Recovering a stolen firearm

[CubsFan77]

[splaturn]

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/ler.pdf?

That's what you need.

[RickD427]

https://oag.ca.gov/sites/all/files/a...forms/ler.pdf?

That's what you need.

The LEGR Letter only works if all agencies involved are ready to release the weapon.

If any of them desire to hold the weapon, it's gonna take more than that letter.

[pacrat]

And IF the recovered firearm isn't already "registered" to you in Ca AFS.

You will also need this form;

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/volreg.pdf

Did you report the firearm as stolen to your local LEA, at time of theft?

What leads you to believe that you need a "court order" in order to facilitate the return?

Have you ever heard of "TANSTAAFL"?

[bergmen]

If the firearm is being held for evidence you cannot have it returned until the case is closed. You will just need to ride herd on this and make contacts to get the status of the case. Once the case is closed, yes you will need to prove that you are eligible to possess a firearm, this is SOP.

I see that RickD427 says pretty much the same thing (I didn't read his post fully before I posted mine).

Dan

[RickD427]

If the firearm is being held for evidence you cannot have it returned until the case is closed. You will just need to ride herd on this and make contacts to get the status of the case. Once the case is closed, yes you will need to prove that you are eligible to possess a firearm, this is SOP.

I see that RickD427 says pretty much the same thing (I didn't read his post fully before I posted mine).

Dan

Dan,

You actually make a pretty good point about the firearm being held for evidence. That's the most likely reason for it not being available for release.

Different agencies have different policies for releasing evidentiary holds. Some will release if there is no apparent potential for a criminal trial, or upon completion of the criminal trial. Others will hold until the appellate process has completed and/or until the Statute of Limitations for potential charges has expired.

[bergmen]

Dan,

You actually make a pretty good point about the firearm being held for evidence. That's the most likely reason for it not being available for release.

Different agencies have different policies for releasing evidentiary holds. Some will release if there is no apparent potential for a criminal trial, or upon completion of the criminal trial. Others will hold until the appellate process has completed and/or until the Statute of Limitations for potential charges has expired.

Without going into details, my youngest son and I went through this a few years ago. Long story short, there was a parole violation by another person staying with my son and four firearms were seized.

My son took it upon himself to dig into this. He was very patient, made phone calls, went to law libraries to study the laws, contacted many individuals, filled out forms, went to court, etc., etc.

Two of the firearms (handguns) were still under my name. I had not gone through the change in ownership process like my son encouraged me to do. One handgun I gifted to my son, the other I sold to him. So he and I teamed up for this but he did almost all of the work.

He actually got a hold of the person responsible for maintaining evidence and formed a good relationship with him. He was on our side but could not do anything without the legal process taking its course. He promised that the guns would not be stored in a matter that would cause any harm to them.

This was all in a county in the central valley. He found an attorney in Paradise (before the conflagration) that offered to help us fill out and file the necessary forms for gratus. I gave him a Benjamin for his troubles but he didn't require it.

Slowly but surely, one step after another and the evidence guy showed up at my sons house (I was there as well) to deliver everything. Signed the forms, shook hands and it was all over. I owe it to my son who never let up and gently pushed all of the buttons to complete the process. I immediately went through the change of ownership process like my son had wanted me to in the first place.

There was a time span that had to be honored in case of any appeals. When that expired the legal wheels could begin to turn (slowly).

This took a couple of years.

Dan

[ja308]

This is probably a good time to buy a new gun while you wait for the stolen one returned, or jerked around forever.

It also a great time to join, upgrade or recruit new NRA members .

[broadside]

Had a 1911 stolen. Took 9 years to get it back once all the trials and appeals where over. Got a certified letter from the local PD that I could pick it up with that LER form completed and a response from DOJ

The reason you need to fill out the form is because it is legally a transfer and you need to complete a BGC because they don't know what you have done in the time it was gone. You may no longer be eligible.

Feel free to sue the criminal that took it for the $19 you have to pay DOJ and the lock you need to buy.

[sigstroker]

This is really horrible, and entirely kali's fault.

By way of contrast, when the cops recovered a gun that was stolen in AZ, they sent me an email "When can you pick it up", I gave them a date, walked in, signed a ledger, and walked out with it. Kali doesn't HAVE to make it such a pain in the *ss, they just want to.