Law Enforcement Gun Release - LEGR - how to get your guns back from PD

[Librarian]

(The "Gun" part has dropped out of the title, so it's really LER these days, not LEGR.)

There are several ways your guns may come into possession of the police/sheriff. Some examples are

- recovered stolen property
- seizure at a crime scene
- 'voluntary' surrender to comply with a restraining order

'Illegal' guns - unregistered CA 'assault weapons', various other things, will not be returned.

But many other guns can be returned.

Here's CA-DOJ's page https://oag.ca.gov/firearms/lerinfo

Beginning December 1, 2021, applicants must electronically submit a Law Enforcement Release (LER) application for the return of firearm(s), ammunition, and/or ammunition feeding device(s) via the California Firearms Application Reporting System (CFARS). Applicants that do not already have a CFARS account will be required to create an account in order to directly communicate with the Department and to check the status of an application.

The Department will no longer accept paper LER application (BOF 119) submissions. Paper applications received via US mail, UPS, FedEx., etc., postmarked after November 30, 2021, will be returned unprocessed with instructions on how to submit the application via CFARS.

and

The Law Enforcement Release process requires any person who claims title to any

firearm,
ammunition or
ammunition feeding device

that is in the custody or control of a court or law enforcement agency and who wishes to have the aforementioned items returned, to submit a LER Application form to the California Department of Justice (the Department) to determine eligibility to possess a firearm, ammunition and/or ammunition feeding device. (Penal Code section 33850)
LER Application Submission Process

Individuals seeking the return of a firearm, ammunition and/or ammunition feeding device that is in the custody or control of a court or law enforcement agency must submit a LER Application along with the appropriate fees to the Department.

Additionally, if an individual is seeking the return of a long gun purchased prior to January 1, 2014 which has not been subsequently recorded in their name by either a self reporting application, or registered as an assault weapon or .50 BMG rifle, should submit a Firearms Ownership Report application (BOF 4542A), pdf , along with the appropriate fees.
[ I believe the Report of Firearms Ownership is also a CFARS function. ]

An eligibility check will be conducted to determine if the applicant is lawfully eligible to possess firearms, ammunition and/or ammunition feeding devices.

-- A notice of the results will be sent to the applicant via U.S. mail.
-- The notice must be presented to the court or law enforcement agency within thirty (30) days of the date of the notice.
-- Notices over 30 days are considered expired.

--If you allow your notice to expire, you will need to submit a new application and fees to initiate a new eligibility check.

If the agency has also taken revolvers or pistols, those must also be registered/in the Automated Firearms System before they may be returned. See https://leginfo.legislature.ca.gov/f...er=2.&article=

Some agencies have been reported to take less-than-sterling care of firearms in their custody.

Some agencies have been reported to decide such guns are 'abandoned' under PC 34000(a)

34000.

(a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is

-- an exhibit filed in any criminal action or proceeding which is no longer needed or
-- is unclaimed or abandoned property,

which has been in the possession of the officer for at least 180 days, the firearm shall be sold, or destroyed, as provided for in Sections 18000 and 18005.

Consult your attorney, but some formal written notice to the agency holding your property, that you are still interested in it and intend to follow the LER process when that is allowed by the court, might be necessary to prevent destruction.

Note that under current (August 2022) CA law, large-capacity magazines might be destroyed as nuisances (PC 32390); that section is NOT enjoined by current court cases.

[p7m8jg]

You HAVE to call them or go online to see what procedures they follow.

If you're not willing to hire a lawyer (at your expense) and fight them toe to toe, then you need to completely and totally understand their online-stated procedures.

Some agencies are cooperative and understanding. Did you get committed under W&I 5150 and wish to transfer your current firearm inventory to a family member who is otherwise eligible to receive them? Ok, that's fine, but the agency needs to know that sooner rather than later.

Other agencies I've seen think " Screw you." In xxx number of days e're going to burn these confiscated guns without a judges order just like we did the SWAT rifle that was negligently fired on the rifle range and shot off a deputies leg at the knee. That rifle was burned in a campfire to "purge" the agency of any "voodoo" bad juju. After that, the County ruled the negligent shooting "accidental" even without the rifle used in the negligent shooting.

Fight for your guns, or don't. It's your decision.

[pacrat]

The Department will no longer accept paper LER application (BOF 119) submissions. Paper applications received via US mail, UPS, FedEx., etc., postmarked after November 30, 2021, will be returned unprocessed with instructions on how to submit the application via CFARS.

AND THEN;

-- A notice of the results will be sent to the applicant via U.S. mail.
-- The notice must be presented to the court or law enforcement agency within thirty (30) days of the date of the notice.
-- Notices over 30 days are considered expired.

--If you allow your notice to expire, you will need to submit a new application and fees to initiate a new eligibility check.

And then the same duplicitous bastards, waste up to 10 of YOUR 30 DAYS.

SNAIL MAILING THE NOTICE BACK TO YOU

Plus Bonta and DOJ maliciously totally ignoring this relevant STATUTE.

33865. (a) When the Department of Justice receives a completed
application pursuant to Section 33850 accompanied by the fee required
pursuant to Section 33860, it shall conduct an eligibility check of
the applicant to determine whether the applicant is eligible to
possess a firearm.
(b) The department shall have 30 days from the date of receipt to
complete the background check, unless the background check is delayed by circumstances beyond the control of the department.
The applicant
may contact the department to inquire about the reason for a delay.

Typically the overpaid incompetent desk monkeys at DOJ. Take in excess of 6 mo. to reply to LEGR applications.

The underlined disclaimer is moot, in the statute. Since the entire LEGR process is CONTROLLED BY DOJ. There is NOTHING BEYOND THEIR CONTROL, in relation to LEGR APPLICATIONS.

Another egregious and ongoing act of Ca-DOJ to deny 2A RIGHTS of ownership/possession. To as many law abiding Ca citizens as possible.

[Exasmg]

AND THEN;




And then the same duplicitous bastards, waste up to 10 of YOUR 30 DAYS.

SNAIL MAILING THE NOTICE BACK TO YOU

Plus Bonta and DOJ maliciously totally ignoring this relevant STATUTE.



Typically the overpaid incompetent desk monkeys at DOJ. Take in excess of 6 mo. to reply to LEGR applications.

The underlined disclaimer is moot, in the statute. Since the entire LEGR process is CONTROLLED BY DOJ. There is NOTHING BEYOND THEIR CONTROL, in relation to LEGR APPLICATIONS.

Another egregious and ongoing act of Ca-DOJ to deny 2A RIGHTS of ownership/possession. To as many law abiding Ca citizens as possible.

So does this mean that it'll take 10 days to process the release and then a few more days to get the release notice mailed to the applicant?

Does anybody have any first hand experience that can shed some light on this tedious process?

Thank you all

[MountainLion]

As usual, Pacrat was just foaming at the mouth. His "10 days" comment is supposed to mean this: Once CA DoJ has completed the processing the application, they prepare a letter. That letter is valid for 30 days from the moment it is prepared. That letter is mailed to the applicant, via USPS. Pacrat claims that USPS first class within California might take 10 days, thereby wasting 10 of the 30 days. Pacrat rarely knows what he's talking about, but whatever it is, he's VERY angry.

Now, the processing time from when the applicant completes the form on CFARS to when DoJ sends out the letter seems to be running around 2 to 6 months, judging by stories one reads on various gun forums. I've recently assisted a few friends retrieving their guns after their ROs were lifted, but they had all brought their guns to FFLs instead of LE agencies, and that is much faster, as only a court order is required, not the DoJ LER form. No recent experience with LER.

And before Pacrat starts raving again: If the "out of DoJ's control" statement were as simple and clear-cut as he claims, then thousands of people should have won their lawsuits against the DoJ. The various gun rights advocacy organizations like FPC, CRPA and SAF should all be rolling in dough from those lawsuits. Alas, that's not reality.

[edgerly779]

I have an ar15 that ventura county sheriffs recovered 7 years ago still in evidence trying to get back. I call every couple weeks to check. Property people nice the narco detectives not. Will not tell me why still in evidence.

[flyer898]

Criminal cases and their progress through the courts is public information and you should be able to follow the progress of the case.
If no defendant has been charged, it is likely the statute of limitations has run and charges cannot be brought. The rifle is no longer relevant evidence and must be returned.
If charges have been filed, the case is over once there is a conviction or acquittal, and the time to appeal has run or the appeal decided. The rifle is no longer relevant evidence and must be returned.
You probably need a lawyer to file a motion for return of property. I have not personally dealt with this in many years. Penal Code section 1538.5 may be applicable.

[Jimi Jah]

What if the lawyers cost more than the gun?

[MountainLion]

I have an ar15 that ventura county sheriffs recovered 7 years ago still in evidence trying to get back. I call every couple weeks to check. Property people nice the narco detectives not. Will not tell me why still in evidence.

What does "will not tell me" mean? Have you tried requesting the return in writing, with a demand for an explanation if it can't be returned?

[RickD427]

Criminal cases and their progress through the courts is public information and you should be able to follow the progress of the case.
If no defendant has been charged, it is likely the statute of limitations has run and charges cannot be brought. The rifle is no longer relevant evidence and must be returned.
If charges have been filed, the case is over once there is a conviction or acquittal, and the time to appeal has run or the appeal decided. The rifle is no longer relevant evidence and must be returned.
You probably need a lawyer to file a motion for return of property. I have not personally dealt with this in many years. Penal Code section 1538.5 may be applicable.

Court calendaring information is readily available. Some court documents are not. But the biggest problem is that the courts are not bound by the Public Records Act so may have to work through local court processes to get the information.

The LE agency needs some source of legal standing to keep the rifle. Ordinarily, that would be because the rifle is evidence in a criminal proceeding. The expiration of the Statute of Limitations, as well as the conviction/acquittal of the defendants in the case would normally end the proceedings. But there are circumstances that would "Toll" (a legal "Time Out") the Statute of Limitations.

The best practice is to write a letter to the LE agency requesting the return of the firearm, in addition to the return request, also clearly state that you do not intend to "abandon" the firearm to their possession. Penal Code section 34000 allows LE agencies to destroy firearms that have been left in their possession for more than 180 days, following the conclusion of the corresponding case, as having been abandoned. Repeat that process within each 180-day window of time. Use certified mail, reference your prior letters within each correspondence, and utilize the agency's complaint process if you do not receive a reply to your correspondence.

[SVT-40]

I have an ar15 that ventura county sheriffs recovered 7 years ago still in evidence trying to get back. I call every couple weeks to check. Property people nice the narco detectives not. Will not tell me why still in evidence.

Make an appointment with a supervisor. WALK IN and make the request at the station where the rifle is. You're not trying hard enough.