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csarel
01-24-2010, 9:59 AM
Hi, Last March I was broken into and robbed of some of my guns. 2 weeks after that I got a call saying " Hey found one of your shotguns, come ID it" Which I promptly did. Now still talking to the Detective every 2 months or so, he says no more have been found and the case is still open; thats why I cannot get my shotgun back. Is this true or do I have some other recourse as to getting my shotgun. I'm sure I have may left something important out, please ask away. Thank you for ANY advice!

Respectfully Tom

GrizzlyGuy
01-24-2010, 11:00 AM
It sounds like they may be holding it as evidence to use in prosecuting the thief(?). They can do that, but they do eventually have to return it to you. See 12028.5 PC (http://law.onecle.com/california/penal/12028.5.html):

(d) Any firearm or other deadly weapon that has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.

To get it back when they are done using it as evidence, you'll have to go through DOJ's LEGR process (http://ag.ca.gov/firearms/pubfaqs.php#33). They will waive the fee since it was stolen, but you still need to send in the form and get the certificate back from them (to present to the LEA). The certificates are only good for 30 days, so you should coordinate with the LEA in terms of timing. Note the documentation requirements if you don't want to pay the fee:

If the court or agency in possession of your firearm determines that the firearm was reported stolen, the fee for the stolen firearms(s) will be waived. You must send documentation from the court or agency confirming that the firearm was reported stolen along with the Law Enforcement Gun Release Application to qualify for the fee waiver.

csarel
01-24-2010, 11:15 AM
Excellent, thank you. I am now at the mercy of the PD and courts as to the person(s) to be arrested and put away.

FastFinger
01-24-2010, 11:41 AM
Did they provide any details about how they recovered your shotgun? Was anyone arrested? If not, it sounds could they hold the shotgun as evidence for years and years. Interesting way to get guns off the street. Although at some point the statute of limitations on the original theft would pass, and then one could argue the shotgun has limited future value as evidence.

Ballistic wise it'd be tough to tie into any crimes where it might have been used as a weapon, so if they didn't arrest anyone yet for just the theft , and have no suspects, it doesn't seem like it has any potential value now - at least as evidence.

Interesting dilemma. But no doubt your only interest is in getting your gun back. Hope it works out for you sooner rather than later .

csarel
01-24-2010, 12:06 PM
Details? Ha! I got two different accounts from 2 different officers!
Someone was arrested but Det. will not give me details about it.
I wonder what the statute of limitations is on this crime is?

tyrist
01-24-2010, 12:15 PM
Holding the firearm also helps to ensure you will show up to court.

csarel
01-24-2010, 12:19 PM
Like I wouldn't show up for that!

csarel
01-24-2010, 12:50 PM
It sounds like they may be holding it as evidence to use in prosecuting the thief(?). They can do that, but they do eventually have to return it to you. See 12028.5 PC (http://law.onecle.com/california/penal/12028.5.html):



To get it back when they are done using it as evidence, you'll have to go through DOJ's LEGR process (http://ag.ca.gov/firearms/pubfaqs.php#33). They will waive the fee since it was stolen, but you still need to send in the form and get the certificate back from them (to present to the LEA). The certificates are only good for 30 days, so you should coordinate with the LEA in terms of timing. Note the documentation requirements if you don't want to pay the fee:

OK so according to what I have read: I fill out the form, provide proof it was stolen ( Police Report), Due to it considerd long gun no record of it being owned by me exists in the states eyes, so I will include: 1. copy of the DROS. 2. copy of reciept for the weapon. (which includes Name, s/n, D/L number etc. Turners Reciept)
With that should waive the fee.
Pray it works, if they say still under investigation at least I'll get a call from the detective as to the application!

davbog44
01-24-2010, 1:05 PM
About four years ago I was burglarized, and several handguns were taken. Luckily for me, and unluckily for the punks who broke into my house, they were nabbed literally a half mile from my house.

I got everything back the same day, except for two S&W revolvers that were old enough that they didn't come up in the system as belonging to me. I was informed that I had to petition CA DOJ and sign an affidavit that the guns were in fact mine, and I followed all those instructions to the letter.

However, from that point forward, the local police department ceased being helpful. The detective would not return my calls and I hit a brick wall. It actually took some intervention on the part of my father, who has a few political connections. Once the County Sheriff spoke to my dad and my dad told him what was going on, the local police station couldn't move fast enough to return the two revolvers.

Had I not been lucky enough to know someone who knew someone, I am certain I would have lost those two revolvers forever.

GrizzlyGuy
01-24-2010, 1:10 PM
OK so according to what I have read: I fill out the form, provide proof it was stolen ( Police Report), Due to it considerd long gun no record of it being owned by me exists in the states eyes, so I will include: 1. copy of the DROS. 2. copy of reciept for the weapon. (which includes Name, s/n, D/L number etc. Turners Reciept)
With that should waive the fee.
Pray it works, if they say still under investigation at least I'll get a call from the detective as to the application!

That sounds good, but DOJ probably won't contact the law enforcement agency (unless they wanted to verify the police report or something like that). DOJ will verify that you aren't a prohibited person then send you a certificate back for the gun.

You could maybe use the certificate as "leverage" to try and convince the LEA to release the gun to you. But if they don't release it within 30 days, the certificate expires, and you have to go back through the LEGR process again.

csarel
01-24-2010, 3:42 PM
Yes, hopefully that will work, leverage wise. Not holding my breath, but it beats doing nothing!
Thanks to all for your input! Esp. Grizzly Guy!

Roadrunner
01-24-2010, 3:56 PM
I had a gun stolen out of my car 5 years ago. Last year the police called me to claim it. When I got there to pick it up, they promptly said that I couldn't have it until I sent their paperwork off to Sacramento and got permission to have it from the firearms regulation Nazis. After a month, I received my notice of permission and got it back, with black finger print powder and all.

csarel
01-24-2010, 4:07 PM
Damn, I'm glad you got it back!!

I'm still trying to find the statute of limitation for firearm theft.

SVT-40
01-24-2010, 11:26 PM
Hi, Last March I was broken into and robbed of some of my guns. 2 weeks after that I got a call saying " Hey found one of your shotguns, come ID it" Which I promptly did. Now still talking to the Detective every 2 months or so, he says no more have been found and the case is still open; thats why I cannot get my shotgun back. Is this true or do I have some other recourse as to getting my shotgun. I'm sure I have may left something important out, please ask away. Thank you for ANY advice!

Respectfully Tom

In reality there is no reason for the police to hold it as "evidence" a photograph would suffice. In addition usually firearms are not actually brought to court much due to the hassle of have it in the courts evidence system if it actually entered into evidence. Courts don't like to handle firearms. Better than calling the police go to the station and talk to the detective directly. Be business like and ask for a time frame in which your shotgun will be returned. If he cannot tell you ask to speak to a supervisor. Tell them it is your property after all and you need it back. You may have to go through the LEGR process. But you should be able to at least get the gun back.

geeknow
01-25-2010, 5:54 AM
In reality there is no reason for the police to hold it as "evidence" a photograph would suffice. In addition usually firearms are not actually brought to court much due to the hassle of have it in the courts evidence system if it actually entered into evidence. Courts don't like to handle firearms. Better than calling the police go to the station and talk to the detective directly. Be business like and ask for a time frame in which your shotgun will be returned. If he cannot tell you ask to speak to a supervisor. Tell them it is your property after all and you need it back. You may have to go through the LEGR process. But you should be able to at least get the gun back.

You are correct in stating that "there is no reason" to hold....but the op's gun will be held until after the case is resolved.

That gun is now 'property' of the prosecuting district atty, and is in the 'custody' of LE.

There is a whole paperwork mess and timeline fandango that the op will need to navigate, but that cant even start until the case is resolved. Worse yet, in some counties, the DA is the one who decided whether the gun is returned or destroyed....Based upon my personal experience with the EXACT same scenario, the mitigating circumstance seems to be whether the gun was used in a crime, or simply present and in posession of the bad guy.

Apparently, guns that have been 'used' are scarier that guns that have not...

Stinks through and through, but that IS how it works.


Good luck....you're gonna need it.

Sorry.