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View Full Version : HELP! Police conf. firearms (odd issue)


KulG23
06-10-2011, 10:14 AM
ANY help would be GREATLY APPRECIATED!!!

Background:
Father in law had his firearms and ammo confiscated by Santa Paula Police dept (his brother called the police because he was threating to kill himself). Due to mental health and a danger to himself or others, SP PD kept the firearms the property room (2009). 2009-2011 he kept trying to get them back and court denied.

May 2011 he passed away (natural causes), but now my wife/fiancee is trying to get them back. We were informed the ammo has been destroyed, but the firearms remain in the property room.

HERE IS WHERE IS GETS TRICKY! the DOJ Law Enforcement Gun Release Application is for the owner ONLY (deceased) and POA for Firmarms needs the owners signature (deceased) to give POA to his daughter. SP Police Dept said to use the Gun Release, but may not be approved since the guns are not in her name (she's not the owner). PD doesn't know how else to proceed.

How can we get the firmarms back and/or transferred to the daughter?

THANK YOU FOR ANY HELP!!!!

Riodog
06-10-2011, 10:25 AM
Who's the benificiary of his will or estate? Whatever you do-> do it quickly or else items just might disappear.
Rio

Ubermcoupe
06-10-2011, 10:55 AM
About a decade or so ago my father had a similar case with an old captain of his. The beneficiary ended up with the items and then they were transfered to my father.

choprzrul
06-10-2011, 10:59 AM
If you have a firearms-related legal issue in California...

email us or call (800) 556-2109

In Case of Encounter, Detainment or Arrest:

1. Remain Silent - Do Not Answer Questions
2. Do Not Consent to a Search
3. Demand an Attorney
4. Call CGF at (800) 556-2109

YOU ARE NOT REQUIRED TO VOLUNTEER INFORMATION OR OPEN LOCKED CONTAINERS!



If you need immediate legal assistance, please contact an attorney.

For your convenience, below are two firms which are familiar with firearms law.


Northern California:

Law Offices of Donald Kilmer, A Professional Corporation
1645 Willow Street, Suite 150
San Jose, CA 95125
info@dklawoffice.com
T: (408) 264-8489
F: (408) 264-8487


Southern California:

Davis and Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894

Link Here (http://www.calgunsfoundation.org/index.php/hotline)

unusedusername
06-10-2011, 11:00 AM
When the owner passed away, the firearms automatically transferred to the beneficiary per federal law.

The current owner can now fill out the LEGR, but it might make sense to fill out a volreg form first to make sure any handguns are registered to you.

It might make sense for you to find a lawyer versed in estate and property law to write a sternly worded letter to the PD...

dantodd
06-10-2011, 11:07 AM
His estate can bequeath the firearms to anyone it likes (it does not require a DROS or 10 day wait etc.) and that person would then be the one who recovers the firearms from the police.

It might be easier to do with the assistance of an attorney. Don Kilmer is local and could help. (he is "Lex Arma" on this site)

1) The estate needs all the information about the firearms (should be on the property receipt from the PD.)

2) Have the estate write a letter stating the guns are being given to you (or whoever) and include all the make, model, serial #, desc. etc from the Property receipt.

3) If there are any handguns involved you will need to go to a gun store and get a "Handgun Safety Certificate" (HSC) to take possession from the police, they are good for 5 years so getting in before the next step is a good idea. [validity period updated, thanks MaHoTex]

4) Once the guns are given to you by the estate go to the CA Department of Justice site and download and file a "Operation of Law" form to effect the transfer of the guns to you.

5) Once you send in the OpLaw form you can begin the process of getting a Law Enforcement Gun Release (LEGR) issued to you.

6) Once the OpLaw is issued by the DoJ and you have it get the police to release the guns. This can be difficult and I think there is a time limit on the LEGR's validity. This is the most likely place that you might need a letter from an attorney to effect the physical release of the weapons. I've been told that it is quite common for firearms in police custody to be damaged in storage be sure to inspect them and ensure they are in legal configurations before you accept them from the PD.

MaHoTex
06-10-2011, 11:18 AM
3) If there are any handguns involved you will need to go to a gun store and get a "Handgun Safety Certificate" (HSC) to take possession from the police, they are good for 2 years so getting in before the next step is a good idea.

5 years.

KulG23
06-10-2011, 11:20 AM
You all are amazing!!! Thank you! There is no estate/probate due to lack of assets and there is no will.

I have the release of firearms and Oplaw filed out. I'm having my fiancée get her HSC (I already own).

Stonewalker
06-10-2011, 11:31 AM
As Choprzrul said,

Call CGF at (800) 556-2109!!!!

They can help your specific situation in ways we can't in an open forum. Do it now!

dantodd
06-10-2011, 11:57 AM
You all are amazing!!! Thank you! There is no estate/probate due to lack of assets and there is no will.

I have the release of firearms and Oplaw filed out. I'm having my fiancée get her HSC (I already own).

Whoever is going to be inheriting the guns will need to get the HSC. If she is inheriting them then she needs the certificate. If you are inheriting them you need a certificate even if you already own a handgun. It's sucks but it's the law. (for now.)

dantodd
06-10-2011, 11:58 AM
5 years.

Thanks, I'll update my post to show this.

KulG23
06-10-2011, 12:32 PM
This forum is absolutely top notch from any other I have been on! THANK YOU!

I have reached out to:

Davis and Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894

as well to get their input.

Falconis
06-10-2011, 12:41 PM
Don't suppose there are any assault weapons in that mix to help with a certain current situation?

dantodd
06-10-2011, 12:57 PM
This forum is absolutely top notch from any other I have been on! THANK YOU!

I have reached out to:

Davis and Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894

as well to get their input.

Jason's the man in Orange County. I mixed up you and another poster, thought you were in Los Gatos.

KulG23
06-10-2011, 1:20 PM
Don't suppose there are any assault weapons in that mix to help with a certain current situation?

just a M-11 is the one I'm worried about (but I do have the letter from the DOJ to have it registered in CA) then just a number of rifles, pistols, shotguns, ammo (destroyed already), knives (destroyed already).

CHS
06-10-2011, 1:20 PM
Yup. Fill out the LEGR, get an HSC, and then communicate with the department through Jason Davis.

You will be surprised at how quickly the firearms are returned :)

CHS
06-10-2011, 1:22 PM
just a M-11 is the one I'm worried about (but I do have the letter from the DOJ to have it registered in CA) then just a number of rifles, pistols, shotguns, ammo (destroyed already), knives (destroyed already).

The M11 will be tricky. They will likely not want to return it at all, however the law DOES ALLOW for the estate to sell it through an AW dealer or remove it from the state within 30/60/90(?) days. So if it's a registered AW, you can't keep it, but you can probably still make money off of it, or at least get it to a family member outside of CA for safe keeping.

Again, talk to Jason Davis.

KulG23
06-10-2011, 1:35 PM
Don't suppose there are any assault weapons in that mix to help with a certain current situation?

Yup. Fill out the LEGR, get an HSC, and then communicate with the department through Jason Davis.

You will be surprised at how quickly the firearms are returned :)

Ask for Jason Davis at DOJ or ??? Quick return would be amazing!

KulG23
06-10-2011, 1:36 PM
The M11 will be tricky. They will likely not want to return it at all, however the law DOES ALLOW for the estate to sell it through an AW dealer or remove it from the state within 30/60/90(?) days. So if it's a registered AW, you can't keep it, but you can probably still make money off of it, or at least get it to a family member outside of CA for safe keeping.

Again, talk to Jason Davis.

my brother is cop/ffl in Oregon... who is this Jason Davis and how do I contact him?

timmy8151
06-10-2011, 1:41 PM
Jason Davis is an Attorney at Davis and Associates, who I believe you already contacted.

CHS
06-10-2011, 2:06 PM
Jason Davis is the guy you're already talking to:

This forum is absolutely top notch from any other I have been on! THANK YOU!

I have reached out to:

Davis and Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
info@calgunlawyers.com
T: 949.310.0817
F: 949.288.6894

as well to get their input.

Liberty1
06-10-2011, 8:32 PM
just a M-11...

Does CGF need some one with standing over this issue?:43:

Falconis
06-10-2011, 10:11 PM
just a M-11 is the one I'm worried about (but I do have the letter from the DOJ to have it registered in CA) then just a number of rifles, pistols, shotguns, ammo (destroyed already), knives (destroyed already).

I asked because of a number of things. First, I think all the active members here want to see the AW abolished.

2nd, someone here brought up the question of fairness that AW's can't be handed down after a death due to current state laws.

and 3rd, an AW related lawsuit was filed bu CGF late last month.

That AW is something you should definitely bring up to your attorney in case there is something that can be done to further the cause.

Falconis
06-10-2011, 10:13 PM
I was confused, but now I assume the OP means MAC-11 and not M-11 (Sig P228).

He could have meant this http://images.search.yahoo.com/images/view?back=http%3A%2F%2Fsearch.yahoo.com%2Fsearch%3 Fei%3DUTF-8%26p%3Dm-11&w=160&h=100&imgurl=www.bing.com%2Fimages%2Fsearch%3Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&size=&name=search&rcurl=http%3A%2F%2Fwww.bing.com%2Fimages%2Fsearch% 3Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&rurl=http%3A%2F%2Fwww.bing.com%2Fimages%2Fsearch%3 Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&p=m-11&type=&no=1&tt=114&oid=http%3A%2F%2Fts1.mm.bing.net%2Fimages%2Fthumbn ail.aspx%3Fq%3D958033433700%26id%3D699eb17fc6b5401 ef0f7203759b4d9dd&tit=PAKISTANI+M-11+MISSILE+ON+MOBILE+LAUNCHER&sigr=13sq4irt3&sigi=13laqt7ih&sigb=11ehfv34v&fr=ytff1-tyc

KulG23
06-11-2011, 12:16 PM
Thank all, I will keep you updated of my progress... Paperwork to the DOJ will b mailed Monday. I have not heard back from Mr. Davis yet.

KulG23
06-12-2011, 7:34 PM
Listed as a cobrays m-11

He could have meant this http://images.search.yahoo.com/images/view?back=http%3A%2F%2Fsearch.yahoo.com%2Fsearch%3 Fei%3DUTF-8%26p%3Dm-11&w=160&h=100&imgurl=www.bing.com%2Fimages%2Fsearch%3Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&size=&name=search&rcurl=http%3A%2F%2Fwww.bing.com%2Fimages%2Fsearch% 3Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&rurl=http%3A%2F%2Fwww.bing.com%2Fimages%2Fsearch%3 Fq%3Dm-11%23focal%3D58441e5b13d5ff787823ea6012154ed3%26fu rl%3Dhttp%253a%252f%252fwww.softwar.net%252fM11A.J PG&p=m-11&type=&no=1&tt=114&oid=http%3A%2F%2Fts1.mm.bing.net%2Fimages%2Fthumbn ail.aspx%3Fq%3D958033433700%26id%3D699eb17fc6b5401 ef0f7203759b4d9dd&tit=PAKISTANI+M-11+MISSILE+ON+MOBILE+LAUNCHER&sigr=13sq4irt3&sigi=13laqt7ih&sigb=11ehfv34v&fr=ytff1-tyc

JasonDavis
06-14-2011, 4:07 PM
Thank all, I will keep you updated of my progress... Paperwork to the DOJ will b mailed Monday. I have not heard back from Mr. Davis yet.

If I have not called you back yet, please call me.

KulG23
06-21-2011, 11:50 AM
^playing phone tag... Email is best for me. Travis.Kula@gmail

donw
06-21-2011, 3:04 PM
that M-11 will probably end up in the police armory...:cuss:

KulG23
06-21-2011, 10:20 PM
^ I hope worse case is transfer to FFL so they can sell.