CHP siezed firearms. Need help!

[180ls1]

My dad was involved in a vehicle accident while driving home from hunting in SLO. While he went to the hospital CHP seized the firearms while his truck was towed. The SLO office keeps trying to have my dad go through fingerprinting and background checks to get the firearms back in his possession. He has complied but unfortunately, those checks keep getting rejected (he is not a dealer/ffl). It seems like they are ignorant to the process and are sending him down the wrong hole. His backgrounds are squeaky clean but I don't believe they are giving him correct information.

Frustrated, we reached out to a LE friend where he directed us toward the DOJ and a release form. Can anyone help here?

[180ls1]

CHP siezed firearms after accident. Need Help.

My dad was involved in a vehicle accident while driving home from hunting in SLO. While he went to the hospital, CHP seized the firearms while his truck was towed. The SLO office keeps trying to have my dad go through fingerprinting and background checks to get the firearms back in his possession. He has complied but unfortunately, those checks keep getting rejected (he is not a dealer/ffl) which seems to be the info they want him to fill out. It seems like they are ignorant of the process and are sending him down the wrong hole. His backgrounds are squeaky clean (not the problem) but I don't believe they are giving him correct information.

Frustrated, we reached out to a LE friend and he directed us toward the DOJ and a release form. Can anyone help here?

[L-2]

I'm just "brain-storming" here and likely don't quite understand what all is involved, either.

Perhaps your father needs an attorney to help both parties understand what any hold-ups are as to why the firearms are not being returned to your father.

Hold-ups might be:
-Each firearm may not show up as registered to anybody
-Stored firearm info disagrees with actual firearm
-Father's background may have some reason for denial
-Father may need a firearms safety certificate
-CHP may not be able to provide details of info to other than attorney or father
-Father is from another state
-Firearms come back registered to somebody else
-Father is pending criminal charges

Father may want to choose an attorney closer to his residence vs. closer to the CHP office or vice versa.

Let us know how and if it ever gets resolved.

Note: I've seized/stored/impounded firearms previously, but I've never been involved as to what was required for the return of the firearms; and the requirements could be even more involved nowadays.

[Dan_Eastvale]

Sure seems like CHP doesn't like people having guns.
They know he was coming back from hunting.
Guns were in his possession.
They should return his property to him with no questions asked.

What a shame!

[edgerly779]

He needs to file LEGR. Only way to get them back.

[Librarian]

He needs to file LEGR. Only way to get them back.

Now the LER (no longer a 'G') - https://oag.ca.gov/firearms/lerinfo (Seems there other things one must petition to get back from LE)

Note this:

Additionally, if an individual is seeking the return of a long gun purchased prior to January 1, 2014 which has not been subsequently recorded in their name by either a self reporting application, or registered as an assault weapon or .50 BMG rifle, should submit a Firearms Ownership Report application (BOF 4542A), pdf , along with the appropriate fees.

[RickD427]

My dad was involved in a vehicle accident while driving home from hunting in SLO. While he went to the hospital, CHP seized the firearms while his truck was towed. The SLO office keeps trying to have my dad go through fingerprinting and background checks to get the firearms back in his possession. He has complied but unfortunately, those checks keep getting rejected (he is not a dealer/ffl) which seems to be the info they want him to fill out. It seems like they are ignorant of the process and are sending him down the wrong hole. His backgrounds are squeaky clean (not the problem) but I don't believe they are giving him correct information.

Frustrated, we reached out to a LE friend and he directed us toward the DOJ and a release form. Can anyone help here?

Please review Penal Code sections 33800, 33850 and 34000.

Section 33800 requires than officer issue a receipt whenever a firearm is seized. The receipt is required to contain information describing the procedure for the weapon to be returned. If no receipt, with the return information, was provided, then I'd start with making a demand for the receipt from the CHP station.

Section 33850 requires your father to obtain a DOJ-Issued "Law Enforcement Gun Release Letter (LEGR)" before the CHP can return the weapons.

There are a couple of points to note with regard to the LEGR letter: 1) The letter only authorizes release. It does not mandate release. If the CHP is not willing to release the weapons, the LEGR ain't gonna help. 2) There is a requirement that the weapon be associated to the requester within the DOJ's Automated Firearms System. If there is no registration, there is no return. 3) You have to do the whole process on-line. DOJ no longer accepts paper requests.

Section 34000 authorizes LE agencies to destroy firearms in their possession for more than 180 days and that are considered as abandoned. It is wise to serve the CHP with a demand for the return of the weapons within each 180 day window. Don't expect that the demand will produce a return of the weapons, the LEGR is required. The purpose of the demand is to ensure that there is no basis for the CHP to conclude that the weapons were "abandoned."

[Librarian]

Meta: as a habit, one post on the same problem usually covers it. No actual harm done, just clutters my morning.