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View Full Version : how to get a gun out of evidence?


mtsul
04-23-2010, 6:13 PM
So It has been a year since this was charged heres a link i posted

http://www.calguns.net/calgunforum/showthread.php?t=179807

#1. The court/DA did not file the case to my understanding its over? (Is This true?)

#2. It has been a year so can my brother get his gun back?

#3. if so how/ what does he need to to this happened in Colton Ca Thanks its a mosin m38 if that changes anything (I dont think it does)
#3. has been answered thanks G17GUY

#4. Also how does he pay does he send a money order with the form?

G17GUY
04-23-2010, 6:24 PM
http://ag.ca.gov/firearms/forms/pdf/legr.pdf

Pig Rifle
04-23-2010, 6:34 PM
To my knowledge, they may destroy it after only 6 months....:mad: But if they still have it, you've got to send a Law Enforcement Gun Release application to the California DOJ. They then send a letter which you take to the folks who have your gun, and (in theory) they give it back.

BigDogatPlay
04-23-2010, 6:41 PM
So long as the case is open, they better not destroy anything.

The DA, generally, has up to a year to file a complaint on a misdemeanor. If your brother has an attorney, and he should by this point in the proceedings, then the attorney should be contacting the ADA whose desk the case is on and asking... "what's up". If there is no complaint going to be filed, then it should be over.

If the ADA does not issue a complaint, then by all means the gun should come home.

Was your brother cited on scene? Was he ever given any court dates?

mtsul
04-23-2010, 7:04 PM
He was cited on scene, and he was given a court date, but the DA sent it back to the Colton PD for lack of prof (This is what I remember him saying Ill give him a call and see if thats right and h also said he called the courts to see if they filed and they told him that the DA had a year to resubmit the case. (Does that sound right?) also if it is all done and over who whould he make a check/money order to? the DOJ?

BigDogatPlay
04-23-2010, 7:25 PM
The form and the fee go to DoJ yes.

Did he attend the court date he was given and learn there that it was sent back? Or did the DA cancel the court date and tell him that it was sent back. Was he actually arraigned before a judge? If so the case may still be active.

You should probably double check with the DA's office, or more properly, have an attorney do it.

mtsul
04-23-2010, 8:11 PM
The form and the fee go to DoJ yes.

Did he attend the court date he was given and learn there that it was sent back? Or did the DA cancel the court date and tell him that it was sent back. Was he actually arraigned before a judge? If so the case may still be active.

You should probably double check with the DA's office, or more properly, have an attorney do it.

He went but it was canceled, they said call back every 10 days to see if they filed it and they said the DA only had a year

Also the money order or check Just make it out to the DOJ??

arfan66
04-24-2010, 2:03 AM
I used the same form to pick up a pistol that was stolen from me back in '01. Yes, make the check/ money order out to "California Department of Justice". If the applicant is eligible, they send out an authorization letter with a gold foil seal that you bring to the law enforcement agencie's property room/department.

Good luck!

mtsul
10-14-2010, 12:13 PM
Hey he never got an letter or anything like that can anyone help with getting this back

Paul S
10-14-2010, 2:09 PM
Hey he never got an letter or anything like that can anyone help with getting this back

Sorry friend you lost me here...what are you referring to?