PDA

View Full Version : Gun confiscated 4 years ago...how do we get it back?


J.D.Allen
01-27-2011, 9:02 PM
My brother had a gun confiscated approximately four years ago by the police while he was being arrested on suspicion of PC 647(f) (drunk in public).

Charges were never filed and there was no conviction for anything. When he contacted the PD for the return of his weapon, they gave him a form to mail in to the DOJ in Sacramento, supposedly they were going to send him back another form with which he could go to the PD to retrieve his weapon.

He sent in the form about a year and a half ago and hasn't heard anything since.

Any ideas how he can get it back?

Thanks guys (and gals)

ColdDeadHands1
01-27-2011, 9:45 PM
After 4 years my guess is that gun is either in some cops safe at home or was melted into scrap metal.

Good luck anyway.

sw99
01-27-2011, 9:48 PM
re-send the first form?

I'm guessing the first form is a LEGR ( http://ag.ca.gov/firearms/forms/pdf/legr.pdf ), the second the "determination notice" ( i.e. confirmation of sucessful LEGR application. )

BTW Once he gets the determination notice, he has 30 days to retrieve the gun. Otherwise the notice expires and he has to re-apply.

xenophobe
01-27-2011, 9:49 PM
After 4 years my guess is that gun is either in some cops safe at home or was melted into scrap metal.

Good luck anyway.

Or auctioned off.

Good luck, but he took too long trying to get it returned.

Kid Stanislaus
01-27-2011, 11:39 PM
Right, who fiddles around for FOUR years before trying to regain confistcated property. This is a pretty screwy situation in my estimation.

norcal01
01-28-2011, 12:00 AM
I would start by contacting the agency that confiscated it and seeing if it is still there. Four years is a long time.

Omil
01-28-2011, 12:33 AM
It's too long, my brother in-law gets his back much sooner than that!

J.D.Allen
01-28-2011, 8:03 AM
re-send the first form?

I'm guessing the first form is a LEGR ( http://ag.ca.gov/firearms/forms/pdf/legr.pdf ), the second the "determination notice" ( i.e. confirmation of sucessful LEGR application. )

BTW Once he gets the determination notice, he has 30 days to retrieve the gun. Otherwise the notice expires and he has to re-apply.

Thanks, problem is he never got the determination notice. Guess he'll just have to try again...anyone know what department at the DOJ handles that? a phone number or anything?

stix213
01-28-2011, 12:42 PM
I'd be extremely surprised if this gun is still being held for him after this long.

sawchain
01-28-2011, 1:26 PM
My question isn't why hasn't he retrieved it after four years. My question is why haven't they returned it after four years?

You cannot take someone's property without due process.

awall919
01-28-2011, 1:33 PM
have you tried reporting it stolen? that may give the PD some initiative to at least locate the weapon, or it should at least give some insight as to what happened to it.
I wish you and you bro the best in getting your weapon back. Though this is just my opinion as i have no experience in the matter. Again good luck.

emcon5
01-28-2011, 2:01 PM
have you tried reporting it stolen? that may give

I'll take "Filing a false report" for $500 Alex :rolleyes:

sw99
01-28-2011, 5:37 PM
Thanks, problem is he never got the determination notice. Guess he'll just have to try again...anyone know what department at the DOJ handles that? a phone number or anything?

The agency name is in the .pdf document I gave you a link to.

I have no idea if they take telephone inquiries. There may be something on the BoF web site.

HowardW56
01-28-2011, 6:08 PM
4 years is a long time... I would expect that they disposed of it already....

Anchors
01-28-2011, 6:43 PM
Or auctioned off.

Good luck, but he took too long trying to get it returned.

Where does one gain access to these police auction guns!?
haha. Sounds like I could get a whole mess of WASRs, Glocks, and Ravens (lol) on the CHEAP.

My question isn't why hasn't he retrieved it after four years. My question is why haven't they returned it after four years?

You cannot take someone's property without due process.

THIS.
If they decided that they didn't have a reason to keep his gun, then it should have been on them to try and return it.
But of course that isn't how it is (unfortunately).

I hope he gets it back, keep us posted.

Out of curiosity, what is the make/model?

Claymar
01-28-2011, 8:18 PM
Where does one gain access to these police auction guns!?
haha. Sounds like I could get a whole mess of WASRs, Glocks, and Ravens (lol) on the CHEAP.



THIS.
If they decided that they didn't have a reason to keep his gun, then it should have been on them to try and return it.
But of course that isn't how it is (unfortunately).

I hope he gets it back, keep us posted.

Out of curiosity, what is the make/model?

Did gun releases for a local agency for a number of years. It was rare for me to keep one for more than a year, we did a notification at thirty days and sixty days and if there was no communication the gun was history. Police departments do not normally have an FFL so doubt seriusly if it would be auctioned, common practice is to contract with a company who welds the barrel and action and then takes it out in deep water.

Anchors
01-28-2011, 8:45 PM
Did gun releases for a local agency for a number of years. It was rare for me to keep one for more than a year, we did a notification at thirty days and sixty days and if there was no communication the gun was history. Police departments do not normally have an FFL so doubt seriusly if it would be auctioned, common practice is to contract with a company who welds the barrel and action and then takes it out in deep water.

We spend tax money on that? haha.
They don't even scrap the steel?
That bums me out!

Bill Carson
01-28-2011, 10:47 PM
have you tried reporting it stolen? that may give the PD some initiative to at least locate the weapon, or it should at least give some insight as to what happened to it.
I wish you and you bro the best in getting your weapon back. Though this is just my opinion as i have no experience in the matter. Again good luck.

I know that must be a typo. You did not mention on this board that a member file a false police report because that could get you banned from here in a heartbeat.

Kid Stanislaus
01-28-2011, 11:46 PM
I'll take "Filing a false report" for $500 Alex :rolleyes:

Well hell, if it was stolen by the POLICE DEPT. then it is stolen, right?;)

N6ATF
01-29-2011, 12:11 AM
Tell the FBI the police took (stole) the gun and won't give it back. Legal.

Ron-Solo
01-29-2011, 12:40 AM
After 4 years my guess is that gun is either in some cops safe at home or was melted into scrap metal.

Good luck anyway.

If you have something to support your allegation that an officer misappropriated this firearm, please back up your allegation WITH FACTS, otherwise ................

have you tried reporting it stolen? that may give the PD some initiative to at least locate the weapon, or it should at least give some insight as to what happened to it.
I wish you and you bro the best in getting your weapon back. Though this is just my opinion as i have no experience in the matter. Again good luck.

It wasn't stolen and he knows it. The PD gave him the info to file the LEGR with DOJ, and he never followed up on it. Filing a false police report is a crime.

Tell the FBI the police took (stole) the gun and won't give it back. Legal.

It wasn't stolen, and the drunk owner failed to follow up on getting it released, so why blame the police.

Well hell, if it was stolen by the POLICE DEPT. then it is stolen, right?;)

It wasn't stolen, it was held for safekeeping because he was drunk. The police gave him the info needed to reclaim the gun, but he never followed up on it for FOUR YEARS. How long should the police wait?

It is amazing how everyone blames the police for their lack of effort.

And regarding 647 arrests, unless it involves a series of repeat offenses, charges are rarely filed. The person is released without charges once the sober up. It happens every day and would clog our justice system even worse than it already is.

Anti-Hero
01-29-2011, 1:24 PM
It took me almost 2 years of paperwork, follow ups, calls, and BS to retrieve a firearm that was stolen from me in a residential burglary.

I had to wait for ballistic testing. Detective said: "if it's been used in a crime, you won't get it back."

I had to wait for the trial of the scumbag they found it on.

Detective that was working on the case and familiar with me and my property transfered. Had to rehash everything with new person. Good thing I kept copious notes.

LEGR filed.

DOJ release paperwork arrived.

Appt. scheduled.

Trip to dept. - Gun returned.


But... For all the crap and BS and money I had to shell out, I did get it back. The system does work, if you bow, bend, jump, and hop through the required obstacles.

JDay
01-29-2011, 1:26 PM
I'll take "Filing a false report" for $500 Alex :rolleyes:

Depriving someone of their property is theft.

N6ATF
01-29-2011, 1:28 PM
No, no, NO! The government is exempt from every law in existence! Substantial deprivation of property (not giving it back immediately) is not the crime of theft, when the government does it! :rolleyes:

GrizzlyGuy
01-29-2011, 1:32 PM
The police are actually obligated to sell or destroy the firearm if it goes unclaimed for 180 days: (http://law.onecle.com/california/penal/12032.html)

Notwithstanding any provision of law or of any local
ordinance to the contrary, when any firearm is in the possession of
any officer of the state, or of a county, city and county or city, or
of any campus of the University of California or the California
State University, and the firearm is an exhibit filed in any criminal
action or proceeding which is no longer needed or is unclaimed or
abandoned property, which has been in the possession of the officer
for at least 180 days, the firearm shall be sold, or destroyed, as
provided for in Section 12028.
This section shall not apply to any firearm in the possession of
the Department of Fish and Game or which was used in the violation of
any provision of law, or regulation thereunder, in the Fish and Game
Code.

Unless the police are breaking the law, the chance of getting that gun back is zero.

loudninja
01-29-2011, 1:43 PM
Your brother is SOL.

SVT-40
01-29-2011, 2:16 PM
Depriving someone of their property is theft.

Wrong..

Do some research before you make silly statements.:rolleyes:

JDay
01-29-2011, 2:23 PM
Wrong..

Do some research before you make silly statements.:rolleyes:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Since he was never charged there was never any due process, i.e. this was theft plain and simple. Not to mention that the process for getting back a firearm in this state amounts to extortion.

xenophobe
01-29-2011, 2:53 PM
Where does one gain access to these police auction guns!?

http://lmgtfy.com/?q=police+gun+auctions

Most California agencies stopped doing this a while ago... there are still agencies that auction them for funding. :p

spiderpigs
01-29-2011, 4:36 PM
The police are actually obligated to sell or destroy the firearm if it goes unclaimed for 180 days: (http://law.onecle.com/california/penal/12032.html)



Unless the police are breaking the law, the chance of getting that gun back is zero.

unclaimed?

They KNEW who the owner of the firearm was.....It seems reasonable(maybe not legal) that they could have just called the guy and asked him to come get his property.

Merc1138
01-29-2011, 4:58 PM
unclaimed?

They KNEW who the owner of the firearm was.....It seems reasonable(maybe not legal) that they could have just called the guy and asked him to come get his property.

Apparently you've never seen this page before:

http://scoweb.sco.ca.gov/UCP/

That's the state of California hanging onto property(for a set period of time) when they have the names and addresses of the property owners. There are some people(who for whatever reason) have thousands of dollars sitting in the hands of the state, with their name and address on file. The only way to get it, is to search for it every now and then, and then fill out the paperwork for it.

Kid Stanislaus
01-29-2011, 7:17 PM
Apparently you've never seen this page before:

http://scoweb.sco.ca.gov/UCP/

That's the state of California hanging onto property(for a set period of time) when they have the names and addresses of the property owners. There are some people(who for whatever reason) have thousands of dollars sitting in the hands of the state, with their name and address on file. The only way to get it, is to search for it every now and then, and then fill out the paperwork for it.

On a similar note, I remember many years ago that Bank Of America in San Francisco had a savings account with some (unknown amount) of money in it and could not find the owner of the account. The guy's name was Willie Mays!!

SVT-40
01-29-2011, 11:09 PM
Since he was never charged there was never any due process, i.e. this was theft plain and simple. Not to mention that the process for getting back a firearm in this state amounts to extortion.

Again you really should take the time to educate yourself before you make absolutely incorrect statements.

Two and a half years go by and the owner did not make any attempts to get his property back....Yeah it's all the cops fault.:rolleyes:

JDay
01-30-2011, 5:46 AM
Apparently you've never seen this page before:

http://scoweb.sco.ca.gov/UCP/

That's the state of California hanging onto property(for a set period of time) when they have the names and addresses of the property owners. There are some people(who for whatever reason) have thousands of dollars sitting in the hands of the state, with their name and address on file. The only way to get it, is to search for it every now and then, and then fill out the paperwork for it.

You're not going to find any firearms on that site.

JDay
01-30-2011, 5:47 AM
Again you really should take the time to educate yourself before you make absolutely incorrect statements.

Two and a half years go by and the owner did not make any attempts to get his property back....Yeah it's all the cops fault.:rolleyes:

Maybe you should try reading what he said.


My brother had a gun confiscated approximately four years ago by the police while he was being arrested on suspicion of PC 647(f) (drunk in public).

Charges were never filed and there was no conviction for anything. When he contacted the PD for the return of his weapon, they gave him a form to mail in to the DOJ in Sacramento, supposedly they were going to send him back another form with which he could go to the PD to retrieve his weapon.

He sent in the form about a year and a half ago and hasn't heard anything since.

Any ideas how he can get it back?

Thanks guys (and gals)

Merc1138
01-30-2011, 6:13 AM
You're not going to find any firearms on that site.

I never said you would find firearms on that site...(duh)

I was referring to spiderpigs failing to realize that unclaimed property will sit in the possession of the government even if they know the name and address of the owner, until you file the paperwork to go get it.

As far as this guy and the gun goes, he spent 4 years before realizing there was a problem? And waited a year and a half after submitting the form without bothering to check up on it at any point in time? After a month tops I'd have been contacting them to make sure they even got the form in the first place. When dealing with crap like this you NEED to stay on top of things. Paperwork can get lost, and regardless of how much of an evil machine we think the DOJ and various other agencies are, they are run by people that make mistakes and probably couldn't care less one way or the other what happens.

As screwed up as it is for the PD to have taken the gun in the first place, the reality is that he should have started taking care of it the next day after he sobered up.

And also JDay, you're the one that should do some reading and math here.

The cops took the gun 4 years ago, he's went to the PD and sent the form to the DOJ and has been waiting on the DOJ for a year and a half. 4 years minus 1.5 years of waiting on the DOJ equals 2.5 years. According to what the guy told us, his buddy waited two and a half years before contacting the PD. Again, I do not agree with the PD taking the gun in the first place, but dragging your rear end that long to take care of it is ridiculous.

JDay
01-30-2011, 6:20 AM
I never said you would find firearms on that site...(duh)

I was referring to spiderpigs failing to realize that unclaimed property will sit in the possession of the government even if they know the name and address of the owner, until you file the paperwork to go get it.

Unclaimed firearms are usually destroyed in a matter of a few months, the state does everything they can to ensure they are not returned. There have even been cases of firearms being returned permanently destroyed (receivers cut and welded), even though they were in perfect working order when confiscated.

Merc1138
01-30-2011, 6:24 AM
Unclaimed firearms are usually destroyed in a matter of a few months, the state does everything they can to ensure they are not returned. There have even been cases of firearms being returned permanently destroyed (receivers cut and welded), even though they were in perfect working order when confiscated.

Yeah, I've heard about that happening as well. Still doesn't explain the lapse in personal judgment to get this taken care of as soon as possible.

Oceanbob
01-30-2011, 6:44 AM
Yeah, I've heard about that happening as well. Still doesn't explain the lapse in personal judgment to get this taken care of as soon as possible.

THIS^^^^^^^

We can only assume the OPs brother had some issues to deal with other than
getting his handgun returned.

More than likely the weapon is long gone.

Lesson learned I guess.

Dutch3
01-30-2011, 6:51 AM
Apparently you've never seen this page before:

http://scoweb.sco.ca.gov/UCP/



Ha...I just checked it and discovered there is money being held for me!

Twenty cents!

I switched car insurance companies a few years ago, and for some reason my old insurance company sent me a check for 20 cents. I never deposited it, but they have dutifully reported to the state they still owe me for it. :rolleyes:

Claymar
01-30-2011, 10:22 AM
We spend tax money on that? haha.
They don't even scrap the steel?
That bums me out!

Have you checked into what it cost to scrape steel lately? Recycling ain't cheep, thats why I have to pay recycling fees on everything from tires to old computer moniters to bottles I put on the curb.

Not to mention that steel has a long way to go before it hits $ per oz. Right now it sells for $ per ton.

As to the original post, probably best to forget the gun.

Ron-Solo
01-30-2011, 12:30 PM
As far as this guy and the gun goes, he spent 4 years before realizing there was a problem? And waited a year and a half after submitting the form without bothering to check up on it at any point in time? After a month tops I'd have been contacting them to make sure they even got the form in the first place. When dealing with crap like this you NEED to stay on top of things. Paperwork can get lost, and regardless of how much of an evil machine we think the DOJ and various other agencies are, they are run by people that make mistakes and probably couldn't care less one way or the other what happens.

As screwed up as it is for the PD to have taken the gun in the first place, the reality is that he should have started taking care of it the next day after he sobered up.

And also JDay, you're the one that should do some reading and math here.

The cops took the gun 4 years ago, he's went to the PD and sent the form to the DOJ and has been waiting on the DOJ for a year and a half. 4 years minus 1.5 years of waiting on the DOJ equals 2.5 years. According to what the guy told us, his buddy waited two and a half years before contacting the PD. Again, I do not agree with the PD taking the gun in the first place, but dragging your rear end that long to take care of it is ridiculous.


Just what is the PD supposed to do with the gun? They can't just leave it behind for someone to steal. Be realistic here.

It obviously was not evidence or they would have booked it that way. We encounter people every day who are in possession of valuable items. When we arrest them, we are responsible for their safekeeping. This includes firearms. Unfortunately, due to state laws, which we must follow, there are procedures the owner must follow before LE can release firearms. They are a pain to deal with, especially for us. In this case, the owner of the frearm failed to follow up over a period of 4 years. That doesn't show much responsibility if you ask me, which is very close to the fact he was arrested for drunk in public while in possession of a firearm to begin with.

Merc1138
01-30-2011, 3:22 PM
Just what is the PD supposed to do with the gun? They can't just leave it behind for someone to steal. Be realistic here.

It obviously was not evidence or they would have booked it that way. We encounter people every day who are in possession of valuable items. When we arrest them, we are responsible for their safekeeping. This includes firearms. Unfortunately, due to state laws, which we must follow, there are procedures the owner must follow before LE can release firearms. They are a pain to deal with, especially for us. In this case, the owner of the frearm failed to follow up over a period of 4 years. That doesn't show much responsibility if you ask me, which is very close to the fact he was arrested for drunk in public while in possession of a firearm to begin with.

I guess I need to clarify.

Last time I checked when you're thrown into the drunk tank, they take your possessions and give them back to you later. They did not do that with the man's gun. I was being realistic. If it wasn't for our BS legislature, the man should have had his property returned to him when he was released. That issue is completely independent of the man not bothering to take care of his property for 4 years.

So yes, it's screwed up for the PD to take your property and not return it.

socal2310
01-30-2011, 3:40 PM
I guess I need to clarify.

Last time I checked when you're thrown into the drunk tank, they take your possessions and give them back to you later. They did not do that with the man's gun. I was being realistic. If it wasn't for our BS legislature, the man should have had his property returned to him when he was released. That issue is completely independent of the man not bothering to take care of his property for 4 years.

So yes, it's screwed up for the PD to take your property and not return it.

But you didn't say that, you said it was screwed up for them to take it in the first place. By all means say, "I'm sorry, I meant to say..." but none of this, "I need to clarify," nonsense.

Ryan

Merc1138
01-30-2011, 5:07 PM
But you didn't say that, you said it was screwed up for them to take it in the first place. By all means say, "I'm sorry, I meant to say..." but none of this, "I need to clarify," nonsense.

Ryan

Or you could just not assume that I don't know how the law works regarding the return of firearms(especially since if you had read the other posts I made in this thread I quite clearly discussed the paperwork involved, but no all you did was latch onto a single statement without bothering to read anything else) and not act like a tool about it. Go nitpick elsewhere. Oh I'm sorry, do I need to define every statement I make with a paragraph? I meant exactly what I said, YOU however failed to actually read the thread and understand the context of the discussion.

I hate trolls.

Sorry, I need to clarify. You are trolling. Why don't you go hassle someone about mixing up clips/magazines or something.

Ron-Solo
01-30-2011, 5:17 PM
This all goes back to responsible gun ownership. Had he followed up promptly, his gun would have been released to him. I've released a great deal of property over the years, but when dealing with all the rules and regulations concerning firearms, I made sure all the paperwork was in order. I'm not risking my job or freedom, because someone who might be a nice guy, can't get his act together. The average person doesn't get popped for 647f. It is used when the drunk is causing a problem and his friends can't keep him from doing stupid stuff.

Do stupid things, win stupid prizes.

taperxz
01-30-2011, 5:25 PM
If the police were to take my firearm and hold it, I don't think a day would go by where i would stay on the process to ensure i got my gun back. I would also keep copies of everything sent to DOJ and if there was a problem show the PD holding the gun that you are working on it in good faith so they could at least help or advise me.

BTW I had to wait 8 months for stolen property to come back to me, it was being held in evidence. That PD knew me by name on the phone before i told them who i was when calling by phone ;)

Merc1138
01-30-2011, 5:30 PM
If the police were to take my firearm and hold it, I don't think a day would go by where i would stay on the process to ensure i got my gun back. I would also keep copies of everything sent to DOJ and if there was a problem show the PD holding the gun that you are working on it in good faith so they could at least help or advise me.

BTW I had to wait 8 months for stolen property to come back to me, it was being held in evidence. That PD knew me by name on the phone before i told them who i was when calling by phone ;)

Are you sure it wasn't just the caller ID? :p

bwiese
01-30-2011, 5:39 PM
Getting guns back has always been an issue.

Expecting them to come back with your car keys, esp in the CA political environment, with antigun PDs and many antigun cops is not that rational.
That's why we now have the LEGR process. Yeah it costs $20 but it gives structure to a procedure that had wild variations in execution before.

Expecting the PD to really 'hop to' to get a gun back to a guy who was "Drunk In Publick" (insert voiceover of comedian Ron White here) is even less rational, given the above.

The fact there is a formal LEGR process now does help. It used to be without this there would be dilly/dally/stall from the PD or SO and they'd ask for receipts for the guns, proof it was registered (?? !!) etc.

Waiting 4 years is problematic. The gun could have been sold off as unclaimed, could have ended up in the pocket of a cop (it DOES happen), parts could be swapped out on the gun (that HAS HAPPENED multiple times up here in SF peninsula)

taperxz
01-30-2011, 5:58 PM
Are you sure it wasn't just the caller ID? :p

No this was before caller ID. LOL There was no LEGR process either. When they were done, they just turned em over to me.

SVT-40
01-30-2011, 6:27 PM
Maybe you should try reading what he said.

I did, and can preform simple subtraction.

Gun seized four years ago after a 647(f )arrest.

Form sent in a year and a half ago.

I know you are in college and scores in math have been dropping.

But four minus 1.5 still equals 2.5

4-1.5= 2.5

So he waited 2.5 years to do anything to have his firearm returned.


Clear for you know?


My brother had a gun confiscated approximately four years ago by the police while he was being arrested on suspicion of PC 647(f) (drunk in public).

Charges were never filed and there was no conviction for anything. When he contacted the PD for the return of his weapon, they gave him a form to mail in to the DOJ in Sacramento, supposedly they were going to send him back another form with which he could go to the PD to retrieve his weapon.

He sent in the form about a year and a half ago and hasn't heard anything since.

Any ideas how he can get it back?

Thanks guys (and gals)

Since he was never charged there was never any due process, i.e. this was theft plain and simple. Not to mention that the process for getting back a firearm in this state amounts to extortion.

Regarding your "due process" argument. To assert simply because no charges were filed that there was no "due process' is silly and just ignorant of much of the legal process.


The O/P's brother was legally arrested for drunk in public (647(f) CPC) and during the arrest his firearm was held for safe keeping.

After he sobered up he was released with no charges filed under section 849 (b)(3) CPC

State law prohibits LEO's from just returning a firearm without a DOJ background check . Known as the Law Enforcement Gun Release(LEGR). So by law they could not just give it back to him without him filing the LEGR and bringing the approved LEGR to the PD so the firearm could be released.
12021.3 CPC


Here are copies of the relevant sections.

647. (f) PC
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:

(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.

849. PC
849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
(1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but a
detention only.

12021.3 PC
12021.3. (a) (1) Any person who claims title to any firearm that is
in the custody or control of a court or law enforcement agency and
who wishes to have the firearm returned to him or her shall make
application for a determination by the Department of Justice as to
whether he or she is eligible to possess a firearm.

SanPedroShooter
01-30-2011, 9:31 PM
...parts could be swapped out on the gun (that HAS HAPPENED multiple times up here in SF peninsula)

Hey Bill, whadda you mean "parts swapped out"? Like parts from different guns put back together, or stuff that was wasnt there suddenly appears or vice versa? To what purpose, I am curious to know. Thanks

J.D.Allen
01-30-2011, 9:42 PM
Where does one gain access to these police auction guns!?
haha. Sounds like I could get a whole mess of WASRs, Glocks, and Ravens (lol) on the CHEAP.



THIS.
If they decided that they didn't have a reason to keep his gun, then it should have been on them to try and return it.
But of course that isn't how it is (unfortunately).

I hope he gets it back, keep us posted.

Out of curiosity, what is the make/model?

It was a S&W 9MM, he doesn't know the model. I thought it might be a sigma but he said the frame was metal...

J.D.Allen
01-30-2011, 9:53 PM
Thanks for the responses guys. I know he should have taken care of all of this sooner, but the simple fact is he didn't figure he had any recourse. I don't think most people are as up on current law and procedure as we are here. And I didn't know about it until recently. Anyway, he's going to call the PD that confiscated it to see if they still have it, which is apparently doubtful. Anyway, thanks again.

slappomatt
01-30-2011, 10:22 PM
Ha...I just checked it and discovered there is money being held for me!

Twenty cents!

I switched car insurance companies a few years ago, and for some reason my old insurance company sent me a check for 20 cents. I never deposited it, but they have dutifully reported to the state they still owe me for it. :rolleyes:

yeah I have 20.00 sitting for me from an old class action that was sent to an incorrect address. also stuff for my dad and ex-gf in there. lol

bwiese
01-30-2011, 10:31 PM
Hey Bill, whadda you mean "parts swapped out"? Like parts from different guns put back together, or stuff that was wasnt there suddenly appears or vice versa? To what purpose, I am curious to know. Thanks

1911s with race fun parts taken off and replaced with generic/stock parts...

Hopalong
01-31-2011, 7:44 AM
Seems to me that this is the "you snooze, you loose" principle.

Years ago I had a lady in a small claims court case (which I won) who didn't pay me, claiming my work was faulty.

She never notified me. (because it was made up)

The judge said to her, "if you had a problem with this guy, why didn't you contact him?"

She said, "well, you know, I'm busy with this, and that, blah, blah, blah"

The judge said to her, "do you know how many minutes there are in an hour, hours in a day, days in a week, weeks in a month?' (and in this case months in a year)

Case closed, the PD is not a storage unit.