Gun confiscation

[Pearl78]

As it states, I am a junior member, I signed up yesterday to ask this question. I am not privy to how this forum is run or "troll" and what that even means. Did you really think my reply was nasty? I felt kind of attacked for not giving my dad's life story on the first go around. I wasn't even sure if anyone would respond. I was looking to start a conversation and maybe get some USEFUL information that could be helpful. Your response is exactly what I am referring to. No helpful information, just yet again pointing out numerous times how little information I provided in the original post.

Rather than pay for a lawyer, I figured I would put the question out there and see if someone had information. I cannot afford to spend thousands of dollars for a gun that is worth a couple hundred.

I don't think he should have the gun. He has three adult children, that do not live with him, that are able to keep the gun in the family. Not to give it back to him.

[P5Ret]

I think you may need to add, that he hasn't been arrested yet. Given what you posted about discharging the weapon, there is a strong possibility that a report of the incident was forwarded to the DA's office for review and possible charges for 246 PC or a subsection. Without all of the surrounding facts it is difficult to say if there is potential charges or not.

[wpage]

Pearl78 get a permit if you don't already have one for that gun and go to the police to get it back. You may have to appear in court to get it.

[Dano3467]

N/D, police do it all the time, you shouldn't have serious problems getting back, unless their is something else.

[glockman19]

El Dorado County, the gun was discharged in his apartment, lodged into adjacent building wall. no injuries, no 5150. not a felon. he thought he had an intruder breaking into his apartment. I am not trying to get the gun back for him. I can totally understand there being reasonable doubt that he should have it. The gun was my deceased grandfathers and we would like for it to stay in the family and not become scrap metal. Does the family have any legal rights to the gun or is it gone for good?
If you're going to be nasty and not offer an environment to have an ongoing comfortable discussion, then just keep on scrolling by. This is my first time in this situation, this is my first time on this forum and kindness goes a long way. Let's try to simmer down a bit!!

[Pearl78]

I am trying to get ahold of the detective but, he hasn't returned my calls. As far as I know he doesn't have any pending charges. However, I haven't confirmed so you bring up a very good point and I will be asking the detective when I can get ahold of him.
Thank you for your response.

[SVT-40]

The gun was seized as evidence... The alleged crime probably negligent discharge, or some other issue based on what the exact circumstances of the incident with your Father...

Typically the district attorney or city attorney will review the reports, and make a decision whether to actually charge your father with a crime.

This could take some time, so hoping for a swift resolution is probably useless...

If the DA does decide to file charges, a warrant will be issued for his arrest... Usually the court sends out warrant notices, so people can surrender themselves at court and not face arrest....

Have your father call the PD or Sheriff's office from which the officers who seized the gun are from... Have him get in touch with the detective responsible for such incidents (I'm sure your father has the case number)...That detective can relate the progress of the case...

The gun will only be available for release after ALL court issues are resolved, and still may not get it back, as it may have been used in the commission of a crime.

That issue will be decided by the judge.

Your Father should consult with an attorney regarding his criminal exposure...

[P5Ret]

I am trying to get ahold of the detective but, he hasn't returned my calls. As far as I know he doesn't have any pending charges. However, I haven't confirmed so you bring up a very good point and I will be asking the detective when I can get ahold of him.
Thank you for your response.

If there is a detective involved that implies that an investigation is going on or will be. He or she will not give you any information regarding the case. At this point as much as I hate to say it just sit back and see what happens, if there are charges the gun will be evidence, if not your father has to transfer it to you for you to gain possession, the police are not just going to give it to you, without a transfer to you.

[The Gleam]

I am trying to get ahold of the detective but, he hasn't returned my calls. As far as I know he doesn't have any pending charges. However, I haven't confirmed so you bring up a very good point and I will be asking the detective when I can get ahold of him.
Thank you for your response.

A father or grandfather can give their gun to their children, adult or otherwise. There is a DOJ tansfer form for that, which you can download, complete, and mail to the state. You do NOT need to do this as a PPT through an FFL.

Complete that, get a letter confirming the gift of the gun to you from your father (as if it were a "bill-of-sale" even as a gift) making it your property, and go file with the police department holding it that you want your property returned to you. In that case, you'll likely need to fill out the LEGR, etc.

Your father was not a prohibited person when the gun was confiscated from him, so there would be no issues there. The police department would be in possession of YOUR gun, and you want it back; there is no prohibition against you, so it should be returned to you when you file for return of your property.

This should be no different than if your father was pulled over for a DUI while driving your car. They tow the car, impound it, but you go to get it back since it is your car. So can be said should he have then sold the car to you while it was in impound.

A gun should be treated no differently. There may be a variations of the processes, a different method, and hiccups to what I'm suggesting above, but I'm willing to bet that after all is said and done and you learn the exact application, it will be properly back in your hands.

As it sounds, your father promised to pass this gun on to you when you were still a young kid, no different than his father passed it on to him. It's your gun, go pursue getting it back, but you're going to need documentation to validate that factor.

[glockman19]

A father or grandfather can give their gun to their children, adult or otherwise. There is a DOJ tansfer form for that, which you can download, complete, and mail to the state. You do NOT need to do this as a PPT through an FFL.

Complete that, get a letter confirming the gift of the gun to you from your father (as if it were a "bill-of-sale" even as a gift) making it your property, and go file with the police department holding it that you want your property returned to you. In that case, you'll likely need to fill out the LEGR, etc.

Your father was not a prohibited person when the gun was confiscated from him, so there would be no issues there. The police department would be in possession of YOUR gun, and you want it back; there is no prohibition against you, so it should be returned to you when you file for return of your property.

This should be no different than if your father was pulled over for a DUI while driving your car. They tow the car, impound it, but you go to get it back since it is your car. So can be said should he have then sold the car to you while it was in impound.

A gun should be treated no differently. There may be a variations of the processes, a different method, and hiccups to what I'm suggesting above, but I'm willing to bet that after all is said and done and you learn the exact application, it will be properly back in your hands.

As it sounds, your father promised to pass this gun on to you when you were still a young kid, no different than his father passed it on to him. It's your gun, go pursue getting it back, but you're going to need documentation to validate that factor.

good advice

[The Gleam]

good advice

Now if they require holding it as evidence, that's another matter, but at least this would slate that the gun is the O/P's and is not to be destroyed, even if it can't be returned to his father (yet? - that's if his father is being investigated or charged).

So while it might have to remain in the police dept's coffers due to the indicent, at least the O/P would have already initiated the proper backup to take claim of the gun.

And as SVT-40 said, yeah, a lawyer may need to be involved, unfortunately, for both the father and O/P's sake.

[Pearl78]

Thank you so much!

A father or grandfather can give their gun to their children, adult or otherwise. There is a DOJ tansfer form for that, which you can download, complete, and mail to the state. You do NOT need to do this as a PPT through an FFL.

Complete that, get a letter confirming the gift of the gun to you from your father (as if it were a "bill-of-sale" even as a gift) making it your property, and go file with the police department holding it that you want your property returned to you. In that case, you'll likely need to fill out the LEGR, etc.

Your father was not a prohibited person when the gun was confiscated from him, so there would be no issues there. The police department would be in possession of YOUR gun, and you want it back; there is no prohibition against you, so it should be returned to you when you file for return of your property.

This should be no different than if your father was pulled over for a DUI while driving your car. They tow the car, impound it, but you go to get it back since it is your car. So can be said should he have then sold the car to you while it was in impound.

A gun should be treated no differently. There may be a variations of the processes, a different method, and hiccups to what I'm suggesting above, but I'm willing to bet that after all is said and done and you learn the exact application, it will be properly back in your hands.

As it sounds, your father promised to pass this gun on to you when you were still a young kid, no different than his father passed it on to him. It's your gun, go pursue getting it back, but you're going to need documentation to validate that factor.

[russ69]

...I cannot afford to spend thousands of dollars for a gun that is worth a couple hundred...

Boy, there is a lot a bad advice in this thread. OP, you have answered your own question without knowing it. The gun belongs to your father, nobody else has any legal right to it. He may or may not be able to get it returned to him depending on the outcome/circumstances of the case.
Personally, I would just forget about it and move on. Go buy yourself a nice gun and let that become your family heirloom.

[SVT-40]

Now if they require holding it as evidence, that's another matter, but at least this would slate that the gun is the O/P's and is not to be destroyed, even if it can't be returned to his father (yet? - that's if his father is being investigated or charged).

So while it might have to remain in the police dept's coffers due to the indicent, at least the O/P would have already initiated the proper backup to take claim of the gun.

Don't think that is going to fly... The gun was owned and used by the Father at the time of the incident... Thats all that matters.

Transferring it after that time would not keep the gun from being destroyed if charges are filed and the court decides to have the gun destroyed as part of the plea agreement.

Even if the son owned the gun prior to the incident, and had legally loaned it to dad, it would probably still be destroyed if it was used in a crime...

Guns used in crimes of any type are generally not returned....

Far Far to much liability if the gun was to be used in another crime ....

[glockman19]

Now if they require holding it as evidence, that's another matter, but at least this would slate that the gun is the O/P's and is not to be destroyed, even if it can't be returned to his father (yet? - that's if his father is being investigated or charged).

So while it might have to remain in the police dept's coffers due to the indicent, at least the O/P would have already initiated the proper backup to take claim of the gun.

And as SVT-40 said, yeah, a lawyer may need to be involved, unfortunately, for both the father and O/P's sake.

Agreed.