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View Full Version : Help needed with getting firearms back.......


Zesty
03-20-2011, 9:56 AM
Sorry if this is the wrong place, but I am somewhat desperate. Without going into too much detail, 2 of my firearms are in police custody and I was hoping someone could steer me in the right direction as far as who I should be talking to. I have tried PM'ing a few people here with no response or luck. Sorry for being so vague about the whole deal, but if anyone can help me at all I would be greatly appreciative. Thank you and God bless.

Kid Stanislaus
03-20-2011, 10:14 AM
You'll probably have to stop being so vague.

boogak
03-20-2011, 10:18 AM
You'll probably have to stop being so vague.

+1 it also determines if it is an open case, dismissed or not. you may need a court order for release and the investigator may have put a hold on your firearm. you will need a legr from doj also. best if you speak with an attorney

510GUY
03-20-2011, 10:30 AM
Yes, your best bet would be a attorney.

Liberty1
03-20-2011, 10:43 AM
http://www.calguns.net/calgunforum/showthread.php?t=245866

And

http://www.dklawoffice.com/

Purple K
03-20-2011, 1:01 PM
"Stickied" at the top of this forum is a thread titled "If you get in trouble......contact CGF." do it!

GrizzlyGuy
03-20-2011, 1:11 PM
At some point in the process you will need to fill out and submit a Law Enforcement Gun Release (http://ag.ca.gov/firearms/legrinfo.php) (LEGR) application to CA DOJ. DOJ will confirm that you aren't prohibited from possessing firearms, verify that the guns haven't been reported stolen, etc. then send you back a certificate for each one. You present the certificates to the LEA and they hand you back the guns.

Note that this applies whether or not there is something exceptional regarding your situation that requires the assistance of an attorney: LEAs are prohibited by law from returning guns to you until you go through the LEGR process. The certificates are only valid for 30 days so you may need to coordinate with the LEA.

corrupt
03-20-2011, 1:32 PM
The certificates are only valid for 30 days so you may need to coordinate with the LEA.

This is important and can result in delays. Make sure you talk to the property officer (and to be extra sure, his supervisor) about any bullsh__ "policies" that the agency has in place that may delay the release of your property, which could make you go through the LEGR process a second time. Having personally dealt with this, bullsh__ policies could mean things like, they're going to steal your ammo or that they won't give you your own property back until a few months after the case has been dismissed.

dantodd
03-20-2011, 1:44 PM
I have heard of some cases in which an attorney was able to convince an LEA to release firearms after a fun oefner was not getting anywhere despite having an LEGR. If there is an open case or a restraining order involved you will have to get that cleared first.

INJUNTOM
03-20-2011, 2:23 PM
Was there something illegal going on with the guns?

Kid Stanislaus
03-20-2011, 5:37 PM
Was there something illegal going on with the guns?

That's the "vague" part of this discussion.

Zesty
03-21-2011, 7:33 AM
Sorry again to be so vague, I just figure it would be best to not broadcast all the info for the whole world to see....besides the story is so amazing I'm pretty sure the news networks would be all over me for an exclusive.

I actually had read the sticky and tried to contact both Oaklander and Hoffmang via PM about my situation nearly 4 months ago but never got a reply at all. I'm sure they are very busy so I figured I would ask here as well. Thank you gentlemen for steering me in the right direction, and again I am very sorry to be so vague and useless. haha

Just so I'm not a total letdown, here is the story in a nutshell.

2 meth users broke into the property I live on with my Father. We confronted them, and they tried to run me down with their vehicle twice. Then they tried to run down my Father. We both discharged our weapons in full fear of our lives. No one was hurt, but truck was disabled. Ordered driver and passenger out of truck at gunpoint and told them to lay face down until the police arrive. Sheriffs show over 20mins later and take the 2 perps into custody along with both of my firearms. I signed for my gear but never got a receipt(I was totally flustered/mistake). Sheriffs said we were well within our rights as well as the parole agent. The driver is being charged with either attempted murder or assault with a deadly weapon...I dont recall which exactly. The truck they were driving was stolen, they were high on meth, had burglary tools, stolen credit cards, and stole nearly 30gallons of gasoline from us. They were both on parole and wanted for various other local charges since they have been paroled. As far as I know there is no criminal investigation against me or my Father, they are just holding the guns until the case is closed....which sounds reasonable until you have just had an attempt on your life by a career criminal and are now a sitting duck for these animals to retaliate. Kinda sucks.

*Edit* Just for clarity, the 2 firearms were completely legal. I had my Springfield Armory XD45 service with Streamlight TLR-2 and Father had my Saiga 7.62x39 16"...both currently in lockup rusting away no doubt. sad

Curtis
03-21-2011, 7:57 AM
Zesty

I'm glad you and your father are well. There are lots of people involved when getting a firearm involved in a case released. I would start with the detective in charge of the case. I'm sure you will need to also talk with the DA's office. However, I would expect that they would hold the evidence until the case is fully adjudicated.

Good luck!

vega
03-21-2011, 8:06 AM
Zesty - Good job! I hope you get your firearms back.

INJUNTOM
03-21-2011, 12:02 PM
Yep, they will most likely hold them 'til the end.

Time to go down and get some more "heat"

dantodd
03-21-2011, 12:14 PM
I am surprised they want to hold your wounds since they are not likely part of the evidence against the bad guys. If a cop discharges his weapon while.apprehending a suspect it is not held once the officer is cleared. I would ask the property clerk if the weapons can be released if you follow their procedures. If the clerk says no and that they are holding the weapon until the conclusion of the case I would call Jason Davis or Don Kilmer and ask about how to proceed. If the clerk says they aren't holding the weapons for the case and that you can duster the process of retrieving fill out the LEGR and then start the circus. As others have said, if you are worried that someone might seek retribution buy another weapon.

taperxz
03-21-2011, 12:20 PM
I am surprised they want to hold your wounds since they are not likely part of the evidence against the bad guys. If a cop discharges his weapon while.apprehending a suspect it is not held once the officer is cleared. I would ask the property clerk if the weapons can be released if you follow their procedures. If the clerk says no and that they are holding the weapon until the conclusion of the case I would call Jason Davis or Don Kilmer and ask about how to proceed. If the clerk says they aren't holding the weapons for the case and that you can duster the process of retrieving fill out the LEGR and then start the circus. As others have said, if you are worried that someone might seek retribution buy another weapon.

^^^^^ This, in a nutshell.