Guns seized by LAPD/ DOJ return application

[38aht]

When guns are seized and taken into property is there any other way to get them back besides going through the DOJ return application process? There was no arrest made and no citations given. In the special instructions on the back of the property receipt it states that the firearms can be retrieved in 72 hours if they are not being held in evidence, which they are not. The penal code provided is 12028.5. The property detectives are saying that an app has to be put through DOJ. I cited the code on the back of the paperwork to them and they were clueless. They had to call someone to check. I don't want to send off an application and have to pay money to get back my property when I broke no laws. Does anyone have direct experience with this situation?

[Smokeybehr]

Why did they take the guns? 12028.5 has to do with taking all the guns from a DV scene for 48 hours.

In 12028.5, to get your guns back, you have to comply with 12021.3:

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.

[38aht]

Seems pretty impossible to get the guns back in a timely manner if you have to go through DOJ. If the LAPD can track the guns and they lead to me and I was not cited or arrested or anything then there is no DV. The receipt clearly states that in 48 to 72 hours I can get them back. It's been way over that just dealing with LAPD telling me I can and then can't get them. WTF?

BTW, thanks for the response and cross reference, that code you cited was a little hard to follow in places.

[RRangel]

There is LEGR paperwork you fill out. Law Enforcement Gun Release.

See this link:

http://www.calguns.net/calgunforum/showthread.php?t=29415&highlight=return+firearm+application

[SeanO]

Funny that this was brought up. I just sent my LEGR form in today to get a pistol that had been recovered by SDPD. Fill out form, send to DOJ BoF, wait for them to send "approval for release" back, make appointment to pick up gun and provide ID, etc... Luckily, I don't have to pay a fee since it was stolen 11 years ago and just showed up recently.

I wonder 2 things:

1: How long will DOJ BoF take in getting the paperwork back to me?

2: What condition the gun is in after being out of my hands for so long.

I can wait since it has been 11 years but... I imagine that it will not be in the best condition. (Was a like new Sig P229).

[G17GUY]

:kest::threadjacked::oops:Funny that this was brought up. I just sent my LEGR form in today to get a pistol that had been recovered by SDPD. Fill out form, send to DOJ BoF, wait for them to send "approval for release" back, make appointment to pick up gun and provide ID, etc... Luckily, I don't have to pay a fee since it was stolen 11 years ago and just showed up recently.

I wonder 2 things:

1: How long will DOJ BoF take in getting the paperwork back to me?

2: What condition the gun is in after being out of my hands for so long.

I can wait since it has been 11 years but... I imagine that it will not be in the best condition. (Was a like new Sig P229).

1. as long as they need.
2. impossible to know

http://www.calguns.net/calgunforum/showthread.php?t=81038&highlight=colt+blood

[5150Marcelo]

I had a gun taken from me by LASD back in 2002. With no charges filed, and only a disturbing the peace ticket given, is it too late to try to retrieve the gun? When this happened, I was told by Sheriff that I cant get it back, so I didnt persue it. Now reading this, Im starting to wonder.

[hoffmang]

LEGRs take about 21 days in my experience.

-Gene

[Bimmerworld]

Pretty much this same thing happened to me.

I'll save my comments for later as the situation is being worked on.

[G17GUY]

I had a gun taken from me by LASD back in 2002. With no charges filed, and only a disturbing the peace ticket given, is it too late to try to retrieve the gun? When this happened, I was told by Sheriff that I cant get it back, so I didnt persue it. Now reading this, Im starting to wonder.

sounds like you should have reported it stolen.

Do you have a copy of the ticket, a recipt for the gun purchased, the serial number of the gun, and a copy of the dros couldnt hurt.

http://www.trutanichmichel.com/

[5150Marcelo]

sounds like you should have reported it stolen.

Do you have a copy of the ticket, a recipt for the gun purchased, the serial number of the gun, and a copy of the dros couldnt hurt.

http://www.trutanichmichel.com/

I still have all that. Box with numbers and manuals, original receipts from when my cousin bought it from the shelf, PPT receipts from when I put it into my name, receipt from when LASD took it from me, DROS from PPT in MY name. Everything! Just wondering that since this happened on 2002, if its too late to do something about it.

[G17GUY]

I still have all that. Box with numbers and manuals, original receipts from when my cousin bought it from the shelf, PPT receipts from when I put it into my name, receipt from when LASD took it from me, DROS from PPT in MY name. Everything! Just wondering that since this happened on 2002, if its too late to do something about it.

Thats great, it shows you own it and purchased it.



If it was me I would fill out and send in the Gun release form and contact the sheriffs department to see it they still have the weapon and/or if the weapon was ever logged into the department.


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

[socalguns]

your gun probably doesn't exist anymore, but if he told you can't get it back, he lied, so you could sue

[G17GUY]

your gun probably doesn't exist anymore, but if he told you can't get it back, he lied, so you could sue


It does exist; it’s just in “someone’s” personal collection.

[socalguns]

Lets hope so , and lets hope its not one of those melted guns statues

[5150Marcelo]

From what my lawyer told me, the Judge is a gun collector. He said that it'll most likely go in his case... unless the gun was used in a crime/dirty, or a POS, then it would get melted down to rebar for use in concrete. How ironic, I pump concrete everyday and walk on miles of rebar and everyday I cant seem to wonder if my Desert Eagle is actually in some parking structure, slab on grade, or burried in concrete somewhere. :(

[G17GUY]

who is your lawyer?