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"Legal" gun collection confiscation

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  • fmxmyway
    Member
    • Aug 2007
    • 485

    "Legal" gun collection confiscation

    A little background on this question. My grandpa passed away from natural causes a little more than 6 months ago. He lived 70 miles east of San Diego by the border, so it was a dangerous area, drug runners, etc. He was by himself when he passed away and I guess it is standard protocol for the sheriffs department to confiscate all guns on site. He had close to 40 guns confiscated, some of which had 30 round magazines and were in the non-california modified versions (he bought all these mags and guns 14 plus years ago when they were legal in the state of California). The Sheriff told me that eventually, an investigator will call me to release the guns, if I want them. The sheriff knew that I was currently in the hiring process for a couple of 3 letter LE agencies and suggested that because of this, it might just be better to let them keep the guns.

    So my question is will they ever reach out to my family to return the guns? I was to understand if they do not do it before a certain time then they end up destroying or keeping the firearms. Thank you in advance for your time and knowledge.
  • #2
    fullrearview
    Calguns Addict
    • Jan 2008
    • 9371

    Keep bugging them about it. It shouldn't matter to your potential department. If your gun "collection" is an issue to them, would you really want to work for them?

    Who was listed as next of kin?
    "Always do right. This will gratify some people and astonish the rest."~M.Twain~

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    • #3
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44093

      Sounds like someone in the dept either wants something in the collection or just believes that guns are evil. Either way, keep bugging them and get EVERYTHING shipped to am OOS FFL to transfer to the new OOS owner who you either sell or give them to.
      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
      California DOJ Certified Fingerprint Roller
      Ventura County approved CCW Instructor
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      Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

      sigpic
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      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44652

        In the meantime, try to get an inventory from them of what they're holding. PC 33800 says
        (a) When a firearm is taken into custody by a law
        enforcement officer, the officer shall issue the person who possessed
        the firearm a receipt
        describing the firearm, and listing any serial
        number or other identification on the firearm.
        (b) The receipt shall indicate where the firearm may be recovered,
        any applicable time limit for recovery, and the date after which the
        owner or possessor may recover the firearm pursuant to Chapter 2
        (commencing with Section 33850).
        (c) Nothing in this section is intended to displace any existing
        law regarding the seizure or return of firearms.
        They will require a LEGR - Law Enforcement Gun Release, http://oag.ca.gov/sites/all/files/pd...orms/legr.pdf? - so you might as well get that set up. (The DOJ web page is not updated with the current PC numbering - 12021.3 is now 33850)
        Last edited by Librarian; 10-27-2012, 2:09 PM.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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        • #5
          IrishJoe3
          Veteran Member
          • Feb 2009
          • 3804

          Originally posted by fullrearview
          Keep bugging them about it. It shouldn't matter to your potential department. If your gun "collection" is an issue to them, would you really want to work for them?

          This!!!
          Urban legends are a poor basis for making public policy.

          Comment

          • #6
            veeklog
            Senior Member
            • Dec 2006
            • 1040

            It doesn't even matter to the three letter agency, so I would get the guns back legally

            Comment

            • #7
              Falconis
              Senior Member
              • Feb 2008
              • 1688

              Yup, get them all back and if possible, have them ship all the non compliant stuff to a friend or relative out of state. Let me us know what happens.

              Comment

              • #8
                Ron-Solo
                In Memoriam
                • Jan 2009
                • 8581

                Originally posted by fullrearview
                Keep bugging them about it. It shouldn't matter to your potential department. If your gun "collection" is an issue to them, would you really want to work for them?

                Who was listed as next of kin?
                Right

                Originally posted by CSACANNONEER
                Sounds like someone in the dept either wants something in the collection or just believes that guns are evil. Either way, keep bugging them and get EVERYTHING shipped to am OOS FFL to transfer to the new OOS owner who you either sell or give them to.
                Wrong. I don't know where people get this insulting idea that LE can, or does, obtain property in this manner. There is no law that allows this.
                LASD Retired
                1978-2011

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

                Comment

                • #9
                  RickD427
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Jan 2007
                  • 9264

                  Originally posted by Ron-Solo
                  Right



                  Wrong. I don't know where people get this insulting idea that LE can, or does, obtain property in this manner. There is no law that allows this.
                  Ron,

                  I wish that you were right on this one. But isn't this exactly the sort of thing that Sheriff Floyd Tidwell of San Bernadino County got convicted of not too long ago? Here's a link:

                  A judge sentences the former San Bernardino County sheriff for concealing 523 guns he took while in office. Prosecutors object.
                  If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                  Comment

                  • #10
                    fullrearview
                    Calguns Addict
                    • Jan 2008
                    • 9371

                    Originally posted by RickD427
                    Ron,

                    I wish that you were right on this one. But isn't this exactly the sort of thing that Sheriff Floyd Tidwell of San Bernadino County got convicted of not too long ago? Here's a link:

                    http://articles.latimes.com/2004/dec...al/me-tidwell1
                    Key word.

                    Not directed at you, but in general:

                    No gun is worth my career. As much as I like guns, they are still just a tool. I can buy/sell/trade, tools. I could own the most valuable firearm in history and it WOULD get used. I don't own a lot of guns because I don't need a lot of tools... But ALL my tools get used.
                    "Always do right. This will gratify some people and astonish the rest."~M.Twain~

                    Comment

                    • #11
                      SoCal326
                      Senior Member
                      • Oct 2011
                      • 1098

                      Wow, the guy stole over 500 guns and only got a fine and probation. What would happen to a regular guy if he stole just one?

                      Comment

                      • #12
                        Eldraque
                        Senior Member
                        • Aug 2012
                        • 1984

                        40 guns, with legal 30 rd mags. hell yes u need to take ownership of them

                        Comment

                        • #13
                          Librarian
                          Admin and Poltergeist
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 44652

                          Originally posted by fmxmyway
                          He had close to 40 guns confiscated, some of which had 30 round magazines and were in the non-california modified versions (he bought all these mags and guns 14 plus years ago when they were legal in the state of California).
                          Originally posted by Eldraque
                          40 guns, with legal 30 rd mags. hell yes u need to take ownership of them
                          If some of those turn out to be unregistered 'assault weapons', they are likely gone for good.

                          If some were registered, if they were 'by name' they could be shipped out of state, but may not remain in CA.

                          If they were 'by feature' but registered, might be converted to OLL with magazine lock configuration, or featureless configuration, and then UN registered, and kept here.

                          30 round mags probably also gone for good - illegal to give them, PC 32310 - a bequest is a giving.
                          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                          Comment

                          • #14
                            CSACANNONEER
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Dec 2006
                            • 44093

                            Originally posted by Ron-Solo
                            Wrong. I don't know where people get this insulting idea that LE can, or does, obtain property in this manner. There is no law that allows this.
                            Ron,
                            I've personally known a lawyer for one CA LEA who had a court order to release a firearm, which he had just purchased from a client, to him. A major CA LEA had possession of it and, even with the court order, the person in charge of evidence at that location, first lied and said it had been moved from that facility and destroyed. Then, a couple hours later, admitted it was there and still refused to release it. It took a call from the judge who issued the order to get it released. Then, it took a second call from the judge to get the holster, magazines and ammo released. I never did learn why the employees at this particular station wanted to keep a two week old Kimber. Did someone there think they could end up with it? Did the person in the evidence room not like firearms enough to risk a contempt charge? I don't know the answers. But, I have no reason not to believe the attorney who had to go though this about 7 years ago.
                            NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                            California DOJ Certified Fingerprint Roller
                            Ventura County approved CCW Instructor
                            Utah CCW Instructor


                            Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                            sigpic
                            CCW SAFE MEMBERSHIPS HERE

                            KM6WLV

                            Comment

                            • #15
                              Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              Originally posted by RickD427
                              Ron,

                              I wish that you were right on this one. But isn't this exactly the sort of thing that Sheriff Floyd Tidwell of San Bernadino County got convicted of not too long ago? Here's a link:

                              http://articles.latimes.com/2004/dec...al/me-tidwell1
                              Incidents such as Tidwell are an anomaly. Too many members jump in here and immediately insinuate or accuse LE of taking guns every time this is mentioned, without any justification. It gets old real fast.
                              LASD Retired
                              1978-2011

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

                              Comment

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