View Full Version : How long can the State the state hold confiscated Personal Property?

03-21-2006, 12:20 PM
I am not a lawyer, thank goodness, but I would like to find out how long the State can keep confiscated Personal Property? The receivers that were confiscated in Milpitas, on the premise that the safe was too small, have been held passed reasonable amount of time.

The DOJ reasoning of confiscating the receivers was that the safe was too small. This was a judgment call on the part of the agents. However, since the DOJ agents did not try to put the receivers into the safe, this fact cannot be proven nor disproved. Also, since the FFL has since installed a new larger safe, and has been inspected to show that he has the means to secure all the receivers, the original excuse that the DOJ used no longer exist. The DOJ agents that were involved have been informed that the FFL has remedied their original concerns. The place that the receivers are being held at, also know that the FFL has a large enough safe now. Therefore, the DOJ has no legitimate reason for holding the Personal Property.

I like to think that I am a reasonable person, and I do not see how after over 30 days the State can claim that they were not able to return the receivers, for which they have no reason to keep them any more.

Even if you go to the county jail, when you leave they give you back all of your Personal Property.

So is there anyone out there that can explain this too me?

03-21-2006, 12:51 PM
And the answer is: as long as they want if there is an active investigation.

There appears to be an investigation going on right now, chances are the only thing that will result from this will be the end of the investigation when the new list is published. They're trying to limit the spread of lowers at each possibly opportunity.

First attempt was scaring off Fulton Armory and other Manufacturers from directly importing. We overcame that. Next attempt was trying to foil the group buys in NorCal. Beat 'em there too. Their efforts are feeble and futile... we get at least 5 or 10 lowers into the state for every one lower that they illegally confiscate.

03-21-2006, 4:25 PM
Even if you are investigating a crime, don't they have to notify the parties involved that their personal property is being held as evidence? Also, wouldn’t the location of the receivers have to go to the evidence room, to be legally controlled?

Inquiring minds want to know!!!!

03-21-2006, 4:38 PM
I heard from the janitor who cleans the house of, a janitor who works for the DOJ, who is sleeping with the evidence room lady, that they already melted them down and made a phallic statue of Lockyer. Call them and ask, it is on display in the lobby. :eek:

Or not.