Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > THE CALGUNS COMMUNITY > CGSSA Northern California Chapters > San Jose Chapter
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 04-11-2017, 9:06 AM
dyerlb@comcast.net dyerlb@comcast.net is offline
Junior Member
 
Join Date: Apr 2017
Posts: 2
iTrader: 0 / 0%
Default Getting unregistered confiscated shotguns back from sjpd

I have two shotguns and a pistol that were confiscated from me during a domestic violence incident back on 12/20/15. Now that the charges were dismissed I have received the LEGR'S from the doj but sjpd is giving me static about the two shotguns not being registered.
My letters from doj say that a court or LEA may return such firearm to a person who demonstrates that the firearm was transferred to him or her in a manner that was lawful, but was not required pursuant to penal code sections 28150 through 28180 to be recorded in the department's records.
Now the handgun is registered to me but my two shotguns are not registered. One is a Belgium Browning light with serial #L248 that was given to me 40 years ago by my late grandfather, and the other shotgun is a Remington 1100 that I purchased in the 80's before they were required to be registered.
Now the letter/receipt that I got from sjpd says "Our records have identified you as the owner of property currently in the possession of the San Jose police department."
How can I get them to release my guns to me without having to register them and get new releases from the doj?
Reply With Quote
  #2  
Old 04-11-2017, 9:21 AM
Bainter1212's Avatar
Bainter1212 Bainter1212 is offline
Calguns Addict
 
Join Date: Feb 2013
Posts: 5,360
iTrader: 76 / 100%
Default

If you have LEGRs from the DOJ then they ARE registered. DOJ will not issue a LEGR for a firearm that is not registered to you. Initiating the LEGR process may have registered them in your name as part of the process (but I didn't think that is how it works...).
Nevertheless, a LEGR form with the specific firearms listed as belonging to you is all you need to get them back from LE.

If they still won't release them.....you need to contact an attorney. Some LE agencies are really evil when it comes to releasing guns.....many will disobey state law on the matter because they know the state DOJ will do exactly nothing about it, leaving enforcement up to you and the court system.

Good luck
Reply With Quote
  #3  
Old 04-11-2017, 9:22 AM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 11,419
iTrader: 130 / 100%
Default

This should have been posted in 'How CA Laws apply to/effect me'

Also see these threads https://www.google.com/search?q=legr...ww.calguns.net
__________________
.



"Texans always move them!"
General Robert E. Lee, May 6, 1864 - Battle of the Wilderness
Reply With Quote
  #4  
Old 04-11-2017, 9:33 AM
BagelBites's Avatar
BagelBites BagelBites is offline
Member
 
Join Date: Mar 2016
Posts: 254
iTrader: 7 / 100%
Default

Quote:
Originally Posted by Bainter1212 View Post
If you have LEGRs from the DOJ then they ARE registered. DOJ will not issue a LEGR for a firearm that is not registered to you. Initiating the LEGR process may have registered them in your name as part of the process (but I didn't think that is how it works...).
Nevertheless, a LEGR form with the specific firearms listed as belonging to you is all you need to get them back from LE.

If they still won't release them.....you need to contact an attorney. Some LE agencies are really evil when it comes to releasing guns.....many will disobey state law on the matter because they know the state DOJ will do exactly nothing about it, leaving enforcement up to you and the court system.

Good luck
This is incorrect. DOJ's LEGR letters will be provided regardless of registration. As a matter of fact, there are (3) boxes on the LEGR letter, one of which will be checked off by hand: Not reg'd to anyone, reg'd to someone else, or reg'd to this individual. Also, see below about AFS status (registration).

PC 33855. No law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless the following requirements are satisfied:

(a) The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess firearms.

(b) If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.

(c) If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.

(d) Nothing in this section shall prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
Reply With Quote
  #5  
Old 04-11-2017, 9:47 AM
BagelBites's Avatar
BagelBites BagelBites is offline
Member
 
Join Date: Mar 2016
Posts: 254
iTrader: 7 / 100%
Default

Anyway, my advice would be to try to talk SJPD into returning the firearms to you without the AFS registration. Some agencies do. If they won't, you'll have to submit a Firearm Ownership Report and a new LEGR. Recommended to submit them in the same envelope. You can find both forms here: https://oag.ca.gov/firearms/forms

Or you can save some time and submit both applications through the website, here: https://cfars.doj.ca.gov/login.do

Good luck.
Reply With Quote
  #6  
Old 04-11-2017, 11:10 AM
dyerlb@comcast.net dyerlb@comcast.net is offline
Junior Member
 
Join Date: Apr 2017
Posts: 2
iTrader: 0 / 0%
Default

There is no law that says I have to register any unregistered firearms. They are just giving me the runaround, when I called back at 10:00 they told me the only officer on duty went to court and is typically gone for 2 hours and the property warehouse closes at 12.
Reply With Quote
  #7  
Old 04-11-2017, 11:14 AM
BagelBites's Avatar
BagelBites BagelBites is offline
Member
 
Join Date: Mar 2016
Posts: 254
iTrader: 7 / 100%
Default

Quote:
Originally Posted by dyerlb@comcast.net View Post
There is no law that says I have to register any unregistered firearms. They are just giving me the runaround, when I called back at 10:00 they told me the only officer on duty went to court and is typically gone for 2 hours and the property warehouse closes at 12.
Well, I actually quoted the penal code above, which says that you must show as the owner in the Automated Firearms System (aka, the gun needs to be registered to you).

Again, some agencies aren't familiar with, or don't comply with this PC section, but yes, there is a law that says it must be registered to you in order to return to you.
Reply With Quote
  #8  
Old 04-11-2017, 11:23 AM
Bainter1212's Avatar
Bainter1212 Bainter1212 is offline
Calguns Addict
 
Join Date: Feb 2013
Posts: 5,360
iTrader: 76 / 100%
Default

Quote:
Originally Posted by BagelBites View Post
Well, I actually quoted the penal code above, which says that you must show as the owner in the Automated Firearms System (aka, the gun needs to be registered to you).

Again, some agencies aren't familiar with, or don't comply with this PC section, but yes, there is a law that says it must be registered to you in order to return to you.
See, that's what I thought as well.....I assumed OP would have submitted a volreg form along with the LEGR. I was under the impression that he would have had to....I had to get a LEGR a couple of years ago and I don't remember any optional boxes that could be checked pertaining to ownership by anybody but the person requesting the LEGR.
Reply With Quote
  #9  
Old 04-11-2017, 12:16 PM
97F1504RAD's Avatar
97F1504RAD 97F1504RAD is online now
Calguns Addict
 
Join Date: Dec 2008
Location: Nor Cal-East Bay Area
Posts: 5,911
iTrader: 77 / 100%
Default

Did they release the handgun already and if yes did you ask them what was needed for other guns to be released? What did they tell you?

EDIT: So I spoke with my son he works for SJPD and he is saying that you will most likely need to get a lawyer to get them to release said guns.

Last edited by 97F1504RAD; 04-11-2017 at 12:32 PM..
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 10:13 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.