Can I get my guns back from San Diego PD?

[stix213]

Didn't "stick"? It wasn't that it didn't "stick," it's that the accusation was entirely false. I don't need to look at this from a PD perspective, because that's exactly what is wrong with law enforcement. I didn't ever and never would touch a woman like that. You realize that there is absolutely no fact-checking on accusations like this? She filed a restraining order and said I hit her. It automatically becomes a domestic abuse issue just because she accused me. It doesn't matter that I'm a combat veteran with exemplary military service, with no disciplinary actions and not so much as a speeding ticket on my record. We are supposed to be innocent until proven guilty but this is a prime example of what is so messed up about our legal system.

Unfortunately the fact is your guns were taken because of a TRO prohibiting gun possession, with regard to an incident had you been found guilty would have resulted in a federal lifetime firearm ban. Between the time that the TRO ended, and you recovering your firearms, you created a separate incident on your own that created yet another firearm prohibition on yourself, plus are potentially suicidal (generally what an OD + 5150 is all about). The 2nd one is why you don't have your guns, and didn't involve the lying GF according to your story.

The PD has no knowledge of if her story was true or not, if you would really hurt her. They see two separate firearms prohibitions back to back, with one currently in effect. Your story is the type of story the PD isn't going to be enthusiastic about getting firearms back over. Sorry dude, but if you didn't go get yourself prohibited a 2nd time you'd probably already be at the range with your guns by now.

Get a lawyer if you want to force the PD to release the guns to an FFL, or chock it up as a loss. Best of luck to you.

[mikesierra]

Unfortunately the fact is your guns were taken because of a TRO prohibiting gun possession, with regard to an incident had you been found guilty would have resulted in a federal lifetime firearm ban. Between the time that the TRO ended, and you recovering your firearms, you created a separate incident on your own that created yet another firearm prohibition on yourself, plus are potentially suicidal (generally what an OD + 5150 is all about). The 2nd one is why you don't have your guns, and didn't involve the lying GF according to your story.

The PD has no knowledge of if her story was true or not, if you would really hurt her. They see two separate firearms prohibitions back to back, with one currently in effect. Your story is the type of story the PD isn't going to be enthusiastic about getting firearms back over. Sorry dude, but if you didn't go get yourself prohibited a 2nd time you'd probably already be at the range with your guns by now.

Get a lawyer if you want to force the PD to release the guns to an FFL, or chock it up as a loss. Best of luck to you.

No, they are BOTH reasons why I don't have my guns. I would have had my guns out after the incident over a year ago if there was no domestic abuse issue, because the judge wrote a memo for me instructing the police to release my property. It was only because of this false accusation that they insisted I had to get DOJ permission. I did try to get my guns back on a couple separate occasions before I was ever held on a 5150.

But really, I'm quite in awe that someone here is defending CA gun laws as logical. And I'm even more astounded that you empathize with their position, seeing as how all I'm trying to do is GET SOME ****ING MONEY BACK. You are acting as if I'm trying to get these guns out to go cowboy around town. I don't even care about the guns right now. I'm broke, I've been systematically ****ed over from the federal government involuntarily recalling me to active duty to the state university system refusing to let me transfer schools to the city I reside in. And all I'm trying to do is recover some money so I can pay my damn debt and get myself back on my feet. But I guess that's too hard, because someone who is apparently suicidal AND abusive does not deserve to recover funds from his property that some quasi-fascist law enforcement agency confiscated.

[Firemark]

Kind of a long story I'll try to make short...

I was living in San Diego, just back from a second deployment to Iraq, with my girlfriend. She makes erroneous domestic abuse allegation and the police confiscate my weapons. She doesn't show up to the hearing so the judge dismisses it and the restraining order expires. I went to SDPD office and they told me they had no idea how to get my guns back and that I had to contact the gun desk and ask. The number to the gun desk always goes straight to automated voicemail and I leave multiple messages and never get called back. After a lot of digging (this is now months later), I find out where the property desk is, so I go and take the court documents to get them back, and they tell me since it was a domestic violence issue that I had to get a letter from DOJ saying I was eligible to own a firearm.

Anway... I was going through a tough time with just readjustment issues, not being able to draw my GI Bill, not finding a job, girlfriend screwing me over, etc. I overdosed and was sent to a mental hospital. By the time I submitted the DOJ form and got it back, obviously I wasn't eligible anymore.

These firearms were confiscated in August of 2010. My main question is should I even expect SDPD to still have them, or should I just forget about it? The Springfield XD was almost brand new, and even though I am still not eligible to own in CA, I would really like to be able to sell these guns because I could really use the money. Thanks for any help.

The gun desk and storage facility is located at the intersection of Genesse and Balboa avenue on the North West corner. It is a non descript 3 story tilt up concrete building just behind the strip mall, You can find it pretty easy it has closed circuit cameras all over it. If you want to talk to someone at the gun desk thats where you go!

[stix213]

No, they are BOTH reasons why I don't have my guns. I would have had my guns out after the incident over a year ago if there was no domestic abuse issue, because the judge wrote a memo for me instructing the police to release my property. It was only because of this false accusation that they insisted I had to get DOJ permission. I did try to get my guns back on a couple separate occasions before I was ever held on a 5150.

But really, I'm quite in awe that someone here is defending CA gun laws as logical. And I'm even more astounded that you empathize with their position, seeing as how all I'm trying to do is GET SOME ****ING MONEY BACK. You are acting as if I'm trying to get these guns out to go cowboy around town. I don't even care about the guns right now. I'm broke, I've been systematically ****ed over from the federal government involuntarily recalling me to active duty to the state university system refusing to let me transfer schools to the city I reside in. And all I'm trying to do is recover some money so I can pay my damn debt and get myself back on my feet. But I guess that's too hard, because someone who is apparently suicidal AND abusive does not deserve to recover funds from his property that some quasi-fascist law enforcement agency confiscated.

I was being a jerk, kicking someone when they are down, and I should have been kinder. No sarcasm. Good luck getting them released.

[ShootNMove]

Looks like many have already chimed in but I will to if it helps. For the record though you should tell your entire story in the first post, rather than in bits and pieces within the whole thread.

Generally the property room at a department is supposed to keep evidence as long as the case remains active, unless the case is under a special circumstance that would force them to keep it forever. But I cant exactly speak for SDPD procedures, try asking their department for that information in writing. If you didnt claim the property before they say you had to you got a slim chance of getting it back. Some departments keep evidence locked away for a year or two before things start filling up and they need to purge. Then most firearms get sent from the PD to DOJ for destruction, so if the property room still has your items then that's a start. But based on the information you later admitted to within the thread it sounds as if the order for destruction was already in place. But just because something has an order to be destroyed doesnt mean it's destroyed yet. Still doesnt mean you have a good chance of getting them back.

I would have advised you to be as nice as possible to the people in property because if you start a war with them you will not win... period. But it sounds like it's already past that point.

Sadly, your case sounds pretty weak trying to get the guns back. The DV shouldnt have been an issue if it was dismissed, but if you're 5150 they arent under any obligation to give YOU the guns back. They could release the items to someone else with your consent, but they are firearms which complicates things. And when things get complicated that shifts the power in their favor. They could destroy your items if they want, they could also set them aside. Your biggest mistake was calling, you should have physically went into the office and asked, waited, etc until they helped you.

Also, I'm very suspect of your story about just "handing" the guns over. Property doesnt take "property" unless associated with a case. Were the guns part of the domestic violence case? Is there an evidence item associated to each of them? If so then that changes things quite a bit.

I wouldnt even waste an attorneys time, if you cant settle this peacefully with the department on your own, in person, and quickly then you can kiss those guns goodbye.

[mikesierra]

Generally the property room at a department is supposed to keep evidence as long as the case remains active, unless the case is under a special circumstance that would force them to keep it forever. But I cant exactly speak for SDPD procedures, try asking their department for that information in writing. If you didnt claim the property before they say you had to you got a slim chance of getting it back. Some departments keep evidence locked away for a year or two before things start filling up and they need to purge. Then most firearms get sent from the PD to DOJ for destruction, so if the property room still has your items then that's a start. But based on the information you later admitted to within the thread it sounds as if the order for destruction was already in place. But just because something has an order to be destroyed doesnt mean it's destroyed yet. Still doesnt mean you have a good chance of getting them back.

The problem is that they never told me when I had to get them back. I have been poring over the law a bit and it specifically states that the LEA that confiscates weapons MUST inform you of the process to get them back. The problem is I was always referred to the "gun desk." But they don't answer the phone, it's just a voice mail, and they never returned my calls.

Sadly, your case sounds pretty weak trying to get the guns back. The DV shouldnt have been an issue if it was dismissed, but if you're 5150 they arent under any obligation to give YOU the guns back.

Oh, no... trust me. I went straight to the gun desk after the judge dismissed the restraining order, and the clerk there told me since there was a DV accusation against me, I had to apply for a PFEC or whatever. Between then and the time I actually applied is when I was 5150 held. The confusion is between the restraining order and the domestic violence accusation. What happened was she filed a restraining order. That had one case number. Since she also accused me of domestic violence, they gave that another case number, even though the accusation was in the restraining order. I don't know if she filled out separate paperwork for it or what, but there were two different case numbers, and the one I went to court for was the restraining order. I was never required to do anything for the DV case. That's why it's such BS. Anyone can level these kinds of accusations with no merit and take away your rights and there's nothing you can do about it. It's just there.

Your biggest mistake was calling, you should have physically went into the office and asked, waited, etc until they helped you.

I don't even know where the gun desk is. I just now found out now that the kind gentleman above just posted this information. It doesn't state anywhere on their website and every police officer I talked to told me they don't know or to go to the property desk.

Also, I'm very suspect of your story about just "handing" the guns over. Property doesnt take "property" unless associated with a case. Were the guns part of the domestic violence case? Is there an evidence item associated to each of them? If so then that changes things quite a bit.

Are you serious? This is what happens: One party files a restraining order against another. In order for this to take effect, you must be served. One can either hire someone to do this service, or ask the sheriff. My ex had the sheriff serve me the papers. The deputy asks me if I have any firearms. I tell her yes. She tells me that I have 48 (or 72, not sure exactly) hours to choose between surrendering my firearms to a law enforcement agency or transfer, sell, or dispose of them. Since my ex's accusations were baseless, I thought I would have no trouble surrendering them to SDPD. I also naively thought that this is something they must do often, so it shouldn't be too hard to get them back. So yes, as a law abiding citizen, I brought my firearms to the local police station in order to comply with the law.

[Ron-Solo]

Don't give up on your guns. Most police agencies only dispose of guns once a year, which is what is required by law. Some agencies will do it twice a year.

Talk to a supervisor of the gun desk. Everyone has a boss. You will need to have an FFL ready to take possession of the guns. If they destroy them against your wishes, file a civil claim for the value of your firearms, because they were not seized as a result of criminal action.

[ShootNMove]

The problem is that they never told me when I had to get them back. I have been poring over the law a bit and it specifically states that the LEA that confiscates weapons MUST inform you of the process to get them back. The problem is I was always referred to the "gun desk." But they don't answer the phone, it's just a voice mail, and they never returned my calls.


Oh, no... trust me. I went straight to the gun desk after the judge dismissed the restraining order, and the clerk there told me since there was a DV accusation against me, I had to apply for a PFEC or whatever. Between then and the time I actually applied is when I was 5150 held. The confusion is between the restraining order and the domestic violence accusation. What happened was she filed a restraining order. That had one case number. Since she also accused me of domestic violence, they gave that another case number, even though the accusation was in the restraining order. I don't know if she filled out separate paperwork for it or what, but there were two different case numbers, and the one I went to court for was the restraining order. I was never required to do anything for the DV case. That's why it's such BS. Anyone can level these kinds of accusations with no merit and take away your rights and there's nothing you can do about it. It's just there.


I don't even know where the gun desk is. I just now found out now that the kind gentleman above just posted this information. It doesn't state anywhere on their website and every police officer I talked to told me they don't know or to go to the property desk.


Are you serious? This is what happens: One party files a restraining order against another. In order for this to take effect, you must be served. One can either hire someone to do this service, or ask the sheriff. My ex had the sheriff serve me the papers. The deputy asks me if I have any firearms. I tell her yes. She tells me that I have 48 (or 72, not sure exactly) hours to choose between surrendering my firearms to a law enforcement agency or transfer, sell, or dispose of them. Since my ex's accusations were baseless, I thought I would have no trouble surrendering them to SDPD. I also naively thought that this is something they must do often, so it shouldn't be too hard to get them back. So yes, as a law abiding citizen, I brought my firearms to the local police station in order to comply with the law.

Well to me it sounds like you had a window where you could have gotten them real easy, but now things changed a little. I cant tell you where the "gun desk" is, but i can tell you that property is where you need to start. Most places will let you in and you can talk to one of the property officers who run the evidence rooms, and they'll usually help you out. With no calls back I would be highly suspect that any calls are getting through. Go into the PD and ask to speak to someone from property, they'll either come to you or send you to the property office. If that doesnt work ask an officer.

Did you ask what they meant by "surrendering"? They should have told you everything at that moment what would happen to them if you surrendered them. Did they say how long they would keep them? If you would get them back? If they would deemed "confiscated"?

Sounds like a problem you have but I hope you get it figured out. If it were me, I would be at the PD every single day until I had them back. You need to physically confront someone from property, and until you do the situation isnt going to get any better

[SilverTauron]

Are you serious? This is what happens: One party files a restraining order against another. In order for this to take effect, you must be served. One can either hire someone to do this service, or ask the sheriff. My ex had the sheriff serve me the papers. The deputy asks me if I have any firearms. I tell her yes. She tells me that I have 48 (or 72, not sure exactly) hours to choose between surrendering my firearms to a law enforcement agency or transfer, sell, or dispose of them. Since my ex's accusations were baseless, I thought I would have no trouble surrendering them to SDPD. I also naively thought that this is something they must do often, so it shouldn't be too hard to get them back. So yes, as a law abiding citizen, I brought my firearms to the local police station in order to comply with the law.

I offer this advice to any gun owner with dealings towards women;if there is ANY possibility that a woman may even THINK about reporting you to the authorities for domestic violence or any topic therein , I would proceed directly to the local authorities and request to document the incident immediately with the cops.

As soon as cupcake starts swearing at you in text or on the phone, play the nicest wussiest man that you can , end the call as civilly as possible, and drop what your are doing and hotel alpha to the the local police station ASAP. This is not mall ninja or internet keyboard jockey BS, I know because Ive had to do just that to keep by butt out of jail .

I took a girl out for lunch as friends and she got pissed because I didn't immediately offer to pay for her $7.00 meal. I made it clear that I was not going to automatically offer to fund her meal on the basis of her being a girl.On the way home I inform her that I have a concealed weapons permit and that I was carrying , as I did not wish to leave the vehicle and risk complications if she saw my gun accidentally without explaination, and the last thing I wanted was for her to lose it or think I was someone of 'ill repute'.

After explaining the matter she said she didn't have an issue with it, I was OK, and that she agreed it was a wise thing to do even in 'peaceful' SD.

I drop her off and she's normal, not angry or anything of the sort. 3 hours later out of the blue she accuses me via text of being threatening and pulling a gun on her and all these wild and false statements. I dropped the book I had in my hands and drove directly to the local police station, phone in hand and text thread open for viewing , to file a report on what transpired in case she decided to take matters to 'the next level'.

The LEO asks for my ID and carry permit, gets my side of the story, I explain events to him and show him my unmolested cell phone with her hostile texts and my noncomittal responses. He takes my mobile and goes to a different room. After a nervous 20 minutes he comes out and explains to me that he got her on the phone and understood that her story didn't add up, and that I did the right thing and to be extremely careful who I inform regarding firearms. The LEO was a straight shooter, we left on good terms and I had his card for future contact just in case.

That situation ended well, but had she beat me to the police station I could be wearing a prison jumpsuit right now, and I live in what folks would call a "free state" compared to some places. Bottom line,I do not share that story to gloat or dance in your misfortune. I share it to hopefully keep you out of trouble in the future when your gun collection is someday rebuilt.

Good luck getting on your feet, and I apologize in advance if my post appears to be preachy or arrogant in tone.

[bruss01]

The term Pyrric Victory comes to mind in this situation. In the original poster's position I would pull my chips and walk away.

I hear what you're saying, the question is, is it about the guns or is it about the money? If it's just about money OH WELL just shrug and walk away is the cheapest option. If the OP is short on cash and really doesn't care about decent guns being destroyed "just because they can" that is the route he will no doubt go. If he's doing fine financially and cares about seeing usable guns wantonly destroyed, he might feel compelled to make that battle a difficult one for them.