Stolen rifles recovered by PD

[VinnieD]

My grandfather had 4-5 rifles stolen from his house 35-40 years ago. He filed a police report with the makes and models on the report but no serial numbers as the guns were much older and he did not have the serial numbers written down anywhere. We know it was family who did it but could never prove it. Well about 10 years those family members got in trouble for something and there were firearms confiscated by PD. My grandfather named all the guns he had stolen and they were amongst the ones confiscated from the family. PD was able to dig up his old police report and saw the makes and models on there matched. But since he didn't have the serial numbers at the time they were stolen or now, they said he can't get them back. Even though the exact makes and models match up. Is there any way around this? Some of these guns were purchased 40-60 years ago so he has no paperwork anywhere. And some were purchased by my great grandfather. Any help or suggestions would be much appreciated. My grandfather would love to get these heirlooms back with our family. Thanks in advance!

[wildhawker]

http://www.calgunlawyers.com/faq/

California law has set up procedures on the return of firearms by law enforcement. All a firearm owner is required to do under the law is complete the Law Enforcement Gun Release Form, and submit it to the California Department of Justice in accordance with the instructions on the form and appropriate payment. If the California Department of Justice – Bureau of Firearms finds that you are not prohibited from possessing firearms, they will issue a letter with a “gold seal” to you stating that you are not prohibited from possessing firearms. Upon receipt, you must make an appointment with the respective law enforcement agency to pick-up your firearm.

However, on many occasions, the law enforcement agency refuses to return the firearms because they are not registered in the AFS or because their local policies require a “court order.” Such policies are illegal. Should this happen to you, please contact us immediately for assistance.

Additionally, some law enforcement agencies require “proof of ownership.” This too is unlawful and preempted by the State law on the return of firearms. Generally, the law enforcement agencies forgo such policies when presented with the following provisions of the California Evidence Code:

Evidence Code section 637: “Things which a person possesses are presumed to be owned by them.” They took the firearms from you, therefore they were possessed by you and are presumed owned by you. They are required to give you a property receipt when they seized your firearms. If they did, that is all you need. If they did not, they violated the law. Either way, the presumption is that you own the property.
Evidence Code section 638, which states “a person who exercises acts of ownership over property is presumed to be the owner of it.” Your previous possession and your seeking the return of the property are both acts of exercising ownership, and again, the presumption is that you own the firearms.
In some extreme situations, the law enforcement agency must be notified of Penal Code section 33885, which states: “In a proceeding for the return of a firearm seized and not returned pursuant to this chapter, where the defendant or cross defendant is a law enforcement officer, the court shall award reasonable attorney fees to the prevailing party.”
If an agency still refuses to return a firearm, then litigation may be necessary to enforce your rights to the firearm. It is recommended that this entire process be conducted by an attorney to protect the property owner from potential criminal prosecution, privacy rights, law enforcement intimidation tactics and harassment.

[Ron-Solo]

Were the firearms recovered 10 years after the 35-40 year ago theft or ten years ago from today? Your post is confusing. Either way, the possibility of the PD still having them in evidence or property is very unlikely.

[VinnieD]

@Ron-Solo- they were stolen from him about 35-40 years ago. And recovered by PD about 10 years ago. When they were recovered 10 years ago we inquired about getting them back but the Police Captain said they couldn't return them to us as we did not have the serial numbers

[VinnieD]

@wildhawker- thank you for the info. I will definitely start the process

[mej16489]

@Ron-Solo- they were stolen from him about 35-40 years ago. And recovered by PD about 10 years ago. When they were recovered 10 years ago we inquired about getting them back but the Police Captain said they couldn't return them to us as we did not have the serial numbers

Your first step would be to determine if they even still have them - very doubtful after 10 years.

[Che762x39]

My grandfather had 4-5 rifles stolen from his house 35-40 years ago. He filed a police report with the makes and models on the report but no serial numbers as ...

You know that is ancient history?

One of my favorite stories is when somebody wanted to report his pa's Colt 45 automatic was stolen (likely by a family member too) I asked for a serial number and Bubba Junior told me to call the Army they will have it! Bubba Jr did not know if it was Remington Rand, Ithaca, US&S, Singer or actually Colt.

[SkyHawk]

@Ron-Solo- they were stolen from him about 35-40 years ago. And recovered by PD about 10 years ago. When they were recovered 10 years ago we inquired about getting them back but the Police Captain said they couldn't return them to us as we did not have the serial numbers

The chances of them still being in PD custody are very slim. And since you waited so long, the chances of you winning a claim for damages also seems remote.

[VinnieD]

About 5 years ago PD still had the guns. They took pictures and showed them to us