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View Full Version : [What if] California Legal AR 15 gets confiscated


rcpilot_971
04-20-2010, 9:43 PM
say you have a legal AR 15 and a LEO thinks its Illegal and takes it can you sue the police Dept for taking the gun or can the LEO get in any trouble for not knowing the laws


Thanks Tim

Window_Seat
04-20-2010, 10:16 PM
If such is the case:
If you get in trouble with the law for your guns - PLEASE contact CGF (http://www.calguns.net/calgunforum/showthread.php?t=245866)

Erik.

Ishooter
04-20-2010, 10:22 PM
If it's legal and the DA knows it's legal, then they shouldn't process the case until they find out they lose the case. But who knows?

demnogis
04-20-2010, 11:00 PM
You may not get your firearm back immediately.

However, the LEO who supposedly took your firearm has qualified immunity.

wolff
04-21-2010, 3:19 AM
You may not get your firearm back immediately.

However, the LEO who supposedly took your firearm has qualified immunity.

Not if knew the gun was legal, but just wanted to ruin the OP's day! Then he may have been a bad boy: operating under the color of authority when he knew otherwise -- not likely, but anything's possible these days!

vantec08
04-21-2010, 4:34 AM
Unless there is malice of intent, the LEO is immune from criminal prosecution, however, the seizure of your property for the purpose of educating an ignorant LEO is civilly prosecuteable ON ITS FACE.

E Pluribus Unum
04-21-2010, 4:36 AM
Unless there is malice of intent, the LEO is immune from criminal prosecution, however, the seizure of your property for the purpose of educating an ignorant LEO is civilly prosecuteable ON ITS FACE.

What this means is if you have the money to pay an attorney $10,000, he will get $5000 of it back for you from the police.

JDay
04-21-2010, 5:02 AM
Not if knew the gun was legal, but just wanted to ruin the OP's day! Then he may have been a bad boy: operating under the color of authority when he knew otherwise -- not likely, but anything's possible these days!

He just has to be able to articulate that he didn't know it was legal. Now if you can prove that the department has had an OLL bulletin circulated its another story.

lawaia
04-21-2010, 5:32 AM
"califorina Legal AR 15 gets confiscated"


Very misleading thread title.

Python2
04-21-2010, 5:48 AM
Very misleading indeed. I wish some poster title a thread right to the point.

jmlivingston
04-21-2010, 6:05 AM
[What if] added to the title.

Oh yeah, corrected the spelling and capitalization of California while I was at it.

Big Jake
04-21-2010, 6:44 AM
Not if knew the gun was legal, but just wanted to ruin the OP's day! Then he may have been a bad boy: operating under the color of authority when he knew otherwise -- not likely, but anything's possible these days!

You would have a difficult time proving this!

Ballistic043
04-21-2010, 7:05 AM
happened to me 3 years ago. the "HB OLL Incident" close to when matt corwin got arrested in his famous weapons case.


got arrested, OLL's and pistols taken, initial charges: Posession of unregistered assault weapon, improper transportation of said assault rifle. both phoney charges considering one rifle had a BB, the other, p50. classic case of law enforcement not knowing what they are doing (or talking about)

DA had our case for 3 years and never prosecuted, due to of course, lack of evidence and motivation. the statute of limitations ran out on april 12th, 2010. so now we are sending off paperwork to DOJ, and hoping we can get some things ironed out so i can get my guns back.


as for suing them, yes thats always a possibility. but its up to you to come up with the money for the attorney fees!

franklinarmory
04-21-2010, 7:22 AM
Based on this "What If" thread, perhaps it would be appropriate to contact your local PD and SO command staff to share with them the Sac PD training memo and the CalGuns flow chart.

Since we are manufacturing fully built California Legal ARs, I didn't want my local cops to have any surprises. I sent them all the information so my customers won't be harassed if they are stopped with it in their possession. Now if one of the subordinate officers happens to confiscate a weapon, they are doing so AFTER they should have known it was NOT illegal. (e.g. their command staff should have disseminated the information or they did and the officer is operating in derogation of the law.)

As a manufacturer, I intend to meet with as many LEOs as possible to spread the word, but it wouldn't hurt for all of us to do the same.

bwiese
04-21-2010, 8:40 AM
If you have an encounter with a LEO while legally using, possessing or transporting a CA-legal (off-list) semiautomatic rifle and are not violating any other laws, we at CGF (The Calguns Foundation) want to hear about it.

We're here to help. If everything is clean, we'll get your gun back and represent you, etc.

Bill_in_SD
04-21-2010, 10:47 AM
Don't forget to get a receipt for everything they seize.

Ballistic043
04-21-2010, 5:31 PM
sometimes it doesnt matter. my incident of course i got my property receipt, which is supposed to detail all of said firearms that were taken. everything i owned that was taken should have been on it.

well guess what? all my pistols were on it, shotgun, etc.

but the two OLL's and a lower receiver that were taken (the whole reason i went to jail because they thought those were illegal) was not on the property receipt at all. bad news for us and them as now i dont know how we are going to get our OLL's back when they didnt even put it on my PR?

and some of the receipts (originals) for the handguns were with the guns when they were taken. so how am i going to get those back. i just dont know how its gonna go. worst case scenario i would lose about 6 to 7k of my guns because of their freaking screw ups and then im SOL. i doubt i would get any help reimbursing for my losses....

Ballistic043
04-22-2010, 8:28 AM
and furthermore, when your weapon is taken as safe keeping (as in my case) you only have a very short window of time to claim that weapon or it is destroyed and turned into a fence. i just found out, that my weapons were all probably destroyed because we didnt go get them quick enough. this tears my heart out because i been waiting 3 years for this case to be over and get my stuff back. well now that looks like a snowballs chance in hell of happening (you have to claim it 60 days after they take custody of said weapon)


so remember this kids: what you doing may be legal. it may be accepted by some, but you should understand that the cost of enjoying your OLL may cost you thousands of dollars innocent or not.

MAC USMC
04-22-2010, 9:49 AM
Never, ever wait for any police agency to "notify" you as to when you may be recover your own property after seizure. Put that agency on notice with a well written letter that you DEMAND the prompt return of your property, EXPECT notification when charges are modified or dropped, and REQUEST the names and phone numbers of all parties involved in the case. Note that an officer and a attorney will usually be processing your matter.

This letter should be sent via REGISTERED MAIL with a RETURN RECEIPT NOTIFICATION. They have to personally sign for such mail and you get the form returned to you as who actually got the letter. No chance for denial or confusion then.

Periodically, sent a letter requesting the STATUS of the matter and asking to be contacted to discuss it in detail. Keep all this material in a file since it could be a while to get resolution. Usually, it is the Office of the City Attorney or District Attorney who drags these matter out, primarily due to the existing work load. Keep up the correspondence and phone calls until your matter become important and they will act on it. A personal visit or two to their office is well worth the time.

It is sound advice to memoralize your phone calls, correspondence and visits just in case the matter turns ugly and your property is lost, destroyed, etc.

Ballistic043
04-22-2010, 11:20 AM
it was against my attorneys wishes to retrieve the weapons until the case was either solved, dismissed or the statute ran out. the statute just ran out, so now we are just trying to find out as much as we can about the situation. the OCSD site says items kept as "Safe keeping" (Mine) only held for 60 days. but i talked to the inventory officer at OCSD and he said they are still there even though its been 3 years.

obviously im dealing with people who dont know what they are talking about. trying to be optomistic but its hard.


i will update you guys in this thread as its extremely relevant to the OP questions, and anyone else who might become a victim in the future.

demnogis
04-22-2010, 1:27 PM
Not only is there no obligation to protect you, there is no obligation to know the laws they are enforcing.

I think its miraculous that your firearms were not turned into building materials.