Am I Getting My Gun Back?

[andy.pasha]

First of all I would like to say Thank You to everyone in this forum. I love it when people get together and share their knowledge. I really appreciate all your help.

Here is my story.

In June 2012 I let my buddy borrow my rifle(ar15) to go shooting. He gets pulled over for speeding and the cop asks if he has any weapons. My friend being the good samaritan that he is, says "yes" and shows the police officer my gun along with 3 other guns. One of 3 guns happens to be loaded (NOT MINE) and my buddy gets taken in, along with all the guns. My buddy is not a citizen of the US, but he is a registered resident and he is allowed to own a gun. One of the 3 was actually his gun. (ALSO NOT THE LOADED ONE). The loaded gun was from a mutual friend of ours.

My friends lawyer says that if he accepts a plea bargain they may possibly deport him back to China. So after many failed plea bargains the case is going to trail by jury. So I have a few questions about this case.

1. What are the chances I am my gun back?
2. What will happen to my buddy? Probation? Deportation? He is a 30 year old accountant who works for Bank Of America, not a speck on his record. He is the definition of a model citizen (besides this hiccup)
3. I found a Gun Release Application on the California DOJ website. If I fill this out will I possibly get my gun back? or is it a waste of time/money because the case is still open.
4. How long do trials go for?

The county where he was arrested is Ventura County in Southern California.

Sorry for making the posting so lengthy. I tried to sum it up as best as i can with the least amount of words.
I would like to say Thank you to everyone who took the time to read and answer back to my thread. I really appreciate all your help. Every bit counts.
Please feel free to ask me questions or tell me about your opinions.
Thanks Again
Andy P

[hellayella]

1st of all, get a new buddy (joking)..loaded firearms, wow!

2nd get one of the lawyers here on CALGUNS that specializes on those cases

[thefifthspeed]

First of all I would like to say Thank You to everyone in this forum. I love it when people get together and share their knowledge. I really appreciate all your help.

Here is my story.

In June 2012 I let my buddy borrow my rifle(ar15) to go shooting. He gets pulled over for speeding and the cop asks if he has any weapons. My friend being the good samaritan that he is, says "yes" and shows the police officer my gun along with 3 other guns. One of 3 guns happens to be loaded (NOT MINE) and my buddy gets taken in, along with all the guns. My buddy is not a citizen of the US, but he is a registered resident and he is allowed to own a gun. One of the 3 was actually his gun. (ALSO NOT THE LOADED ONE). The loaded gun was from a mutual friend of ours.

My friends lawyer says that if he accepts a plea bargain they may possibly deport him back to China. So after many failed plea bargains the case is going to trail by jury. So I have a few questions about this case.

1. What are the chances I am my gun back?
2. What will happen to my buddy? Probation? Deportation? He is a 30 year old accountant who works for Bank Of America, not a speck on his record. He is the definition of a model citizen (besides this hiccup)
3. I found a Gun Release Application on the California DOJ website. If I fill this out will I possibly get my gun back? or is it a waste of time/money because the case is still open.
4. How long do trials go for?

The county where he was arrested is Ventura County in Southern California.

Sorry for making the posting so lengthy. I tried to sum it up as best as i can with the least amount of words.
I would like to say Thank you to everyone who took the time to read and answer back to my thread. I really appreciate all your help. Every bit counts.
Please feel free to ask me questions or tell me about your opinions.
Thanks Again
Andy P

1) I would advise you contact an attorney to retrieve your property. It sounds like your rifle is going to be used as evidence.
2) Who knows, I would have to see his charges. What I will say is I wouldn't want a jury trial right now with anything gun related. I hope your friend has a competent attorney. If the courts down there work like it does up here, I would venture to say through motions, motion ops, requests etc... this trial could be 3 months, 6 months, who knows.
3) If your gun is part of an open case, you won't be seeing it anytime soon.
4) Once again, it depends. If the trial actually starts? Depends on the charges. It could be a couple days or a couple weeks. I would guess closer to the former. It also depends on how far your friend is in the process. Have any pretrial proceeding begun? If he's only been arraigned, he may be looking at a lot of time between now and a verdict.

[WARDOG]

You might get more response if you post this in the LEO (Law Enforcement Officer) section.
Ventura County is busy.
Take your proof of ownership (if you have one) with you to the Department that has your gun. Make an appointment with the proper person, usually the Property / Evidence Tech. You will need a Cal I.D.
Usually they will release the gun back to you, if you sign a promise to have the gun available for any court proceedings until the case is adjudicated (completed through the court system).
If Ventura Co. keeps your gun, it will only be until the court proceedings are through, and any appeals period has passed if convicted. Sometimes you won't get any evidence released if the defendent is granted probation, and for the term of that probation if it is not violated.
If you can't prove the gun is yours (it was not registered to you, no receipts etc.) your friend pretty much screwed you until court proceedings are over and he gets it back, if he is allowed to possess guns after a conviction.
In some instances, it doesn't sound like your case, upon the completion of the court proceedings, the judge may order the weapon destroyed as a nuisance to the public (usually only in felony cases).
The court must realize that the weapon is property and it cannot be destroyed without a court order.
Each department is different, so really, go ask them.
As far as punishment. If it is a misdemeanor, I would be shocked if it went to jury trial. Where are they going to put him if convicted?
Loaning a AR to a friend is like loaning a car to your college dorm mate. If he gets arrested, your car gets towed. If he kills someone with it it's you insurance. If he has a suspended license, your car gets towed and stored for a minimum of 30 days. If he gets in an accident, well..then there ya go.

[dieselpower]

You and your buddy need to contact CGF. Go HERE

http://www.calguns.net/calgunforum/showthread.php?t=245866

[dieselpower]

You and your buddy need to contact CGF. Go HERE

http://www.calguns.net/calgunforum/showthread.php?t=245866

[Mr. Beretta]

Good luck....

Your AR (Peoples Exhibit # 1) will be prominently displayed front & center in your friend's trial. Count on the prosecutor continually referring to it whenever they mentioning weapons.

IMHO....now is not the time to go to court where one of the items of evidence is a AR 15 rifle.

Plus no matter what the disposition of the trial, I would venture to say, you'll never get your gun back unless you have a written order from the court ordering whoever has it, to return it to you.

Hopeless...No......But expect a bumpy road ahead. Please let us know what happens.

Good luck....................

[veritas137]

Just curious, what was the reason for the loaded gun?