Getting your guns back from sjpd

[tintguy]

Hi everyone this is my first post please excuse me if my post in the wrong place. I had a case and have already been sentenced. Now I'm trying to get my guns back from sjpd. I have a court order to return my guns to a friend of mines to hold for me while I'm on my two year court probation. I have the Law enforcement gun release letter from DOJ . That letter is valid for 30days. Now that everything is in order I go to sjpd property desk. They keep the LEGR and give me back a copy.They say the detective now has to sign off on it. This is where my problem is I've left this detective five messages over the last month and half. He has never returned any of my calls. I really believe that this is gonna be their way of trying to keep my guns, by delaying. Once the 30 days is up I have to refile another LEGR at $23 bucks and wait another 4 weeks to get that letter. What I'm asking is what does everyone think I should do next? I really want my guns back. Do I have any legal recourse? Can I sue sjpd in small claims? Who can I file a complaint with? BTW they were both handguns. Well thanks for any and all replies. I really appreciate it.

[SJgunguy24]

Get a lawyer, they only have to hold the firearms for 180 days (IIRC) then they will destroy them.

Call everyday 5 times a day, SJPD is not in the buisness of constitutional rights.
They don't care, just hope they don't pull the "Well he's on a vacation/training trip"

[halifax]

Since, in most cases, your guns are also "placed under arrest", that officer could make a case before the DA that the guns themselves pose a risk to public safety. If that happens, you'll never get them back. In the meantime, get a lawyer.

[tintguy]

Thanks sjgunguy24 but on the LEGR it says "be advised that any unclaimed firearm may be disposed of by an agency or court 180 days after the owner has been notified that the firearm has been made available for return". I'll keep calling him. My lawyer said try a few more times and if it dosn't work call him.

[tintguy]

Since, in most cases, your guns are also "placed under arrest", that officer could make a case before the DA that the guns themselves pose a risk to public safety. If that happens, you'll never get them back. In the meantime, get a lawyer.

The judge and the DA signed off on the court order to release my guns.

[SJgunguy24]

I'd had that happen once, got my gun in two weeks. I was living in a gang infested "hood" and I called the cops. They tried to arrest me.

[technique]

I'd had that happen once, got my gun in two weeks. I was living in a gang infested "hood" and I called the cops. They tried to arrest me.

Don't you hate that....







Dude, get a good lawyer. Get your guns back. Park as close as possible when you do....you will have to wheel them out in a cart, then wheel the cart back....have someone with your guns when you return the cart.

[SJgunguy24]

Don't you hate that....







Dude, get a good lawyer. Get your guns back. Park as close as possible when you do....you will have to wheel them out in a cart, then wheel the cart back....have someone with your guns when you return the cart.

At least when my gun was "stolen" I knew his boss. Awesome feeling.

Make sure when and if you get em back Transport legally. When I got my pistol the lady just dropped it on my front seat and said I can't touch it.

I did keep the box that said EVIDENCE and MUZZLE THIS END for a while.

I even had a sargent who threated me a day before called me back to apologize.

[tintguy]

I'd had that happen once, got my gun in two weeks. I was living in a gang infested "hood" and I called the cops. They tried to arrest me.

I hear you man. In my case we called the cops and I got arrested. Now I live in a gang infested hood without a gun. You just don't sleep good at night anymore

[M1A Rifleman]

Sorry for your troubles and I hope you get things back. I hope when you get it straight that you will post some general details of what happend. Your story as well as that of another on this thread indicating they were arrested for "calling" the police - I assume to report a problem, were infact the ones arrested.

[POLICESTATE]

Not sure why the cops would arrest you for calling them? It's cool if you don't want to say. I know that SJPD is not noted for their fairness or professionalism.

[LiquidFlorian]

How the hell do you get busted for calling in a complaint?

[Henry Hill]

Yeah, I really would like to hear some background info on your dealings with SJPD ( OP and SJgunGuy) . The reason as I am interested is that I live in San Jose myself and just purchased my first firearm. How is SJPD with OLL's? Anyone had any run in's with them and their legal 'evil' rifles?


I don't get how you guys called them and were arrested yourselves... You must done something very questionable for this to happen ( or maybe the LEO's were just dicks?) .

[tintguy]

Sorry for your troubles and I hope you get things back. I hope when you get it straight that you will post some general details of what happend. Your story as well as that of another on this thread indicating they were arrested for "calling" the police - I assume to report a problem, were infact the ones arrested.

If your really interested in the story here is what happened. I sold a car to a guy at my house. Two and half weeks later the guy returns to my house looking for me while i was at work he left his phone number. I called him when i got home he said he stopped by because he wanted to return the car. The transmission is bad and wanted a refund. I was thinking are you crazy its been two and half weeks who knows what you've done with the car. I'm ASE certified and this car was my wifes commuter car it was in tip top running condition. He said "the tranny is $1200 to replace give me the money" I sold the car for $3500. Finally after talking we came to agreement that I would call my friend who owns a shop to see if I can get it repaired cheaper and I'll call him tomorrow. All is good right, except this guy a stranger, calls me again at 10:30 pm the very same night and says "we're outside, come outside" . In my head I'm assuming the worst. My brother in-law says he'll go outside with me. I opened my safe and grab two handguns and offered one to my brother in law and he refused it. I tucked both in my waistband and head outside to see whats going on. Same conversation as on the phone. After a long back and fourth I politely ask them to leave or I will call the police. His friend gets angry and say "I know where you live" I took that as a threat and Lifted my shirt exposing my handgun. I know poor judgment on my part. The cops come because my sister had called and they arrest me for 12031 (a)(1) and 417(a)(2). I plea to a 664 417 a 2 attempted brandishing and 12031 a 1. I was on my driveway the entire time. When I read the law 12031 in the DOJ handbook I thought you can be on your own private property carry loaded and concealed. One regret that I'm gonna have for the rest of my life is I wish I had enough money to take it to jury trial. I took the plea cause I was thinking of my family. I have a mortgage and a family to support. Originally it was 45 days weekend work program no jail 2yrs court probation and can't possess a gun during probation. I took the plea. Then I went to WWP and the say I was ineligible and I went back to court. Now the court says for the 12031 it makes me ineligible for WWP. WTh so now they re sentenced me to 30 days EMP electronic monitoring, 30 days incamp and 2yrs court probation with 12hrs anger mangement. In camp is where you check into jail friday saturday and sunday. I got screwed big time. Thanks for letting me vent alittle and hopefully this story helps someone else stay out of jail.

[POLICESTATE]

Yeah that's CA for ya, having people you are having a dispute with showing up uninvited onto your property late at night? You would think you'd be in the clear but not in the PRK.

That sucks man.