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View Full Version : Rifle stolen, has been recovered by CPD, what now?


realgreenfire
12-03-2012, 12:08 AM
a few weeks ago one of my rifles was stolen from my house in Chico, i filed a report and gave the reporting officer a copy of my DROS form with serial number for my stripped lower and all the info on the rifle. the rifle was recovered by Chico Police and i have been told by the Chico police department that it is in the hands of the DA of the case (Fel. 496(a)). what is required or should i do next to make sure my rifle doesn't turn into recycling or owned by the police department? what paperwork do i need to acquire? whats my next move in this case?

readysetgo
12-03-2012, 12:20 AM
LEGR, law enforcement gun release.

http://ag.ca.gov/firearms/forms/pdf/legr.pdf

What's next might depend on if the rifle was used in a crime subsequent to being stolen. If so they may hold it as evidence which might delay you retaking possession.

In any case eventually you'll need to send in the form I linked. Fee waived as a victim of crime.

realgreenfire
12-03-2012, 12:39 AM
okay, thank you very much!

realgreenfire
12-03-2012, 12:41 AM
question: i take it i should send this in ASAP?? or is it best to wait for the case to close?

Ed_Hazard
12-03-2012, 12:44 AM
question: i take it i should send this in ASAP?? or is it best to wait for the case to close?

Send it in ASAP, this way your property is preserved, not turned into rebar.

realgreenfire
12-03-2012, 12:53 AM
i was told by the detective that handed the case over to the DA that my rifle was in the possession of the DA, but upon search for the address i have come up with 3... and i don't know how to find the specific location as to where my rifle is..

realgreenfire
12-03-2012, 12:54 AM
Never mind... missed a link in one of the pages and looked up public record for the case to cross reference

readysetgo
12-03-2012, 12:57 AM
question: i take it i should send this in ASAP?? or is it best to wait for the case to close?

You need more info. Talk to PD, maybe talk to the DA they referenced. It probably won't hurt to send it ASAP (since you don't pay the fee) but keep in mind it's only valid for 30 days, so if PD/DA hold it past that you'll have to re apply.

readysetgo
12-03-2012, 1:01 AM
Send it in ASAP, this way your property is preserved, not turned into rebar.

They're not going to scrap the gun. How is the LEGR "preserving" anything anyway? LEGR is just a check by DOJ that you're not prohibited. Getting your property back should be through PD. I don't know exactly what code to cite but pretty sure they have to give notice. Also if you read the instructions on the LEGR they warn about getting property within 180 after "notice" otherwise possible rebar/new department acquisition ;)

realgreenfire
12-03-2012, 1:02 AM
thanks again for all the help, i think your right.. its time to sit on hold for a while tomorrow and get this all figured out

NeoGeo630
12-03-2012, 6:10 AM
My buddy had his pistol stolen out of his house years ago. 4 years later, he gets a call from the ATF saying they found it in a drug lab. They had to keep it one year for evidence and then he would get it back. He didn't have to do anything, no special paperwork in order to have it returned.

buster1960
12-03-2012, 6:35 AM
My brother had an AR15 stolen about 25 years ago. 5 years later it was recovered in a drug raid. It had been converted to full auto. It had to be shipped by LAPD back to Colt for re conversion to semi auto. That took about 1 year. He called LAPD and was told to come down and identify the gun and then it would be "test fired" by them before he could pick it up and they would call when it was ready. 6 months later he called them again and was told to come down and fill out some paper work to start the 10 day wait. Went to pick up gun 2 weeks later to find that the LAPD had used it for 6 months as a "training weapon". It was nearly unshootable! Almost no rifling left, cracked frame, no sights. They nearly destroyed it.

Darklyte27
12-03-2012, 7:09 AM
Yikes

readysetgo
12-03-2012, 7:52 AM
My brother had an AR15 stolen about 25 years ago. 5 years later it was recovered in a drug raid. It had been converted to full auto. It had to be shipped by LAPD back to Colt for re conversion to semi auto. That took about 1 year. He called LAPD and was told to come down and identify the gun and then it would be "test fired" by them before he could pick it up and they would call when it was ready. 6 months later he called them again and was told to come down and fill out some paper work to start the 10 day wait. Went to pick up gun 2 weeks later to find that the LAPD had used it for 6 months as a "training weapon". It was nearly unshootable! Almost no rifling left, cracked frame, no sights. They nearly destroyed it.

Huh? The gun was in criminal hands, with modifications made for 20 + years and you blame all the damage on the PD? Or are you saying he inspected and it was "pristine" then six months later it was shot out? Story is suspect all the way.

buster1960
12-03-2012, 8:03 AM
Huh? The gun was in criminal hands, with modifications made for 20 + years and you blame all the damage on the PD? Or are you saying he inspected and it was "pristine" then six months later it was shot out? Story is suspect all the way.

Please reread the post!!! The gun was in the hands of the thugs for 5 years not 20. When the gun was returned by colt, to the LAPD, it was in near new condition at a cost of nearly $600 to my brother.

thomashoward
12-03-2012, 8:11 AM
You need more info. Talk to PD, maybe talk to the DA they referenced. It probably won't hurt to send it ASAP (since you don't pay the fee) but keep in mind it's only valid for 30 days, so if PD/DA hold it past that you'll have to re apply.

Better yet have an attorney send it with an attached letter. These things have a tendency to disappear unless a spotlight is on it.

A dumb neighbor was busted for selling guns at his garage sale,and they vanished after being impounded. Fortunately someone was wearing a wire when they were inventoried.Presented with this information, the agency returned all but one that was never found.
His wife never got her jewelry back.
Dummy got his FFL finally, and is selling at gun shows now

hawk1
12-03-2012, 8:15 AM
Huh? The gun was in criminal hands, with modifications made for 20 + years and you blame all the damage on the PD? Or are you saying he inspected and it was "pristine" then six months later it was shot out? Story is suspect all the way.

This is the only part I see as suspect;

It had to be shipped by LAPD back to Colt for re conversion to semi auto.

It had to be shipped? No, LAPD would had just melted it.

Why in the world would LAPD ask for it to be re-converted to semi?

Curtis
12-03-2012, 9:24 AM
You need to find out how has your gun. Once the property clerk knows you want the gun back, it will be okay (unless there is history with Chico not returning guns).

The DA will need to sign off on the release of the gun. At that point you will need to file for the LEGR. It may take time to get the LEGR because they fall to the back of the line (behind new gun purchases). I found talking nice with the DOJ helped the process. They want to help victims get their guns back.

Keep in mind that some people involved in the process won't know gun laws. I was given a lot of wrong information. Be polite and know the law.

Goody luck!!

Scott Connors
12-03-2012, 9:49 AM
This is the only part I see as suspect;



It had to be shipped? No, LAPD would had just melted it.

Why in the world would LAPD ask for it to be re-converted to semi?

Seriously, this smells. Besides, BATF has a policy "once a machine gun, always a machine gun," so if it were illegally converted it would have become contraband.

When you go to pick up your rifle, I would make sure that it is in a Cali legal configuration, ie make sure that the bad guys didn't remove the bullet button or restore prohibited features, before accepting it. I wouldn't put it past the police not to arrest you for possession of an AW.

corcoraj2002
12-03-2012, 10:08 AM
Please reread the post!!! The gun was in the hands of the thugs for 5 years not 20. When the gun was returned by colt, to the LAPD, it was in near new condition at a cost of nearly $600 to my brother.

You have added info here that clarifies your previous post, no mention of condition or money spent.

So no need for the reminder to re-read your post.

Psykoasn
12-03-2012, 10:25 AM
Seriously, this smells. Besides, BATF has a policy "once a machine gun, always a machine gun," so if it were illegally converted it would have become contraband.


was that the same policy 20 years ago?

realgreenfire
12-03-2012, 10:38 AM
My rifle hit news big time up here when it was recovered.. the recovery involved the Chico swat team and a stand off with an empty house for 8 hours plus.. it would be hard for them to let this slip through the cracks I would think. But the DA up here has been known to try and keep stuff (I have been told by word of mouth)..

Tripper
12-03-2012, 10:44 AM
Find out what court it goes to and send a letter to the judge requesting he 'order' the firearm be returned to the owner, naming you as the owner
Then the DA would be hard pressed to find a reason not to do so

realgreenfire
12-03-2012, 10:51 AM
How would I go about naming myself as the owner? Would I attach a copy of the dros and all the recieprs for parts in my upper to do so? Or am I missing something?

realgreenfire
12-03-2012, 10:51 AM
How would I go about naming myself as the owner? Would I attach a copy of the dros and all the recieprs for parts in my upper to do so? Or am I missing something?

realgreenfire
12-03-2012, 10:51 AM
How would I go about naming myself as the owner? Would I attach a copy of the dros and all the recieprs for parts in my upper to do so? Or am I missing something?

randian
12-03-2012, 11:06 AM
Why in the world would LAPD ask for it to be re-converted to semi?
LAPD wouldn't, but the owner would. The problem is that the owner couldn't legally take possession as is, so they asked LAPD to ship the weapon to Colt for a refit. That's my take on it.

readysetgo
12-03-2012, 12:26 PM
Please reread the post!!! The gun was in the hands of the thugs for 5 years not 20. When the gun was returned by colt, to the LAPD, it was in near new condition at a cost of nearly $600 to my brother.

You have added info here that clarifies your previous post, no mention of condition or money spent.

So no need for the reminder to re-read your post.

Yeah I misread the timeline portion. I see what you're saying, the gun was inspected at some point and six months after was trashed, under PD possesion during that time. Sometimes fact is stranger than fiction! Wasn't calling you a liar or anything. :thumbsup:

Ron-Solo
12-03-2012, 3:21 PM
My brother had an AR15 stolen about 25 years ago. 5 years later it was recovered in a drug raid. It had been converted to full auto. It had to be shipped by LAPD back to Colt for re conversion to semi auto. That took about 1 year. He called LAPD and was told to come down and identify the gun and then it would be "test fired" by them before he could pick it up and they would call when it was ready. 6 months later he called them again and was told to come down and fill out some paper work to start the 10 day wait. Went to pick up gun 2 weeks later to find that the LAPD had used it for 6 months as a "training weapon". It was nearly unshootable! Almost no rifling left, cracked frame, no sights. They nearly destroyed it.

Meh, this whole story is suspect. I gotta call B.S. on this one.

To the OP: Hold off on the LEGR, it has an expiration date. In the meantime, send a registered letter to the detective handling the case, and the prosecuting attorney indicating that it is your intention to reclaim your property as soon as it is no longer needed in the criminal prosecution. This puts them on notice that you are not waiving your rights to your property. Don't bother sending a letter to the judge/court at this time. The court does not have any jurisdiction over the matter until it is admitted as evidence in the case.

While waiting, gather any documentation you have showing ownership. Periodically make contact with the detective to keep track of the status of the case and asking him/her if there is anything you can do to assist in the prosecution of the case.

Once the case is coming to a close, submit the LEGR and inform the detective or Deputy D.A. know you have submitted the form to get your stuff back

greg36f
12-03-2012, 4:27 PM
Meh, this whole story is suspect. I gotta call B.S. on this one.

To the OP: Hold off on the LEGR, it has an expiration date. In the meantime, send a registered letter to the detective handling the case, and the prosecuting attorney indicating that it is your intention to reclaim your property as soon as it is no longer needed in the criminal prosecution. This puts them on notice that you are not waiving your rights to your property. Don't bother sending a letter to the judge/court at this time. The court does not have any jurisdiction over the matter until it is admitted as evidence in the case.

While waiting, gather any documentation you have showing ownership. Periodically make contact with the detective to keep track of the status of the case and asking him/her if there is anything you can do to assist in the prosecution of the case.

Once the case is coming to a close, submit the LEGR and inform the detective or Deputy D.A. know you have submitted the form to get your stuff back


This is good info. I would add that the gun is probably still in the "custody" of the PD. Most DA's (at least in my area) don't like to take possession of evidence unless they have to. The Detective probably meant that the case is in the hands of the DA and the DA now decides if the gun is still needed for evidence.

The meaning behind this info is that you should send a letter to the PD every time you send a letter to the DA, possibly even address the letter to the chief or / and the property room. Stamps and paper are cheap.

realgreenfire
12-03-2012, 4:48 PM
stamps and paper are most certainly less than the cost of the rifle Thank you all for your input on this, the case is still in preliminary so i'm sure that it will still need to be reviewed as evidence to the case. time to clear the agenda for tomorrow and start writing letters :)

greg36f
12-03-2012, 4:52 PM
stamps and paper are most certainly less than the cost of the rifle Thank you all for your input on this, the case is still in preliminary so i'm sure that it will still need to be reviewed as evidence to the case. time to clear the agenda for tomorrow and start writing letters :)

If you send a letter to the property room, they will most likely toss a copy into the file pertaining to this item. I would do that at least once. MOST evidence has to be cleared through the property room before disposal.

myk
12-03-2012, 5:09 PM
a few weeks ago one of my rifles was stolen from my house in Chico, i filed a report and gave the reporting officer a copy of my DROS form with serial number for my stripped lower and all the info on the rifle. the rifle was recovered by Chico Police and i have been told by the Chico police department that it is in the hands of the DA of the case (Fel. 496(a)). what is required or should i do next to make sure my rifle doesn't turn into recycling or owned by the police department? what paperwork do i need to acquire? whats my next move in this case?

This is awful. Was the rifle in a safe?

Scott Connors
12-03-2012, 6:16 PM
was that the same policy 20 years ago?

It's been that way since GC of '68 passed. THis is why they won't release M14 rifles to CMP even if the full auto notch is welded up. (Well, it's one of the reasons....)

realgreenfire
12-03-2012, 10:27 PM
This is awful. Was the rifle in a safe?

In order to answer your question I have a few questions:
first, do you know how long it takes to saw through a safe? There was a thread about it on here just a few days ago.. they don't take very long at all.
second, where in my post did I ask "if a safe would have change the fact that my rifle was stolen"? I believe that your question carried no relevance to the topic of this thread what so ever.

And now that that all is out of the way, no this rifle was not in a safe, my land lords had it in the lease that they were not allowed due to people bolting them down and the sheer weight that some of them have causing damage.

If you have real knowledge to HELP in this situation than please, I'm all ears. But if you would like to stray off topic for your own enjoyment than pleasfind another thread to do so on. Thanks

ScottB
12-03-2012, 10:41 PM
I had two rifles stolen a year and half ago, recovered by ATF in a raid about a month later and I am still trying to get them back. I am about ready to hire a lawyer. Every time I call ATF I get the runaround.

Its my property. I was the crime victim and I'm entitled to the return of my property. If they were vehicles I would have had them back within days.

realgreenfire
12-03-2012, 11:19 PM
That sucks big time.. I'm really glad that I'm only dealing with local agencies at this point. Art can be a real pain in the butt .. good luck to you on your journey to regain control over your property