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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 12-19-2011, 1:55 PM
agl1911 agl1911 is offline
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Default Statute on Filing charges?

Hi everyone, i have question regarding if a statute exists on filing charges against a person after firearm has been seized. I know someone who had a LEGAL firearm seized as part of an investigation against another party. If they wanted to turn around and file charges against the person who they took the firearm from how long do they have to file charges or is it indefinite?

I know there maybe some additional questions to fill in the blanks feel free to ask and I will try and get them to paint a clearer picture.
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Old 12-19-2011, 2:13 PM
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Smokeybehr Smokeybehr is offline
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It depends on the crime. It could be either 1, 3, 5, 7, 11 or none. For misdemeanors, it's 1 or 3 years, and for felonies, it's 3 years and up.

If it's your gun, you should be filing a LEGR to get them to turn it loose back to you. Unless the firearm is material evidence in the crime, they need to give it back.
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Old 12-19-2011, 3:17 PM
agl1911 agl1911 is offline
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I am not sure if there really is a crime that was committed, it sounds like there is some questions regarding the original owners method of getting the handgun into California. But the handgun was PPT'd 2 maybe 3 times before it ended up in my buddy's hand so that is 2-3 times it went through the DOJ for recording.

I will pass along the information of the LEGR, it's been well over a year with no news on the return of the handgun so maybe the form will help start the process of the return?

Quote:
Originally Posted by Smokeybehr View Post
It depends on the crime. It could be either 1, 3, 5, 7, 11 or none. For misdemeanors, it's 1 or 3 years, and for felonies, it's 3 years and up.

If it's your gun, you should be filing a LEGR to get them to turn it loose back to you. Unless the firearm is material evidence in the crime, they need to give it back.
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