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Law Enforcement Gun Release Questions

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  • 8bflylow
    Junior Member
    • Jun 2007
    • 35

    Law Enforcement Gun Release Questions

    Hello,

    Some of you may or may not remember my case, but I have a couple questions regarding the release of my guns.

    I have filed for a LEGR application with the DOJ and just received it

    I have filed for Firearms Ownership Records with the DOJ and have received those letters also.

    My case was never filed, it was dropped. There was nothing against me.

    I went to the sherrifs station and they gave me the run around. I finally got a hold of the "property clerk" and she gave me the number to one of the deputy that arrested me. He told me he would not release my guns because my guns were still in an on going case "felon in posession of firearms" and that i was not eligible to get them back until the case is over.

    He also stated chances are I wont get them back even if the girl is not convicted. Is this true? He says "we're probably going to melt them" He kept stating that it was a crime gun. I told him no crime was commited with them and he stated that the felon in posession of the firearm was the crime. Since they already charged her why would they still need the guns?

    The firearm was not in the hands of the parolee. The only reason they charged her for it was because they drove me and her to my house while they searched it....

    I guess i just want to hear that i wont get my guns back and why on this forum from neutral parties instead of the questionable cops i had to deal with...

    They took around 2500 rounds of various caliber ammo, my cleaning kits and supplies. Can i push to get those back?
  • #2
    Ballistic043
    Senior Member
    • Feb 2008
    • 1704

    they usually do not give you back the ammunition.

    just know there are people who share your frustrations in dealing with the OCSD/DOJ

    after my case "statute of limitations" ran out after 3 years of waiting, (falsely arrested and had OLLs taken) i had to send off LEGR stuff to DOJ, to show the cops im able to get my stuff back from them.

    its been a month and a half and still i have received nothing. its the only thing stopping me from getting my stuff, and its starting to tick me off that people arent more freaking organized. i want to move on with my life and enjoy the stuf i spent my hard earned money on. i dont even know if that will happen yet!

    Comment

    • #3
      berto
      Calguns Addict
      • Oct 2005
      • 7723

      Lawyer. Seriously.
      "There are no outdoor sports as graceful as throwing stones at a dictatorship." Ai WeiWei

      Comment

      • #4
        bigcalidave
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2009
        • 4489

        Lawyer... And be sure to tell everyone you know to call a lawyer before you ever let police in your house...

        And to toss it on the pile hopefully without sounding too insensitive, don't have ex felon friends / girlfriends EVER at your house.
        ...

        Comment

        • #5
          8bflylow
          Junior Member
          • Jun 2007
          • 35

          Originally posted by Ballistic043
          they usually do not give you back the ammunition.

          just know there are people who share your frustrations in dealing with the OCSD/DOJ

          after my case "statute of limitations" ran out after 3 years of waiting, (falsely arrested and had OLLs taken) i had to send off LEGR stuff to DOJ, to show the cops im able to get my stuff back from them.

          its been a month and a half and still i have received nothing. its the only thing stopping me from getting my stuff, and its starting to tick me off that people arent more freaking organized. i want to move on with my life and enjoy the stuf i spent my hard earned money on. i dont even know if that will happen yet!

          What is the "statute of limitations" for false imprisonment, police mis-conduct type cases? Or how low do I have to file with the government? Its been 3 months. I've tried finding a laywer for a civil case, most ive talked with dissappear or tell me they have previous cases with law enforcement and never want to do it again...

          Comment

          • #6
            bigcalidave
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Jan 2009
            • 4489

            A Trusted Partner and Powerful Advocate The law firm of Michel & Associates delivers exceptional service and value to clients needing legal advice or representation concerning labor & employment law, business litigation, environmental & land use law, regulatory compliance, municipal law, non-profit governance, civil rights, and firearms & Second Amendment law. Michel & Associates, P.C.
            ...

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            • #7
              Ballistic043
              Senior Member
              • Feb 2008
              • 1704

              Originally posted by 8bflylow
              What is the "statute of limitations" for false imprisonment, police mis-conduct type cases?
              not sure. all i now is my case, i was arrested for 1. posession of unregistered AW and 2. illegal transportation of said AW. the statute for those charges is 3 years from time of arrest. of course both my OLL's were legal but cops thought otherwise. and the DA had my case for 3 yrs and never did anything.. so im free.. but not my guns!\

              Comment

              • #8
                flyinverted
                Member
                • Feb 2009
                • 368

                Don't give up. Be polite, be persistent. I had a pistol taken by the OCSD about 10 years ago and I got it back. I was diligent, polite and persistent as well. It took about 2-3 months, and a lot of phone calls, faxes etc.

                Comment

                • #9
                  dantodd
                  Calguns Addict
                  • Aug 2009
                  • 9360

                  I remember your case, glad no one got charged. You should probably pursue this with one of the fine gun lawyers who advertise on this forum. They should be able to draw up a demand letter relatively inexpensively. If even that is a hardship contact CGF, they MAY be able to help. To get in touch with CGF PM hoffmang, bwiese or wildhawker
                  Coyote Point Armory
                  341 Beach Road
                  Burlingame CA 94010
                  650-315-2210
                  http://CoyotePointArmory.com

                  Comment

                  • #10
                    stan
                    Senior Member
                    • Sep 2008
                    • 1322

                    when I had to get my stuff back from OCSD, I picked it up from the property/evidence room up in santa ana. you should give Jason Davis a call, he is down here in OC and knows how to deal with OCSD in gun related matters. he handled my AR-15 seizure wonderfully, i hardly had to lift a finger other than to send the LEGR in!
                    SCALIA: WTF are you talking about? We can incorporate it under due process. I hate due process and I even think that.
                    GURA: Uhhh
                    SCALIA: Are you trying to get a job at a law school?
                    GURA: ....Oh s***
                    SCALIA: SERIOUSLY STFU IF WE USE PRIVILEGES AND IMMUNITIES THESE F***OS WILL LEGITIMIZE EVERYTHING STFU STFU STFU
                    GURA: But you hate due process
                    SCALIA: I LIKE IT NOW

                    Comment

                    • #11
                      SVT-40
                      I need a LIFE!!
                      • Jan 2008
                      • 12893

                      The issue is probably because the weapons are evidence against your girl friend. As I said in your previous post, until that case is adjudicated the weapons will not be available.

                      If you want real information from the agency which has your guns. You need to talk with the detective in charge of the case. He is the only one who can give you the proper information and authorize release (when the case is completed) and only if the firearms are not ordered destroyed by the judge.
                      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.

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