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shark92651
04-28-2008, 12:39 PM
I have a friend that asked me for advice and I am not sure, so I though I would ask the minds here.

My friend got picked up on a DUI several months ago. Not only did he get the DUI but they got him for a concealed handgun in his glove box. The gun was unloaded, but was not his - it belongs to a friend of his from out of state that lent it to him and he brought it into the state about 2 years ago. Yes, bad situation all around and pretty stupid, but they dropped the gun charge and only convicted him of the DUI (of which he is paying a hefty price right now). He told me his lawyer told him he should just go pick the gun up from the PD. He asked me about how he should do this. What is the process for picking up this gun? Do they normally return guns confiscated from this type of situation - I mean it is not even his gun? Thanks in advance for any advice.

tyrist
04-28-2008, 12:45 PM
The owner has to claim it.

DedEye
04-28-2008, 12:45 PM
Tell him to get a lawyer.

Admiral Ackbar might say:

http://photo.gangus.com/d/26788-2/ackbar.jpg

E Pluribus Unum
04-28-2008, 12:45 PM
I have a friend that asked me for advice and I am not sure, so I though I would ask the minds here.

My friend got picked up on a DUI several months ago. Not only did he get the DUI but they got him for a concealed handgun in his glove box. The gun was unloaded, but was not his - it belongs to a friend of his from out of state that lent it to him and he brought it into the state about 2 years ago. Yes, bad situation all around and pretty stupid, but they dropped the gun charge and only convicted him of the DUI (of which he is paying a hefty price right now). He told me his lawyer told him he should just go pick the gun up from the PD. He asked me about how he should do this. What is the process for picking up this gun? Do they normally return guns confiscated from this type of situation - I mean it is not even his gun? Thanks in advance for any advice.

If he were convicted of the gun crime it would most likely be destroyed or used by the PD. Because the charges were dropped he can go re-claim his property. He will have to wait about 60 days for the DOJ background check but they should give it back after the background comes back.

Because it is not registered to him it opens a whole other can of worms. He should have declared the gun when he moved here from out of state. That and an interfamiliary transfer would be the only way to legally possess a gun that is not in the registry. (unless of course one owned it before registration was required).

Best thing to do is talk to the PD that has it.

hawk1
04-28-2008, 12:56 PM
The gun was unloaded, but was not his - it belongs to a friend of his from out of state that lent it to him and he brought it into the state about 2 years ago.

If it's not his as you say, then he has no right to claim it. California law allows for the "infrequent" lending but that is limited to 60 days without a DROS and HSC. I'm surprised they dropped the gun charges. Very lucky guy as they could have stacked quite a bit of charges on him because of it. He should have the registered owner come get it, if it's worth it.

RRangel
04-28-2008, 12:57 PM
He may need the LEGR paperwork.
http://www.calguns.net/calgunforum/showthread.php?t=29415&highlight=return+firearm+application

shark92651
04-28-2008, 1:04 PM
I'll send him the LEGR link...

The owner is in VA so I don't think he is going to be claiming it. I think I will just recommend he just drop the issue and count his blessings.

Riodog
04-28-2008, 1:24 PM
The gun has to be returned to the registered owner. Since it was in no way, shape, or form his fault that you broke the law and had his gun confiscated it should be returned. Have him file a claim and do the paperwork or whatever bs they want. IIRC, the law makes an exception for am LEO to actually put a handgun in the mail, or just have them UPS or Fed-X it to him. He'll have to foot the shipping charges.

Rio

tyrist
04-28-2008, 3:59 PM
Since the gun is not the suspects property it will only be destroyed after all reasonable efforts are made to return it to it's proper owner. Basically they will send the true owner a notice that he has so much time to claim the firearm and after that time frame it will be destroyed.

Yankee Clipper
04-28-2008, 4:42 PM
I'll send him the LEGR link...

The owner is in VA so I don't think he is going to be claiming it. I think I will just recommend he just drop the issue and count his blessings.

Along with the 'LEGR link' advise him to also determine the cost of a new handgun, of the same make and model purchased locally, and send the that amount to the VA friend.

jamesob
04-28-2008, 8:34 PM
he should just go to the p.d and try to pick it up. he was the one in possesion of it and i assume its not stolen so therefore he was the one who had constructive control. i don't think the pd really cares if its here in the state on loan to him, as long as he is not prohibited from having a firearm. when he got picked up they should have gave him a reciept for the gun thats all he should need. all they can say is "no".

Utha Schleigle
04-29-2008, 12:18 AM
Don't try to claim the gun - it might remind the LE's to look at this situation again and open a new case involving the pistol. He is in enough trouble. He should let this go and review his life choices.

IF gun is destroyed and they come back on him - his laywer (another $4,000) can demand to see the gun because of ?????? (serial # dispute) (need to see pistol because his methy girfiend always hid drugs in the mag or cylinder - then it could be her gun)

LET IT GO!!!!!!!

leelaw
04-29-2008, 12:25 AM
Don't try to claim the gun - it might remind the LE's to look at this situation again and open a new case involving the pistol. He is in enough trouble. He should let this go and review his life choices.
What? :confused:

The charges were dropped. As in "no more"

The owner can fill out a LEGR and get the pistol back. If the owner does not want to do that, then the pistol will go away forever. Simple as that.
IF gun is destroyed and they come back on him - his laywer (another $4,000) can demand to see the gun because of ?????? (serial # dispute) (need to see pistol because his methy girfiend always hid drugs in the mag or cylinder - then it could be her gun)

LET IT GO!!!!!!!

This makes no sense, so here's a picture of an invisible bunny with an invisible pancake on its head:





































.

Riodog
04-29-2008, 12:57 AM
Lee, is that a pink bunny or are my eyes playin tricks again?:D
Rio

jamesob
04-29-2008, 9:43 AM
Don't try to claim the gun - it might remind the LE's to look at this situation again and open a new case involving the pistol. He is in enough trouble. He should let this go and review his life choices.

IF gun is destroyed and they come back on him - his laywer (another $4,000) can demand to see the gun because of ?????? (serial # dispute) (need to see pistol because his methy girfiend always hid drugs in the mag or cylinder - then it could be her gun)

LET IT GO!!!!!!!
what??? the case was dropped and no firearm crime was committed.

bruss01
04-29-2008, 3:10 PM
what??? the case was dropped and no firearm crime was committed.

Here's the deal...

If you are tried and found innocent, even if you are blatantly proven guilty of the charged offense later, no legal consequences can result because of the double-jeapordy prohibition - you cannot be tried twice for the same crime. Home free.

If you commit a crime and no one finds out you are responsible until the statute of limitations runs out (assuming there is one, not all crimes "expire") then you cannot ever be charged with that crime. Again, you are home free.

HOWEVER.... charges can be dropped, but that does not mean that the DA gives up any and all right to charge you with the crime again at any given time, should the mood strike him. He can have the charges re-instated whenever he feels like it. There is nothing prohibiting him from doing so, unless there was a plea agreement of some sort (in writing) that specifically says he can't.

Don't mistake pretty words for an ironclad shield. More than one person, I'll warrant, has ended up behind bars after charges were supposedly "dropped". If this "friend" stirs up the pot and reminds the DA of this "gun crime" on a week where he wants to look tough on gun crime, he bloody well has the ability to re-instate the dropped charges.

E Pluribus Unum
04-29-2008, 3:32 PM
Here's the deal...

If you are tried and found innocent, even if you are blatantly proven guilty of the charged offense later, no legal consequences can result because of the double-jeapordy prohibition - you cannot be tried twice for the same crime. Home free.
There are many loopholes to double jeopardy.

One can be charged with attempted murder and if acquitted, later charged with murder if the person actually dies.

If one is charged with a crime, lies on the stand and is acquitted and is later found to be guilty, that guilty evidence is admissible in court in a prosecution for perjury.

If someone committed a crime and during the investigation, he lies to the police and is acquitted but later is found to be guilty he can be charged with impeding an investigation.

For serious crimes like murder one can be charged on the state level and if acquitted he can be charged on the federal level.

If one is found not guilty in a criminal proceeding, he can be sued in a civil court for damages (OJ Simpson).

These are just some exceptions I've thought of off the top of my head. I am sure there are many more.

hawk1
04-29-2008, 4:21 PM
what??? the case was dropped and no firearm crime was committed.

Yes, a crime was committed. Re-read his first thread.


but they got him for a concealed handgun in his glove box. The gun was unloaded, but was not his - it belongs to a friend of his from out of state that lent it to him and he brought it into the state about 2 years ago.

Yes the case was dropped as he said.

Mark in Eureka
04-29-2008, 4:45 PM
Try the easy way first. Have the true (out of state) owner request the return of his firearm at his home police department. Chances are if the Chief requests the return of a "missing" firearm so that he can return it to its rightfull owner, that it will be sent to his department as returned property.

jamesob
04-29-2008, 7:05 PM
they will not pick up this case period. the d.a will go for the sure deal the dui. if the da was going to go after the weapons violation he would have done it right then. that part was dropped. the main reason they will not pick up this is because it was not loaded. now if it was loaded you bet they would go after him in a heartbeat. the weapon charge is beatable and the da knows that and thats why he will not pick it up.

hawk1
04-29-2008, 7:13 PM
Care to enlighten us as to why and how you think the "the weapon charge is beatable and the da knows that and thats why he will not pick it up"

jamesob
04-29-2008, 7:47 PM
what im saying, if a person meets certain criteria pc 12027 allows specified individuals to posses a concealable firearm without a permit. now it would be a undertaking but with the right lawyer this section could get one off from this charge.

DSA_FAL
04-30-2008, 7:28 AM
what im saying, if a person meets certain criteria pc 12027 allows specified individuals to posses a concealable firearm without a permit. now it would be a undertaking but with the right lawyer this section could get one off from this charge.

So you're saying he's either active or retired LEO, AD military on duty, bank guard on duty, going to the shooting range or hunting while drunk? :rolleyes:
You have a really irresponsible friend.

motorhead
04-30-2008, 7:53 AM
unless dismissed with prejudice, case can be refiled.

shark92651
04-30-2008, 8:19 AM
Update - friend tells me he called the PD and they said to fill out the LEGR form, pay the $25 fee and come pick it up. We'll see what happens...

My advice to him was to just let it go and buy a used gun through PPT and follow the rules this time. If he does get it back I hope he just sends it back to his buddy. After what he went through I'm surprised he even wants to see that piece again. :rolleyes: