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  • aR_iNsaNe
    Junior Member
    • May 2007
    • 13

    Police destroy firearm

    a year ago my cousin had a domestic dispute and had a restraining order put on him. he turned in his firearm to be picked up after the restraining order expires. he went to pick it up with all his paper work and was told it has been destroyed. is there anything he can or do to get compensation?
  • #2
    sorensen440
    Calguns Addict
    • Mar 2007
    • 8612

    Similar thing hapend to my brother
    he ended up getting a check written to him for the full purchase price of both guns after pointing out there mistake
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson

    Comment

    • #3
      USN CHIEF
      I need a LIFE!!
      • Nov 2007
      • 11540

      Welcome to Cal Guns AR nsane. It will be a long process but your cousin should be able to get some money back for the firearm since it was destroyed by the police. He will have to call them and find out what exactly he needs to do to get compensated.
      Originally posted by tankerman
      I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
      Originally posted by Douglas711
      Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

      Comment

      • #4
        jmzhwells
        Senior Member
        • May 2008
        • 1111

        tried to pick it up too late, PD has to have permission from District Attorney b4 evidence can be destroyed. have him call the DA
        Originally posted by bohoki
        oh man i think i threw up in my mouth a little
        Originally posted by Soldier415
        My staff is now at 10 beers, and has a tactical red lgt ont it, and is being ttached to me by a single point sling

        i AM THE WISEST MOST TACTICAL WIZARD

        Comment

        • #5
          aR_iNsaNe
          Junior Member
          • May 2007
          • 13

          he actually tried to pick it up on the very first day and was told it was gone. i will tell him what he needs to do. thank you all!

          Comment

          • #6
            Casual Observer
            Senior Member
            • Mar 2008
            • 1400

            try and get a property receipt for firearms from the local PD. It should say the police can only destroy the firearm after 90 days from the date he is allowed to pick it up (ie- restraining order lifted).

            Just curious....which PD is it?

            Comment

            • #7
              m24armorer
              In Memoriam
              • Feb 2006
              • 1422

              I may be wrong here but I think firearms may only be destroyed once a year by law in July.
              07 Class II in the Bay area.
              Enjoy the silence.......
              sigpic
              Celebrating our madness for over
              50 years.


              Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier. One died for your soul; the other for your freedom.
              - George Patton

              Comment

              • #8
                tyrist
                Veteran Member
                • Jun 2007
                • 4564

                A firearm seized in a domestic dispute is not considered evidence so the DA has no say. All property kept in police custody is kept for a maximum of 90 days from the date of seizure. If you need it kept longer you must call and make arrangements or have a proxy pick up the property for you.

                Comment

                • #9
                  bohoki
                  I need a LIFE!!
                  • Jan 2006
                  • 20825

                  i didnt think they were a storage facility ive seen people have to give their firearms to friends when bad things happened

                  i would probably fill out a stolen gun report just in case the man has it ready for a drop gun

                  Comment

                  • #10
                    Riodog
                    Banned
                    • Feb 2006
                    • 1127

                    A close friend just got his rifle back from the Riverside County Sheriff's Dept. It was turned in over 3 years ago due to the TRO. The divorce has been settled for 1 year. It was a no-hassle type of deal. He's happy.
                    Rio

                    Comment

                    • #11
                      leelaw
                      Junior Member
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10445

                      Originally posted by jmzhwells
                      tried to pick it up too late, PD has to have permission from District Attorney b4 evidence can be destroyed. have him call the DA
                      Judges, not DAs, sign off on firearm destructions.

                      Comment

                      • #12
                        SVT-40
                        I need a LIFE!!
                        • Jan 2008
                        • 12899

                        Originally posted by bohoki
                        i didnt think they were a storage facility ive seen people have to give their firearms to friends when bad things happened

                        i would probably fill out a stolen gun report just in case the man has it ready for a drop gun
                        You can't make a stolen gun report. That in it's self would be a crime as it was not originally stolen. Making a false police report is a crime.
                        Poke'm with a stick!


                        Originally posted by fiddletown
                        What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

                        Comment

                        • #13
                          Pvt. Cowboy
                          Banned
                          • Oct 2006
                          • 2688

                          Originally posted by m24armorer
                          I may be wrong here but I think firearms may only be destroyed once a year by law in July.
                          I may be wrong here but I think some cop has that gun at home in his safe.

                          Comment

                          • #14

                            Riverside County had my guns for 4 months, but they were considered evidence. They did everything possible to not return them. Then tried to tell me they "don't return ammo because you can't legally transport ammo and guns in a vehicle at the same time."

                            I suggest you keep notes on every conversation, don't waist any time getting paperwork in order, and don't believe anything they say.

                            Good luck!

                            Comment

                            • #15
                              Moonclip
                              Veteran Member
                              • Jan 2004
                              • 4390

                              Wasn't Riverside where the sheriff a few years back was convicted of crimes including basically keeping confiscated firearms for his own collection?
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                              .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
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