I need advice please

[AyrtonSenna12]

will do thank you

[1CavScout]

Like was already stated, it sounds like they took it for safe keeping. It sounds like they did you a favor by leaving your vehicle at the scene, but they are not going to leave a weapon in it. I would contact the arresting agency about getting it released.

[wattspd]

I really wouldn't worry about your rifle at this moment. Your concern should be that dui charge your facing. The real advice that you need at the moment is save your money because things are going to get real expensive real quick. Get legal representation for both matters.

[Ron-Solo]

Did they give you a receipt for the gun?

Often it will be listed on the booking slip, depending on the agency. LASD uses a "Booking and Property Report" form that many agencies in LA Co also use if they book into the AJIS System.

If you were cited and released they had no right to take it in the first place. A DUI has nothing to do with a rifle in your vehicle and if they had any evidence then you woukd have been charged right there. Go to the station and get it released back to you

Taco, you couldn't be further from a right answer. Leaving something of value, especially a rifle, in an arrestee's vehicle is negligence. also, evidence is often held pending an investigation. Charges don't have to be filed right away.

The OP is going to need a LEGR to get the gun released. This is state law, and the LEA doesn't have a say in it. Blame the State Legislature, not law enforcement.

OP, contact the agency before filing the LEGR with DOJ. They have a limited shelf life and if you file for it before the gun is ready for release you are wasting your time and money. The agency will be able to tell you if there are any holds on the gun. Please don't drink and drive. You are playing Russian Roulette.

Taco, please refrain from posting in the LE forum if you are not LE. If you are LE, you need more training. You were 100% wrong on every aspect of your post.

[Heiko]

I love the "they can't do that!" posts. Awesome. Thanks for the rationale explanation Ron. You were very nice in your response.

OP: Additional advice, aside from not driving under the influence, don't "forget" anything of value, much less a firearm, is in your vehicle. You're lucky your car didn't get burglarized and the rifle stolen since you stated you left it from the previous day.

[Che762x39]

I was pulled over for DUI ...

First thing first. You have a drinking problem, get that fixed. I recommend AA and take care

[RickD427]

I was pulled over for DUI i had a black long rifle in my back seat locked up. My ticket just says DUI and Misdemeanor.... they took the gun as evidence can someone tell me if i will charged with a felony gun charge i am extremely worried i will lose my firearm privileges. I know i am stupid but i picked up the gun the day before and forgot to take it out of my car any info would be greatly appreciated. there was no ammo in the car

Sir,

Are you sure that the rifle was taken as "Evidence"?

If the weapon were in a legal configuration, and legally carried, the other information in your post suggests that it was taken as your personal property.

When you're taken into custody, the arresting officer becomes responsible for the safekeeping of your property. It's an accepted practice to leave a motor vehicle parked and locked as an alternative to towing and storing, provided that it's in a safe location and legally parked. It's not acceptable to leave high-value items and firearms in a vehicle.

My former agency paid out big bucks after deputies stopped a "loud mouth lawyer" for DUI who was driving a nice Porsche in front of the Imperial Courts Housing Project. They agreed to leave his Porsche "parked and locked" on Imperial Highway with the understanding that he would be shortly released from the Sheriff's Station a short distance away and could walk back to his car. The lawyer was drunk when he "agreed" to this, that was the whole idea behind the DUI charge. Can you imagine the rest of the story?

If the firearm were listed on your property receipt, that's a pretty sure sign that it was not taken as evidence (evidence items are not listed on the property receipt (at least in L.A. County)).

Just from the information in your posting alone, it sounds like the officers acted properly in taking the rifle. Of course, the law now requires a LEGR Letter in order for the agency to return it to you. Nothing simple about that one, blame your elected reps.

TacoBandit - Ron Solo was kind to you with his remarks. You don't know what you're talking about and your advice is far from being helpful.

[SonofWWIIDI]

Stop drinking and gettin behind the wheel!

Call a cab! Take the bus! Get a ride! Walk!

[nickbackouris]

Keep an eye out in the sale forum for a rifle for sale. Court fees are expensive, let alone the total cost of a DUI.

Call a lawyer. The amount of negligence articulated in your original post frustrates me, and should frustrate others as well. "Forgetting" about a rifle in your car, then drinking and driving.

Every time I've ever taken a 459v where someone "forgot to take a gun out of the car" I nearly lose my mind. Gun ownership is a privelage maintained through saftey and good decisions. It's the habit of this state that one bad decision should affect everyone. You should be thankful for two things:

1. You gun is now in a safe place where it can't be stolen

2. You didn't kill yourself or anyone else while driving impared.

[SVT-40]

On another note..."AyrtonSenna12" arrested for DUI.....

I guess that ends his F1 career......

[CenterX]

Contact a good DUI attorney that is also pro 2nd amendment.

Best of fortune for you.

[Tacobandit]

No i am not 100% wrong and ive been an leo over 10 years jack...OP stated he was given a ticket for DUI, in my agency when we give a ticket for DUI that means they were released to a responsible party. If the OP was booked into jail then yes I could see them taking the rifle and not leaving it in the vehicle but my impression was that he was cited and released therefore no reason to take the rifle. Not everything in law enforcement goes by the way you do things...

Often it will be listed on the booking slip, depending on the agency. LASD uses a "Booking and Property Report" form that many agencies in LA Co also use if they book into the AJIS System.



Taco, you couldn't be further from a right answer. Leaving something of value, especially a rifle, in an arrestee's vehicle is negligence. also, evidence is often held pending an investigation. Charges don't have to be filed right away.

The OP is going to need a LEGR to get the gun released. This is state law, and the LEA doesn't have a say in it. Blame the State Legislature, not law enforcement.

OP, contact the agency before filing the LEGR with DOJ. They have a limited shelf life and if you file for it before the gun is ready for release you are wasting your time and money. The agency will be able to tell you if there are any holds on the gun. Please don't drink and drive. You are playing Russian Roulette.

Taco, please refrain from posting in the LE forum if you are not LE. If you are LE, you need more training. You were 100% wrong on every aspect of your post.

[DEPUTYBILL]

Even if cited and released, your not going to give the gun back to him when released. And I sure would not leave it in the vehicle. If you give it to someone else other than the owner, you would have to confirm that the person was not a prohibited person as well. I would take it and book it for safe keeping. If your are going to drunk drive with guns in your car, you have no one to blame but yourself if you have them taken from you!

[RickD427]

No i am not 100% wrong and ive been an leo over 10 years jack...OP stated he was given a ticket for DUI, in my agency when we give a ticket for DUI that means they were released to a responsible party. If the OP was booked into jail then yes I could see them taking the rifle and not leaving it in the vehicle but my impression was that he was cited and released therefore no reason to take the rifle. Not everything in law enforcement goes by the way you do things...

Tacobandit,

OK, you're right. It is legally possible to release a DUI driver on a citation. I've done it in some very special cases. Like where the driver is in the hospital and unable to move. Most larger agencies are very reluctant to endorse that practice and for good reason. Two quick questions:

If your agency allows the practice, how do protect your agency against liability for any damage the impaired driver may cause after the release (please refer to Green v City of Livermore). Are you really going to place your employing agency's liability in the trust of the so-called "responsible party"?

How would you propose the LE agency release the rifle to the OP without completion of the LEGR?

[Tacobandit]

Even if cited and released, your not going to give the gun back to him when released. And I sure would not leave it in the vehicle. If you give it to someone else other than the owner, you would have to confirm that the person was not a prohibited person as well. I would take it and book it for safe keeping. If your are going to drunk drive with guns in your car, you have no one to blame but yourself if you have them taken from you!

Thats fine if thats how you want to do it but like i said theres not just your way to do law enforcement. The only time im obligated to confiscate a firearm is domestic violence or RO related.