Need help getting my shotgun back...

[gemini05]

A few months ago, police came into my apartment to do a parole sweep on my older brother who lives with me. I'd just came back from hunting and left my shotgun by my bed, but it wasn't lock up in my safe so the cops took it. Now that my brother is lock up for the parole violation, the police are telling me that I can't get my shotgun back since it was used as evidence in a crime. I told them that the shotgun wasn't my brother, and that it was mine. The kept saying the same thing that it was evidence to a crime and therefore cannot be return to me. The only thing that was wrong during the parole sweep was that my shotgun was not lock up in my safe. I'm wondering if anyone can give me some advice on what to do, or been in a similar situation. Also is it true that you cant get your gun back if it was involved in a crime?

[ohsmily]

I'm wondering if anyone can give me some advice on what to do

Yeah, a lawyer.

It will probably cost more to get the gun back than the gun is worth.

I don't know the details of what occurred, but it sounds to me like you are making some really stupid decisions. If your brother is a prohibited person and you are leaving guns where he has access to them (again, I don't know the details) you should think twice so your brother doesn't get tossed back in jail in the future. Was he VOPed because of the shotgun or some other reason?

[hoffmang]

Your option short of getting a lawyer is to complete the LEGR form with DOJ and send it in to the Police who confiscated your firearm. You may want to find some proof that it belongs to you and not your brother if you can.

The form and instructions are here: http://ag.ca.gov/firearms/forms/pdf/legr.pdf

-Gene

[simonov]

The only thing that was wrong during the parole sweep was that my shotgun was not lock up in my safe.

There is no legal requirement that your firearms need to be locked in a safe.

I suspect the issue here is that there were guns in the home of a prohibited person. You and your brother should have known better.

As others have said, you may be able to get your shotgun back, but it will be cost-prohibitive. Better chalk this one up to experience.

[bruss01]

If you had made just one mistake, all would have been fine.

You could either:

Live with a parolee
OR
Leave your shotgun unlocked

BUT

by doing both of these, you put your gun in jail (as evidence) and your brother in jail (for violating his parole, i.e. having possession/access to a firearm).

Sorry, unless you catch a very sympathetic DA and Judge, your bro is going back in the slammer and your shotgun is gone baby gone.

Yeah, it sucks what a couple minutes of laziness/carelessness can result in. That shotgun should go from your hands to the safe without being set down in the house, because you have a parolee living there. When you are dealing with the law, you have to do things according to LEGAL sense, not COMMON sense. Yes, there's very little overlap between the two. But that's the way it is and I'm of the opinion that not even a GREAT lawyer is going to resolve this without consequence. My sympathies go out to you, but you have been the unwitting architect of your own problems, friend.

If you were going to live with your brother while he is on parole (I assume you are trying to "help him get back on his feet, get his life straightened out") then you had an obligation to know and DO what the law requires in order to keep him out of trouble. That was where you fell down, you neglected either the "know" part or the "do" part, and now his parole will be revoked. I'm sure you're sorry about this, but the law rarely accepts an apology. Hopefully your brother will be more forgiving than the legal system.

[Ironchef]

I wonder if it would have made any difference if the shotgun was locked up either? Would the LEO have authority to open an obvious gun safe to see if there's weapons in it given he had PC to sweep the house for parole violations?

Do you have separate bedrooms? If so, I wonder if guns in your room vs. his would make a difference with a non secured gun vs. secured?

But yeah, in the end, having a parolee in the home with guns doesn't sound smart.

[tgriffin]

I wont rehash it, but I agree with all of the above.

[jamesob]

did you talk to the p.o when your brother moved in? if you did he should have mentioned that all firearms will be locked at all times. now because the firearm was unlocked that means that he was able to get the gun therfore illegal on both yours and his part. now if the p.o did not tell you all this thats about your only defense. you will most likely will have to go to court and try and get your gun back. do like did when my bro-in law wanted to move in with me. i told him he was out of luck living with me and i will not be subject to searches. so find someone else to live with. but in a nice way. you can have guns where a parolee lives but they cannot have access to them.

[fairfaxjim]

Parolee w/shotgun (even yours) in his apt. = crime.
Shotgun in crime = evidence
Evidence shotgun = gone.

Get a grip man, this is CA, if you want to own guns, don't live with your loser brother, or you will end up end in trouble along the way too. If he can't get a life, at least hang on to yours.