LCSO have my guns

[gunlovingrapegrower]

I was involved in an alleged domestic Violence incident a couple of weeks ago. I left the house, thinking things would blow over like usual. This time she called the Sheriff. Before judging me, just know my wife is an alcoholic and was drinking that morning. She has also spent time in a place which disqualifies her from owning firearms.

I was called by the Deputy to get my side of the story. I declined to make a statement. I actually called her back to collect the guns. She informed my that she had to think I would do "grave bodily harm" to her. I informed her that my wife may be unstable and I was afraid for her own safety. So, she took my guns and I left the county to avoid a night in jail. (That's what the do here in Lake County, jail first, questions later, if you're a male.)

I have no stay-away orders, and no charges have been filed. The LCSO tells me that I have to wait until the DA decides to file charges; and if they do, I have to wait until it is adjudicated to get my guns back. I'm calling BS on this. Any ideas what my rights are?

[Pimpin007]

Get a lawyer quick fast and in a hurry if you EVER want to get your guns back

[Cahooting]

Lawyer up bud.

[alfred1222]

Get a freaking lawyer, and get one NOW

[ICONIC]

Lawyer up and divorce her.

[BKinzey]

Contact the Calguns Foundation, they might be able to help. At the least direct you to a Lawyer with firearms law experience.

I see another potential problem. How did the Sheriff get your guns? Did your GF give them access? If your GF can't own firearms then you are supposed to take steps so she doesn't have access to your firearms. So if she gave the Sheriff access then she must have had access and you could be in trouble for that.

[Pimpin007]

I see another potential problem. How did the Sheriff get your guns? Did your GF give them access? If your GF can't own firearms then you are supposed to take steps so she doesn't have access to your firearms. So if she gave the Sheriff access then she must have had access and you could be in trouble for that.

Very true.....

[Moto4Fun]

This is a good reason why you always want to be the first to call the police. It appears that your wife established herself as the victim before you had a chance to share your side of the story. Of course, in your shoes, I don't know that I would have called the police either. But we don't know what transpired that day that you left hoping things would blow over.

[8mmFMJ]

Divorce Lawyer

[asheron2]

Better start making some noise about getting your guns back. They held onto one of my fiends rifles(that was stolen from him) for almost 3 years claiming they needed it as evidence........

[hellayella]

well duh, ur a grappler and with guns, u'll cause your partner grievous bodily harm..i'm a 130-ish, pencil necked Asian pencil pusher that faints at the sight of confrontation, why would my significant other see me as a a threat

[glockman19]

No Charges? No Restraining Order? No Due Process?

Call the Cal Guns Foundation

[RickD427]

I was involved in an alleged domestic Violence incident a couple of weeks ago. I left the house, thinking things would blow over like usual. This time she called the Sheriff. Before judging me, just know my wife is an alcoholic and was drinking that morning. She has also spent time in a place which disqualifies her from owning firearms.

I was called by the Deputy to get my side of the story. I declined to make a statement. I actually called her back to collect the guns. She informed my that she had to think I would do "grave bodily harm" to her. I informed her that my wife may be unstable and I was afraid for her own safety. So, she took my guns and I left the county to avoid a night in jail. (That's what the do here in Lake County, jail first, questions later, if you're a male.)

I have no stay-away orders, and no charges have been filed. The LCSO tells me that I have to wait until the DA decides to file charges; and if they do, I have to wait until it is adjudicated to get my guns back. I'm calling BS on this. Any ideas what my rights are?

Please give a close read to Penal Code section 18250. Here's the pertinent part:

"18250. If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, or is serving a protective order as defined in
Section 6218 of the Family Code, that person shall take temporary
custody of any firearm or other deadly weapon in plain sight or
discovered pursuant to a consensual or other lawful search as
necessary for the protection of the peace officer or other persons
present:
(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1......."

If the law enforcement agency believes the firearms may endanger someone if returned, they may petition the court to prevent the return of the firearms.

This is an area where you need the services of a qualified attorney. Do not rely on the comments of persons on this forum. Anyone can cite law, anyone can comment on the law, but only a qualified attorney can best advise you of how to proceed given the specific facts of your case.

[JeremyKX]

You declined to talk to the police so they could get your side of the story? And on top of that, you did that and you still haven't retained a lawyer?... Really??

All they know now is what SHE says... you need a lawyer QUICK.

[sfbay]

Dude, you left your guns with access to a drunk 5150? And, you fled the scene, "conscientiousness of guilt"...

There's probably an affidavit on file for your arrest. While they look for you and wait for the arrest warrant to clear. Get an attorney.