Unconfigured Ad Widget

Collapse

LEGR question. Incorrect serial number on DROS

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Phouty
    Member
    • Jul 2010
    • 414

    LEGR question. Incorrect serial number on DROS

    So, due to some highly unusual and incredible circumstances, my gun collection fell into black hole of local PD for so called 'protection'.
    (At this point of time I'm not willing to disclose more details due to possible (?) 4th Amendment violations by my local PD. Should I contact our Calguns attorneys? Not sure, because it's 'my word' against the word of 3 cops. Don't have any audio or video to prove my 'word'. The whole incident was not crime related, but officers were just 'investigating').
    Enough to say, that misinformed or (hope not) ill disposed police officer taking my guns away tried to convince me, that I would be able to get them back ASAP from PD custody without filing LEGR forms with the CA DOJ.
    Wish he was right!
    Today, while filling out the large amount of copies of LEGR forms I discovered in horror, that one of my most priced antique guns was DROSed with incorrect serial number at the time i bought it over 4 years ago.

    Here is my question:
    Should I use correct serial number on the LEGR form, or use the same incorrect S/N which was entered on DROS? (I do have the copy of DROS and the receipts. However copy of PD 'Weapon Seizure Receipt' bears correct serial number).

    Or should I provide both serial numbers and attach some explanation with the LEGR form?

    In addition, one of the handguns did not belong to me. Do I understand correctly, that I can't claim it on LEGR, and the owner should do it himself?
    For whatever reason he is reluctant to do it, but of course I'm willing to compensate him for the gun, which is also over 100 year old antigue in excellent condition. (No, I'm not a millionare, but just an honest guy. Paying for the gun would definitively create a financial hardship for me). However it would be a pity that a fine antique piece might end up in a scrap metal pile!

    Please help with some advice what to write down on that LEGR form!

    I'm traumatized! I feel like being raped and robbed. Strange feeling, especially that I've always kept LEOs in very high regard! I'm not a youngster, but almost retired 'stern member of the community'.

    One more thing....my brains are virtually frozen and I'm unable to think clearly.
    The LEGR fee for say (not actual quantities) 15 long guns and 15 handguns would be $62? Am I correct?
    ($20 for all long guns and first handgun, plus $42 for remaining 14 handguns).
    The explanation on LEGR is somewhat confusing.
  • #2
    littlejake
    Senior Member
    • Aug 2008
    • 2168

    Just a guess -- I think you list the SN on the 'Weapon Seizure Receipt' which is the correct one for the arm.

    I would still contact CGF attorneys.

    BTW -- you did a good job of stating the problem without giving away too much info. Kudos.

    Hopefully someone smarter than I will come along.
    Life Member NRA and 2A Foundation.
    My posts are my own opinions and do not reflect those of any organization I am a member of.
    Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

    "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
    William Pitt (1759-1806)

    Comment

    • #3
      Phouty
      Member
      • Jul 2010
      • 414

      Thank you littlejake for a kind word, and sorry for the delay in answering.....f***ing computer has decided to quit working (my luck of course)....it's okay now.
      Could you please explain your point in reasoning for writing the actual S/N on the LEGR?
      (Law Enforcement Gun Release Application).
      My train of thoughts is as follows:
      The serial number from DROS was entered into CADOJ computers. If I used the actual serial number, there would be a mismatch in their database, thus 'application denied' status.
      Yes, I'm fully aware (assuming DOJ would send a 'golden seal' release approval letter to me), that another 'mismatch' would occur at the PD, if the officer in charge of releasing property noticed a discrepancy between S/N of actual gun, and the different serial number listed on the 'golden seal' letter from DOJ!
      Never before such a situation had happened to me, so all my 'knowledge & experience' comes from the internet research I just did.
      It looks like a typical catch-22 to me! Damned if you do, damned if you don't!
      What is the best way to contact 'our' attorney?
      Appears that the office of Jason Davis would be a perfect choice, especially taking my location in Orange County into account.
      How to contact his office?

      Here it comes again......I just clicked "submit replay" and nothing had happened.....'the website is down for a brief maintenance' as the message shows. Who the **** just put a curse on me?
      Kamala Harris ()...is it you?
      (All right....I'm seriously depressed, but fortunately my 'survival instinct' kicks in...smile...trough tears....).

      Comment

      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        Well, you said the gun with the incorrect SN on DROS was an antique. That has a defined meaning with respect to firearms. To be an antique means made before 1899 as defined in the GCA of 1968; and the state follows that definition. Being 100 years old does not make it antique. True antiques, for the purpose of transfer, do not require an FFL. That said, if acquired from a dealer, I believe he still has to do a DROS.

        Here's where my knowledge is very thin -- there's no requirement that a gun other than a RAW be registered. There are many unregistered handguns in CA; most were transferred before 1/1/1991 when using a dealer became mandatory. If truly defined as antique, no dealer is required for transfer. Filing the LEGR to match the gun being returned makes sense to me -- at least as far as the property clerk who holds it in impound. (Yes -- not everything makes sense when it comes to the laws.) You may indeed be in a catch 22. That's why you need legal advice from a competent attorney.

        Yes - Jason Davis is your man. I keep his phone number on speed dial; and his card in my wallet. I too am not a rich man; but, I would still choose to spend a few $ to get advice on this. In fact, I would have called Jason when LAW enforcement was at my property. Of course his first advice would have been to say nothing.
        CLICK HERE TO SCHEDULE AN APPOINTMENT Jason@CalGunLawyers.com T: 949.310.0817 F: 949.288.6894 ORANGE COUNTY, CA OFFICE THE DAVIS LAW FIRM 27201 Puerta Real, Suite 300 Mission Viejo, CA 92691 HAVE A…

        1-949-436-4867

        Kindest regards,

        Jake
        Last edited by littlejake; 01-13-2013, 4:09 AM. Reason: at contact info for Jason Davis
        Life Member NRA and 2A Foundation.
        My posts are my own opinions and do not reflect those of any organization I am a member of.
        Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

        "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
        William Pitt (1759-1806)

        Comment

        • #5
          Phouty
          Member
          • Jul 2010
          • 414

          You're right. I used the term 'antique' a little bit too optimistically.
          And yes, I just contacted Jason Davis by mail.
          Thank you one more time for making me do it!

          Comment

          • #6
            Ron-Solo
            In Memoriam
            • Jan 2009
            • 8581

            Contacting the property custodian at the local pd might help also. They will be the one processing the actual release.

            Many LEO, especially if they have been on the job a while, may be unfamiliar with the LEGR requirement, since it is fairly new. Before the LEGR requirement, it was up to the detective handling the case or the property custodian to handle the release. When I worked at a station, I handled many releases, but it was before the LEGR requirement.

            Contacting Jason Davis is NEVER a bad idea.
            LASD Retired
            1978-2011

            NRA Life Member
            CRPA Life Member
            NRA Rifle Instructor
            NRA Shotgun Instructor
            NRA Range Safety Officer
            DOJ Certified Instructor

            Comment

            • #7
              wildhawker
              I need a LIFE!!
              • Nov 2008
              • 14150

              Stop posting at CGN and contact Jason Davis. Tell him that I told you to reach out; he'll evaluate your matter and let us know if we can help directly.

              -Brandon
              Brandon Combs

              I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

              My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

              Comment

              Working...
              UA-8071174-1