Please help! DOJ won't give firearms back!

[71charger]

Several months ago officers from the DOJ came and seized all of my father's firearms and charged him with felony possession. A year ago he committed himself to a mental health facility because he was clinically depressed. We were unaware that he was no longer allowed to posses firearms, he was too out of it to understand all the paperwork they gave him and no one else read the forms.

After bailing him out, a week later the courts dropped the entire case and granted his firearms back on one condition; he must transfer or sell them to another party (me, his son). We sent the LEGR forms and his request was denied because of illegible serial number (firearm in question had no serial number because of age, it even states that on that DOJ seizure paperwork).

So, we sent them again and just got back another denial telling us he's not allowed to own the firearms. Well duh...I know that and in the forms it states that all firearms will be transferred to an FFL and then transferred to me. I'm worried that they are playing games and trying to draw this out for 180 days so they can destroy/sell all these firearms. All the firearms are CA legal.

I travel for work and need to get this resolved; I've already spent far too much time and money on this entire fiasco. The guns are incredibly valuable both monetarily and sentimentally, I am not going to lose them willingly and will get a lawyer if I have to. Any advice? Do I need a lawyer to get back my father's guns back?

TL;DR: Firearms were seized, DOJ won't give them back, what recourse do I have?

[P5Ret]

Hire an attorney ASAP. Don't try to do it on your own get legal representation.

[pluke the 2]

Are you guys from Clovis, CA?

[orangeusa]

And posting publicly is , in my opinion, none of our business, and not a good idea. Just trying to help.

[benjamac]

damn bro, good luck.

[readysetgo]

I hope your father got the help he needed and that you can resolve this satisfactorily.

The following is not directed at you OP, because it's info is too late for your specific circumstance, still good to know and PSA for others.


READ THIS:

Specifically:

X. What Should You Do?

A. Check Your Eligibility
If you have any doubt about your ability to possess firearms, links to California DOJ forms that can be used check your eligibility status and assign someone power of attorney to transfer your firearms on your behalf if you are prohibited, along with other articles on this topic, can be found at our website: CalGunLaws.com. I go into much more detail on who is prohibited from possessing firearms (and how to restore firearm rights) in my book, California Gun Laws, which can be ordered through www.CalGunLawsbook.com.

D. Remain SilentE. Hire a Lawyer

[71charger]

Are you guys from Clovis, CA?

No.

And posting publicly is , in my opinion, none of our business, and not a good idea. Just trying to help.

I understand that and debated for a while about even posting this. I don't see how it can make anything worse at this point, but who knows. I need advice and no one I know personally has ever dealt with anything like this.

Hire an attorney ASAP. Don't try to do it on your own get legal representation.

Is there any other way? Between my father's bail, legal fees, and time spent off work trying to figure this out I'm reluctant to throw any more money at this unnecessarily. My dad thinks we should fill out the forms again, make copies, get them notarized, keep a copy for our records and send the other certified mail to the DOJ. Is that even worth my time, or is it just going to keep running the clock on the six-month time limit? I will get a lawyer tomorrow if that's the best way to go.

damn bro, good luck.

Thank you, it's starting to look like I need it.

I hope your father got the help he needed and that you can resolve this satisfactorily.

The following is not directed at you OP, because it's info is too late for your specific circumstance, still good to know and PSA for others.

He did, and I hope I can end this without any more setbacks. Thank you for this info though, I hope it will help someone else. If we had been aware of this, the situation at hand never would have happened.

[Librarian]

In recent years, the elected leadership of the DOJ has chosen to make gun things as difficult as possible.

I really do recommend the lawyer.

[Quiet]

Hire a lawyer.

In this case... (owner being prohibited person)
LEGR only does not release the firearms.

1. Owner needs to grant power of attorney for firearms transfer to a third party. This is done by submitting a completed General Notice of Firearm Prohibition and Power of Attorney for Firearms Relinquishment, Sale, or Transfer for Storage (BOF 110).

2. The third party can then submit a Law Enforcement Gun Release Application (BOF 119) to CA DOJ BOF. CA DOJ will mail back a response, which can then be brought to the LE agency that has the firearms and the LE agency can relinquish possession of the firearms to the third party.

3. The third party then has 30 days to transfer all the firearms. Any firearms that are not transferred by the end of the 30 days, need to be returned to the LE agency for destruction.

[major burnout]

"Hire a lawyer to get your fathers property back from the government."

Thats the most stupid comment I have ever heard.

[baranski]

71Charger,

I hope the best for you and your father through this.

[six seven tango]

"Hire a lawyer to get your fathers property back from the government."

Thats the most stupid comment I have ever heard.

Unfortunately, that's what it's come down to in this liberal utopia formerly known as CA.

OP, as already mentioned, get a lawyer. That may be your only chance of preserving the firearms while you get this worked out with the gestapo DOJ.

[Mr. Beretta]

Hire a lawyer.

In this case... (owner being prohibited person)
LEGR only does not release the firearms.

1. Owner needs to grant power of attorney for firearms transfer to a third party. This is done by submitting a completed General Notice of Firearm Prohibition and Power of Attorney for Firearms Relinquishment, Sale, or Transfer for Storage (BOF 110).

2. The third party can then submit a Law Enforcement Gun Release Application (BOF 119) to CA DOJ BOF. CA DOJ will mail back a response, which can then be brought to the LE agency that has the firearms and the LE agency can relinquish possession of the firearms to the third party.

3. The third party then has 30 days to transfer all the firearms. Any firearms that are not transferred by the end of the 30 days, need to be returned to the LE agency for destruction.

Best advice !

OP....you mentioned in your original post, "The guns are incredibly valuable both monetarily and sentimentally"!

Spent $350 & speak with a firearms attorney. He or she with tell you what your rights & options are.

Talk to the attorney !!!!

[BoJackUSMC]

Lawyer up...

[LowThudd]

Good luck.