Gun confiscation

[Sharp Shooter]

Remember, the police are not your friend and they don't want to help you. You can try to communicate with them, but most likely they will not be helpful. You may get lucky, but don't expect too much, if any, help from the Police Department.

I don't know what your experience is with LEA's in SoCal but this is not the case with most rural counties in NorCal. EDCSO should be pretty good to deal with. So in the OP's case this is bad advise.

And I'd like to add; the police are not out to "get you". They are holding it as evidence as part of their job. (They are also not LAPD who DO seem out to "get us" and even have a "gun task force" for that purpose.) Be nice with them, they'll be nice with you, and that would ALSO be a strategy as part of the approach to getting this gun back with easier effort - pending the DA or City Attorney doesn't file charges and prosecute. It's funny how much gets done with a polite approach applied, when dealing with bureaucracies

^^^This.

[russ69]

Good to hear, but regardless, I would get the intra-family paperwork rolling anyway...

Given the additional facts, not a bad idea to at least try.

[alpha_romeo_XV]

My 2 cents on this. Sometimes you've got to look at the big picture. I’d be so dang glad no one got shot nor expensive property damaged or dad taken off to jail that getting that S&W back would not be a nagging priority for me. I’d say a bullet got dodged quite literally in this case.

If you asked him, did dad say he intended to pull the trigger when he did? Or did he have the gun at the ready but accidently went off? After all it was a double action revolver not a Glock with a round in the chamber. Is he in a bad neighborhood or rash of break-ins lately? It probably doesn’t seem fair to lose a valuable item but if he’s showing any paranoia or dementia or grievance with a neighbor I’d be more concerned if has any other firearms.

Do you or sister have a valid California FSC Firearm Safefy Card yet so that you would be able to take possession if/when that can be worked out?

[BrokerB]

Alpha...absolutely - that was my first thought..f that gun, that guy could of killed someone for his craptastic gun handling.

Incredibly fortunate no one was killed or hurt.

[Ron-Solo]

Good to hear, but regardless, I would get the intra-family paperwork rolling anyway, considering the situation (regardless of the police taking the gun) and as you said, it was meant to be yours and you're now an adult. Should they keep/destroy the gun, or do so due to the court deciding to have the gun destroyed as part of the plea agreement as SVT-40 suggested (very good point he made) then you're only out $19 bucks.

But should it be allowed for release, you'll be two jumps ahead, and honestly, it sounds like the gun should now be in your possession anyway.

And I'd like to add; the police are not out to "get you". They are holding it as evidence as part of their job. (They are also not LAPD who DO seem out to "get us" and even have a "gun task force" for that purpose.) Be nice with them, they'll be nice with you, and that would ALSO be a strategy as part of the approach to getting this gun back with easier effort - pending the DA or City Attorney doesn't file charges and prosecute. It's funny how much gets done with a polite approach applied, when dealing with bureaucracies

The CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS
Report of Operation of Law or Intra-Familial Handgun Transaction can be found HERE:


http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Good luck.

+1 on this. Get the intra-familial transfer done now so that if there is any chance of releasing the firearm you will be ready to take immediate possession.

Sorry guys, but I doubt that will work. Guns taken as "evidence" are entered into AFS (Automated Firearms System) which is where all DROS, OpLaw, and VolReg records are maintained. Guns entered as evidence are locked and no additional entries can be made until it is released from evidence status. DOJ will not process the OpLaw form, nor will they return the fees.

OP needs to wait until the DA makes a decision on possible charges.

[ordc]

Remember, the police are not your friend and they don't want to help you. You can try to communicate with them, but most likely they will not be helpful. You may get lucky, but don't expect too much, if any, help from the Police Department.

I second that.

My family and girlfriend are surprised how cops like me if I ever have to deal with them and still hate on them. It is because I know how they think. And quite frankly, I am one of the good guys and most likely also give that vibe off too.

But yes, they are not there to help you. They are *****holes to everyone!

My suggestion, if you live in the same jurisdiction as those cops who have the gun, let it go. Otherwise you may be labeled a pest and they can potentially harass you because you are causing them unnecessary trouble complaining about what is a cheap gun in their eyes.



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[Doheny]

Gun confiscation

I second that.

My family and girlfriend are surprised how cops like me if I ever have to deal with them and still hate on them. It is because I know how they think. And quite frankly, I am one of the good guys and most likely also give that vibe off too.

But yes, they are not there to help you. They are *****holes to everyone!

My suggestion, if you live in the same jurisdiction as those cops who have the gun, let it go. Otherwise you may be labeled a pest and they can potentially harass you because you are causing them unnecessary trouble complaining about what is a cheap gun in their eyes.



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You're flattering yourself by thinking the cops "like" you after you hate on them. They deal with people like you day in and day out.

Sorry dude, you're not fooling them. You're just another *****hole to them (your words.)

[ordc]

You're flattering yourself by thinking the cops "like" you after you hate on them. They deal with people like you day in and day out.

Sorry dude, you're not fooling them. You're just another *****hole to them (your words.)

You're a cop or closely related to one. . . . I know that much.



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[The Gleam]

Sorry guys, but I doubt that will work. Guns taken as "evidence" are entered into AFS (Automated Firearms System) which is where all DROS, OpLaw, and VolReg records are maintained. Guns entered as evidence are locked and no additional entries can be made until it is released from evidence status. DOJ will not process the OpLaw form, nor will they return the fees.

OP needs to wait until the DA makes a decision on possible charges.

You missed my subtle point; without me making assumptions about the O/P's father other than to say "....it sounds like the gun should now be in your possession anyway. "

And as I said, it's $19.00. It takes a while for the paperwork to go through. Start early. If it fails to coincide with release in the event no charges are filed, do it again later afterward. So, $38.00. I've spent 4 times that amount on lunch.

[BigPimping]

You will spend many times over in legal fees what the gun is worth as you try to get it back. Get a new one and let hat be a new heirloom.

[The Gleam]

You will spend many times over in legal fees what the gun is worth as you try to get it back. Get a new one and let hat be a new heirloom.

They will be spending legal fees just to keep his father out of jail; they won't be spending any "legal fees" many times over what the gun is worth to get the gun back, other than the LEGR (Law Enforcement Gun Release Application) if they are successful in the former, which is all of $20 bucks.

It's highly unlikely a new gun will be $20.00 or less.

Here - and form at link below:

The processing fee for a Law Enforcement Gun Release is $20.00 for the first firearm, and $3.00 for each additional firearm.

http://oag.ca.gov/sites/all/files/ag...forms/legr.pdf

If not successful on defending dad, then that has already been discussed in several posts above about possible approaches, which while not a sure thing, are better than no-thing.

[Ronin2]

I have a question regarding my dad's gun being taken away by the police. I am wondering if the family has any legal rights to obtain possession of the firearm or does it become the possession of the police? Nobody was injured by the gun. He was not arrested for anything either.

Any information is helpful!

Thank you

OP,

Sorry I had not noticed this thread before. I have been dealing with a serious illness and death in my family these last two weeks.

I am surprised no one else has suggested that you retain counsel. Please give these guys a call.. they may be able to help. They are the premier firearms law firm in the California at the moment.

http://michellawyers.com/practice-areas/firearms-law-group/

[TeddyBallgame]

I got in touch with the detective, as some of you mentioned, the gun is being held as evidence and the case has been sent to the DA. I can only wait and see if any charges are brought against him or dropped and they said they will contact me at that point. We will hope for the best and proceed after we know if we have some fighting to do.
Thank you again, I don't feel as lost anymore in this whole situation and you all have helped with that!!

would it be a bad idea to stay in contact with them, maybe even let it be known that you intend to try and regain possession of the firearm once the case is over?

that's just in case they forget to let you know if charges are being brought or not...you don't want the firearm accidentally destroyed

[SVT-40]

would it be a bad idea to stay in contact with them, maybe even let it be known that you intend to try and regain possession of the firearm once the case is over?

that's just in case they forget to let you know if charges are being brought or not...you don't want the firearm accidentally destroyed

It would be a great idea for him to stay in touch with the detective... Give him another call in a month if nothing is heard...

Repeat each month..

By law the cops cannot just destroy a firearm.

Besides it sounds like the OP has already let the detective know about his interest in the gun..

Time will tell.

[RickD427]

would it be a bad idea to stay in contact with them, maybe even let it be known that you intend to try and regain possession of the firearm once the case is over?

that's just in case they forget to let you know if charges are being brought or not...you don't want the firearm accidentally destroyed

It would be a great idea for him to stay in touch with the detective... Give him another call in a month if nothing is heard...

Repeat each month..

By law the cops cannot just destroy a firearm.

Besides it sounds like the OP has already let the detective know about his interest in the gun..

Time will tell.

In cases like this, PC section 34000 is the most commonly used source of legal standing to destroy a weapon. The key is where the weapon has been in the custody of law enforcement for 180 days without an effort of the owner to recover. Such weapons are considered as abandoned and normally destroyed. It's a wise move to make sure that your interest in recovering the weapon is well-documented, and that you repeat the process every 180 days.