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View Full Version : OLL (CA-legal build) taken for "safekeeping" by police.. LEGR required??


DOHCtah
09-03-2009, 4:12 PM
Hi guys,

The other day, my CA-compliant OLL was taken by the police for safekeeping.
I was verbally told and assured by the officer that I could pick it up in 2-3 days. The receipt is clearly marked safekeeping.

My question is do I need to apply for a Law Enforcement Gun Release (LEGR) even if it is for safekeeping (not "evidence" or anything else more serious)? If so.. the 2-3 days has just blossomed to over a month because I have heard it takes a bit for the DOJ to get back at you with the approval letter. It doesn't seem like the people I talked to in the property room are very knowledgeable in this matter, for some odd reason.

Thanks!

Merc1138
09-03-2009, 4:20 PM
"safekeeping"? Why did they take it?

Stanze
09-03-2009, 4:24 PM
My OLL was taken by SDPD for "safekeeping". I never saw it again-It's likely destroyed or part of someone's rifle now. Resident Firearms "expert" (a civvie) made a wrong call on it's legality. Not worth it to fight it. I hope this doesn't happen to you.

If anyone wants details on my case, do a search for "stanze, sdpd".

My other guns that were taken; I was able to take possession again after the case was settled and LEGR completed. Sucks in general, sorry to hear of your troubles.

POLICESTATE
09-03-2009, 4:24 PM
Which department was this?

DOHCtah
09-03-2009, 4:29 PM
I'd rather not get into specific details because that's generally the advice that I've seen given on this board. Don't get me wrong.. I have absolutely nothing to hide.. I did absolutely nothing illegal and will not be charge.. just a precaution.

In short, it involved having the police called to my house by someone else.. it was a over-reaction and a misunderstanding on their part.. although some may argue differently. Cops stated they wanted to take it as a precaution and I could grab it back in a few days. I was hesitant and tried to say a few things.. but I didn't want to argue with them at the time (even thought I possibly could've/should've) because frankly I was confused and shocked and just wanted to not escalate the situation.

Stanze
09-03-2009, 4:33 PM
I'd rather not get into specific details because that's generally the advice that I've seen given on this board. Don't get me wrong.. I have absolutely nothing to hide.. I did absolutely nothing illegal and will not be charge.. just a precaution.

In short, it involved having the police called to my house by someone else.. it was a over-reaction and a misunderstanding on their part.. although some may argue differently. Cops stated they wanted to take it as a precaution and I could grab it back in a few days. I was hesitant and tried to say a few things.. but I didn't want to argue with them at the time (even thought I possibly could've/should've) because frankly I was confused and shocked and just wanted to not escalate the situation.

I would of invoked my 5th and 4th amendment constitutional rights. In my case, I evidently relinquished my rights when I signed my son out of juvvie (for tagging) so I had to give up my lawful possessions.

artherd
09-03-2009, 4:34 PM
Yes, you will need an LEGR. And to fight the PD. Be calm, firm, and insistent. If they pull any funny business, PM me and we will Release The Hounds (lawyers :)

Next time - do not 'agree' to anything when it comes to the Police. (who frankly very likely do not know the law around LEGR in the first place. Which also reminds me, don't take legal advice from cops either!)

Stormfeather
09-03-2009, 4:37 PM
If they pull any funny business, PM me and we will Release The Hounds (lawyers :)


Cry 'Havoc,' and let slip the dogs of war!

Crazed_SS
09-03-2009, 4:37 PM
My OLL was taken by SDPD for "safekeeping". I never saw it again-It's likely destroyed or part of someone's rifle now. Resident Firearms "expert" (a civvie) made a wrong call on it's legality. Not worth it to fight it. I hope this doesn't happen to you.

If anyone wants details on my case, do a search for "stanze, sdpd".

My other guns that were taken; I was able to take possession again after the case was settled and LEGR completed. Sucks in general, sorry to hear of your troubles.

Interesting..

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art03Division00.pdf

San Diego does have some wierd ordance about AWs here.. apparently the city has its own definitions of what an assault weapon is (includes M1As) and cops can take it if they feel they need to..

A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police
officer, as defined in subdivision (a) of Section 830.1, a member of the
University of California Police Department, as defined in subdivision (d) of
Section 830.2, and a member of a California State University Police
Department, as defined in subdivision (e) of Section 830.2, during the
performance of his or her duties within the City of San Diego may take
temporary custody of any assault weapon in plain sight or discovered pursuant
to a consensual search as necessary for the protection of the peace officer or
other persons of the City of San Diego.

Upon taking custody of an assault weapon, the officer shall give the owner or
person who possessed the assault weapon a receipt. The receipt shall describe
the assault weapon and list any identification or serial number on the assault
weapon. The receipt shall indicate where the firearm can be recovered and the
date after which the owner or possessor can recover the assault weapon. No
assault weapon shall be held less than forty–eight (48) hours. If an assault
weapon is not retained for use as evidence related to criminal charges or is not
retained because it was illegally possessed, the assault weapon shall be made
available to the owner or person who was in lawful possession forty–eight
(48) hours after the seizure or as soon thereafter as possible, but no later than
seventy–two (72) hours after the seizure.

Any assault weapon taken into custody and held by a police, university police,
or sheriff’s department or by a marshal’s office, for longer than twelve (12)
months and not recovered by the owner or person who has lawful possession
at the time it was taken into custody, shall be considered a nuisance and sold
or destroyed as provided in subdivision (c) of Section 12028.

Whiskey_Sauer
09-03-2009, 4:39 PM
If a law enforcement agency has taken custody or control of a firearm, it must be returned through the LEGR process, which does not appear to be discretionary. See Penal Code § 12021.3.

DOHCtah
09-03-2009, 4:43 PM
Thanks to everyone who replied to this thread and for your support!

I will try to keep everyone updated. I know I probably did not handle the situation in the best way because I allowed them to take it, but I honestly just did not want to escalate the situation.

Stanze
09-03-2009, 4:53 PM
Thanks to everyone who replied to this thread and for your support!

I will try to keep everyone updated. I know I probably did not handle the situation in the best way because I allowed them to take it, but I honestly just did not want to escalate the situation.

By law my firearm taken for "safekeeping" should of been returned to me, or I should of been falsely charged for AW possession. Over one year and countless firm, polite phone calls, letters, unpaid time off from work later, neither has happened. I guess that's why they call it "law enforcement" and not "law following".:rolleyes: You bet your arse I'm still pissed about it. Anyone on this board would be.

ke6guj
09-03-2009, 4:53 PM
If a law enforcement agency has taken custody or control of a firearm, it must be returned through the LEGR process, which does not appear to be discretionary. See Penal Code § 12021.3.

It may not be discrentionary per 12021.3, but I have seen firearms returned without an LEGR.

anthonyca
09-03-2009, 4:54 PM
Thanks to everyone who replied to this thread and for your support!

I will try to keep everyone updated. I know I probably did not handle the situation in the best way because I allowed them to take it, but I honestly just did not want to escalate the situation.

We can all sit here and say we would do it differently if we were in your situation, I know I say or type the all the time. It is much different when you are up against some cops and some are assertive and "in charge" and one or two are nice and offering you legal advice. It makes it much harder if you are handcuffed(for your own safety:rolleyes:) and they tell you just let me take your property and you can come get it in a few days and we will leave.

Another important thing. I know nothing of your situation but just because the cops left and did not arrest you does not mean that its over in most cases. There was a guy on here talking about how he defended himself legally and the cops told him he was in the right. Months later he was asking for help because the DA filed some serious charges. I really hope that's not the case for you.

Good luck and get your legal property back. It would be nice to just walk up to someone and say "I am taking your property for safe keeping, you can get it back in a while".

These unlawful seizures need to stop. How can we punish them?

DOHCtah
09-03-2009, 4:58 PM
It may not be discrentionary per 12021.3, but I have seen firearms returned without an LEGR.

Could you elaborate on this a bit?

torsf
09-03-2009, 4:59 PM
Interesting..

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art03Division00.pdf

San Diego does have some wierd ordance about AWs here.. apparently the city has its own definitions of what an assault weapon is (includes M1As) and cops can take it if they feel they need to..

Wouldn't this run afoul of state preemption?

SJgunguy24
09-03-2009, 5:01 PM
It may not be discrentionary per 12021.3, but I have seen firearms returned without an LEGR.

Roger that! I had a gun taken by a sheriff deputy on a 72 hour hold. It took me 2 weeks to get it back but I did without any B.S. involved.

Never let the police search, you may feel like you have nothing to hide
but that doesn't matter. You are guilty of something and their gonna find out
what it is.

Good luck on getting your rifle back, but you may have seen it for the last time.
The L.E.A. around the Bay Area don't like anybody but them to own firearms.
The only way I got my gun back with out a LEGR was
...............................i'll plead the 5th:cool2:

ke6guj
09-03-2009, 5:03 PM
Could you elaborate on this a bit?not much to say other than the guy got the firearms back from the LEA less than a week after they were taken. I know that he did not do a LEGR.

Why he didn't need to, I dunno.

SJgunguy24
09-03-2009, 5:04 PM
Could you elaborate on this a bit?

The LEGR is Law Enforcment Gun Release. The gun goes through another DROS process before you get it back.

Maltese Falcon
09-03-2009, 5:07 PM
Another very good reason to keep your OLL arms locked in a safe at all times... especially when LEO encounters are involved. Unless they have a warrant specifying the nature of the weapon, they cannot compel you to open a locked safe AFAIK.

I hope this turns out well for you.

aplinker
09-03-2009, 8:08 PM
Another very good reason to keep your OLL arms locked in a safe at all times... especially when LEO encounters are involved. Unless they have a warrant specifying the nature of the weapon, they cannot compel you to open a locked safe AFAIK.

I hope this turns out well for you.

I don't think the fact this is an OLL has significance in your statement.

ALL guns should be kept locked and away.

Maltese Falcon
09-04-2009, 9:07 AM
I don't think the fact this is an OLL has significance in your statement.

ALL guns should be kept locked and away.

I fully agree, up to the point that a HD firearm should be easily accessible when you are home, i.e., outside the safe. I would never use an OLL rifle as a HD firearm, hence my statement. When not at home then yes, of course, all firearms are locked up.