated" the ammo and such for supposed eventual destruction.

My gun was returned to me zip tied to holes in an evidence box. I've seen other guns returned that way in the past also.

6172crew
09-22-2008, 3:42 PM
I also recently had my gun taken from me by my local PD. I was not arrested, only "detained" for a short period of time, at my residence. They did offer me a choice though: either they take me to the hospital, in which case it is a mandatory 72 hour hold (I'm not sure if it would have then been classified as a 5150), or I admit myself , talk to the doctor, and he releases me. I did file the LEGR form already. My question is: what are the chances of me getting the gun back with these circumstances?Haywood, did they ever 5150 you? If you aren't 5150 and there are no restraining orders against you then they will give you your property back..as long as it wasnt a unregistered AW or Machine Gun.

Ironchef
09-22-2008, 3:46 PM
Yikes! They took your gun away without you being proven as "mentally defective"? Seems about as "legal" as bobbarker's gun confiscation having to be dros'd back to him - ie., they took legal possession of the gun belonging to someone else.

So it sounds like the PD came to your house and you were acting nuts? I know cops are able to 5150 someone ( send them to "J-ward" for the 72 hour alien probing job and drug fest), but can they judge you to be an unsafe gun owner? I thought only a judge can say you're mentally defective thus voiding your gun rights?

E Pluribus Unum
09-22-2008, 4:42 PM
I was wrongfully arrested for carrying concealed. They took my gun and my ammo. When I filed the paperwork and waited 60 days, I got my gun back but no ammo. Apparently in Kern county they never give ammunition back.

I lost about 20 rounds of expensive hollow point ammo.

nick
09-22-2008, 5:11 PM
Most of you know I was arrested for OC, and my arraignment is tomorrow. I'm wondering, once this thing is cleared up, how do I go about getting my gun back? I'm sure I have to file some form, and probably pay a "processing fee" to get my own gun back(Which is crap.) But if anyone knows what I need to do for sure, I'd appreciate it. Also, do I have to wait before everything is settled, IE Dropped, Won, or Lost before I get it back? Or can I get it back now? Thanks a ton guys.


One thing you might want to make sure of, depending on the policies of the PD that has your gun, is that, if the whole mess takes a long time, they don't destroy your gun after, say, 6 months. A friend of mine had a restraining order against him (took him about 9 months to fight it off, for it was just his ex-girlfriend extracting her revenge). During that time his guns were with LAPD, and when he fought off that restraining order and asked for his guns back, he was told that LAPD has the policy of destroying "abandoned" guns after 180 days. They probably expected him to inquire about his guns every month or so. WHich to me is theft, but then, that's the way government work these days. I'm sure there's a nicer name for it, too, since calling it theft would hurt some government official's feelings.

Good luck to you, and thank you for doing this.

nick
09-22-2008, 5:14 PM
I was wrongfully arrested for carrying concealed. They took my gun and my ammo. When I filed the paperwork and waited 60 days, I got my gun back but no ammo. Apparently in Kern county they never give ammunition back.

I lost about 20 rounds of expensive hollow point ammo.


Interesting policy. Isn't that legalized theft? I know, too much of a fight over 20 rounds, which is probably the idea.

hoffmang
09-22-2008, 5:44 PM
Your chances of getting your firearm back are quite good if everything is as presented. However, you may have to be persistent and persuasive to get it back.

-Gene

CA_Libertarian
09-22-2008, 10:40 PM
Interesting policy. Isn't that legalized theft?

That's what governments do... create ways to deprive you of your rights and property. The former is called tyranny, the latter is called theft. All governments do it to some degree, with few exceptions it gets gradually worse over time.

ojisan
09-22-2008, 10:53 PM
It may be good if at the end of the court case you request the judge to order that your lawfully-owned, lawfully-possessed property be returned to you; some LEO agencies are notoriously bad at allowing firearms to be returned to owners even after they've won their case.
+1
Yes, get the Judge to write it down and get a copy. It was the only way I got mine back.

haywood
09-23-2008, 7:58 AM
Your chances of getting your firearm back are quite good if everything is as presented. However, you may have to be persistent and persuasive to get it back.

-Gene

Gene,

thanks for your response. If the DOJ clears me, with whom may I have to be persistent and persuasive with to get it back? The local PD who are holding the gun?

Whiskey_Sauer
09-23-2008, 10:56 AM
As Gene said, following this procedure, you should be able to get the gun back without (too much of) a problem.

If they give you too hard a time, though, you could always file a petition for a writ of mandate requiring the PD to return the gun to you. (I assume it was not seized pursuant to a search warrant, but a search incident to arrest? Sorry, I don't know the facts of your case.)

45DAVID1
09-23-2008, 11:10 AM
Don't file the LEGR as it's only good for 30 days. I suggest only filing for the LEGR once the PD holding the guns gives you the okay to get them back. A court order to get them back only gives you permission to get them back. It however does not give the PD a date or specific time frame in which they have to give them back. In closing, only get the LEGR when you know for sure the PD is going to give them back to you. Most PD's have a person who sets up all the firearm releases. That is the person you want to be asking all the question to.

hoffmang
09-23-2008, 7:49 PM
Gene,

thanks for your response. If the DOJ clears me, with whom may I have to be persistent and persuasive with to get it back? The local PD who are holding the gun?

Some mix of local PD and either the DA or a city attorney depending on which PD. Start at the PD. Visit and ask them about the process. Get names. Once you have names send them a follow up letter confirming what you spoke about. Once you know the firearm is ready to be released to you then you want to submit a LEGR.

-Gene

JDay
11-07-2008, 2:05 AM
...yeah, i was wondering about that myself. The gun was in my car, unloaded, no ammo in the car, garage, or on me, on the back seat, under a jacket, car was in a locked garage, and I was outside the house. The only thing I can think of as to why they took it was that I was transporting it not in accordance with current regulations.

This is all very recent, and I have not yet seen a copy of the police report.

Who gave them permission to search the house? If nobody else was there they had no right to do anything but lock your door, I would contact a lawyer about this and file suit.

JDay
11-07-2008, 5:40 AM
Afriend of mine, who has a key to my place and was there the entire time I was out, let them in.

The day I picked up the gun, the 4th, I requested a copy of the report. The guy working the desk said I may or may not get it, pending some supervisory review as to whether I am actually eligible to recieve it. :confused:

You need to let your friend know never to let police inside without a warrant, thats just asking for trouble.


EDIT: I forgot to add that you are legally entitled to a copy of that report since it is considered evidence. You should have your lawyer ask for it, he will not get stonewalled.

Meplat
11-08-2008, 1:47 AM
The local department needs a release from the DOJ to give you back your firearm. I am in the middle of this mess right now. My pistol was stolen in a burglary and was reported stolen. The DOJ has a $20 fee which is waved if you reported your pistol stolen but you have to prove you reported it to get the fee waved. The local PD does not seem to be able to find the original police report. They have run me in circles to the point where I am just going to pay the $20.:mad:

When did this $20ish fee start approximately? I got a gun back in 2001 or 2002 and did not pay anything to get it but IIRC I was told that DOJ was asked if it was ok for me to get the gun back 1st.

Moonclip
11-09-2008, 4:39 AM
The local department needs a release from the DOJ to give you back your firearm. I am in the middle of this mess right now. My pistol was stolen in a burglary and was reported stolen. The DOJ has a $20 fee which is waved if you reported your pistol stolen but you have to prove you reported it to get the fee waved. The local PD does not seem to be able to find the original police report. They have run me in circles to the point where I am just going to pay the $20.:mad:

The gun I had taken away and retured was not stolen, it was overagressive LE work and a misunderstanding. This was in 2001ish. I do have a stolen gun report somewhere, I'd be happy to have that gun returned for $20:(

Trakker
11-16-2008, 2:03 AM
I have been harassed before before simply for having 3-4 firearms in the car traveling to the range.

I have registered pre-89 rifles and always get stares from other PD at the range.

Where are all the lawyers? Having them search your house / car is just very intimidating and causes a lot of distress...

BTW...Calguns is a good medium to get our voices heard and to pull together resources.

MP301
11-16-2008, 5:48 AM
Bad Horse, if memory serves me correctly, in CA, if your not charged, it cant be considered an arrest. It turns into a detainment. I remember a friend forcing a law enforcement agency to change the info in thier computers to reflect this. They were not that cooperative at first because my friend had no tact, but after some schooling, he won in the end...

Curtis
11-16-2008, 2:05 PM
The LEGR is required to be completed in 4 weeks....unless they have a backlog. I had to do this in 2007 and they were quoting 6 to 8 weeks. I helped someone file the form in the last month and they quoted 8 plus weeks. I found calling and talking to the DOJ will help with the time line. Be very nice and pleasant with them. There is no fee if you are the victim of a crime.

The PD won't release the property until the DA gives the okay. Again, the form is only valid for 30 days so timing is difficult.

The PD will say things that are untrue. Typically they give you 30 or 45 days to pick up you gun before they destroy the item. They are legally required to give you 180 days from the date of the notice. The DOJ will back you up on this one because it puts extra pressure on them when you call in a panic.

I have seen the PD give lots of reason not to return your ammo. Once the DA releases your property, get all of your non-firearm stuff back. Otherwise they will give you the "we don't return ammo" line. They will also tell you they don't do partial return of property. Push them on this big time.

When they returned my firearms they were all pilled up on a cart: no cases, no protection, and lots of damage/scratches. I wanted to cry!

Good luck!

Moonclip
11-20-2008, 2:33 AM
When they returned my firearms they were all pilled up on a cart: no cases, no protection, and lots of damage/scratches. I wanted to cry!

Good luck!

And some probably wonder why some people have reasons to dislike LEO's...