LE Gun Release Proccess

[Phta135]

So I have tricky situation I got into..

I had left a hand gun and rifle at my friends house in Texas in august while I was out there hunting. Instead of flying with guns I decided to leave them there for deer season. However about two weeks ago my friend was flying out to California and since he has his own jet i asked him to bring my handgun back. He arrived on Wednesday and i planned to get it from him in Beverly hills on Friday, however him and his wife got into an altercation. My friend ended up getting charged with a Felony for domestic violence and they asked if he had guns and he said yes. He had my glock 19 that is drossed to me and a very expensive over under shotgun that was never purchased in California. After about a week of cold calling LAPD with a booking number I got a hold of the detective working against him. She was very polite and explained to me since the handgun was drossed to me all i had to do was get the DOJ letter for LE gun release with gold seal. and for the shot gun i had to submit firearm statement form to register to me then do the LE gun release form. So I have since got back the gold seal for the hand gun and the approved registration for the shotgun ( I just submitted the Gun release for the shotgun). The detective says shell find out where the gun is and get everything signed off so i can pick it up same day. After she calls me back she informed me the DA would not release firearms do to the nature of the case until he is found not guilty or found guilty.

My Question is how is this aloud when im not involved in the case? As well I thought them holding for safe keeping was only for the person that is in trouble. I have gotten a friends firearms when he was falsely accused of 5150 a neighbor. A few days after being taken in they just had a gun store pick them up and they released them to me.

[Phta135]

LE Gun Release Proccess

So I have tricky situation I got into..

I had left a hand gun at my friends house in Texas in august while I was out there hunting. Instead of flying with guns I decided to leave them there for deer season. However about two weeks ago my friend was flying out to California and since he has his own jet i asked him to bring my handgun back. He arrived on Wednesday and i planned to get it from him in Beverly hills on Friday, however him and his wife got into an altercation. My friend ended up getting charged with a Felony for domestic violence and they asked if he had guns and he said yes. He had my glock 19 that is drossed to me and a very expensive over under shotgun that was never purchased in California. After about a week of cold calling LAPD with a booking number I got a hold of the detective working against him. She was very polite and explained to me since the handgun was drossed to me all i had to do was get the DOJ letter for LE gun release with gold seal. He also had a shotgun with him that he brought to shoot clays with a few friends in Calabasas. since that one was confiscated also he asked for it to be gifted to me. The Detective said for the shotgun i had to submit firearm statement form to register to me then do the LE gun release form. So I have since got back the gold seal for the hand gun and the approved registration for the shotgun ( I just submitted the Gun release for the shotgun). The detective says shell find out where the gun is and get everything signed off so i can pick it up same day. After she calls me back she informed me the DA would not release firearms do to the nature of the case until he is found not guilty or found guilty.

My Question is how is this aloud when im not involved in the case? As well I thought them holding for safe keeping was only for the person that is in trouble. I have gotten a friends firearms when he was falsely accused of 5150 a neighbor. A few days after being taken in they just had a gun store pick them up and they released them to me.

[Phta135]

LE Gun Release Proccess

So I have tricky situation I got into..

I had left a hand gun at my friends house in Texas in august while I was out there hunting. Instead of flying with guns I decided to leave them there for deer season. However about two weeks ago my friend was flying out to California and since he has his own jet i asked him to bring my handgun back. He arrived on Wednesday and i planned to get it from him in Beverly hills on Friday, however him and his wife got into an altercation. My friend ended up getting charged with a Felony for domestic violence and they asked if he had guns and he said yes. He had my glock 19 that is drossed to me and a very expensive over under shotgun that was never purchased in California. After about a week of cold calling LAPD with a booking number I got a hold of the detective working against him. She was very polite and explained to me since the handgun was drossed to me all i had to do was get the DOJ letter for LE gun release with gold seal. and for the shot gun i had to submit firearm statement form to register to me then do the LE gun release form. So I have since got back the gold seal for the hand gun and the approved registration for the shotgun ( I just submitted the Gun release for the shotgun). The detective says shell find out where the gun is and get everything signed off so i can pick it up same day. After she calls me back she informed me the DA would not release firearms do to the nature of the case until he is found not guilty or found guilty.

My Question is how is this aloud when im not involved in the case? As well I thought them holding for safe keeping was only for the person that is in trouble. I have gotten a friends firearms when he was falsely accused of 5150 a neighbor. A few days after being taken in they just had a gun store pick them up and they released them to me.

[DVSmith]

Call Bruce Colodny's office and explain this to them and get their take on it. IANAL and don't play one on TV, but my guess is that it is now evidence. But, as I said, IANAL. https://www.gunlaw.com/

[RickD427]

It's allowed.

For what you've described, it sounds as if the DA is considering them as evidence in the case, or the DA has identified that the Glock 19 might not have been legally transferred, under federal law, to your friend with the jet (and the DV rap) and is holding it for transfer to an AUSA following the state case. Please refer 18 USC 922(a)(5).

That's a very different issue than keeping them for safekeeping.

All that a Gun Release Letter does is to communicate to the LE agency that the person it was issued to was legally able to receive the firearm on the date it was issued. It's still up to the LE agency to determine if the weapon may be properly released.

[Phta135]

Thanks, the only thing that is making think there is more to the story is why the y wont release them. Almost makes it sound like they are evidence or maybe that is what he threatened her with. I dont want to Know what happen but until I do I was assuming they were not being used as evidence and just being held as property. Normally i would count it as a lost cause but its a $3000 agency glock 19 with RMR and a $5000 shotgun.

[Phta135]

Any chance you can give me a call? still a little lost in your reply. And I dont know the details of the case however i am thinking there is more to the story and they are being used as evidence. I know they are not looking into it being illegal transfer since the detective working against me is being very helpful with getting them back. she has gone above and beyond helping me get everything in order to get them back. and the theory of illegal transfer wouldn't apply to the shotgun since it was his originally and he had his attorney write the detective a letter asking to gift it me. Im just trying to understand whats going on and if it was a misunderstanding from the DA thinking I am involved or something strange like that. Because i know that guns store can get them even pending cases for domestic violence.(assuming not being held as evidence.)

my number is 951.743.4256

[kemasa]

How is it allowed? It is allowed when you left the firearms in his control, which is a problem since it could be considered a transfer of firearms between residents of different states which is illegal under Federal law, then had him bring the firearms with him to CA, which could be another issue.

[Phta135]

For the handgun I never sold it, nor imported or transferred it. It was originally purchased in Texas when I lived there full time and when i came to California I mailed it to a gun store in CA and picked it up and waited the 10 days. Furthermore I still own a house in Texas and have a valid Texas ID.

[Phta135]

[RickD427]

Any chance you can give me a call? still a little lost in your reply. And I dont know the details of the case however i am thinking there is more to the story and they are being used as evidence. I know they are not looking into it being illegal transfer since the detective working against me is being very helpful with getting them back. she has gone above and beyond helping me get everything in order to get them back. and the theory of illegal transfer wouldn't apply to the shotgun since it was his originally and he had his attorney write the detective a letter asking to gift it me. Im just trying to understand whats going on and if it was a misunderstanding from the DA thinking I am involved or something strange like that. Because i know that guns store can get them even pending cases for domestic violence.(assuming not being held as evidence.)

my number is 951.743.4256

Can't do phone calls. IANAL, just a retired LEO, and am very careful to keep my public social media communications in a format that has an audit trail.

While I'm pleased to hear that the detective is helpful, any case hand-off to the feds after a state case is filed is decided by the DDA and not the case detective.

DA's are elected and that makes DDA's subject to the corresponding political pressures. If you're in a place like Los Angeles County or the Bay Area, the DA will pursue a gun-related case to ends of the earth. It's just the way it is.

At the same time, the DA and DDAs have no ability to file 18 USC 922(a)(5) charges for an offense that took place in Texas. Only a USA or AUSA can do that. So long as there isn't danger of the federal statute running out, the normal protocol is to conclude the state case first, and then hand-off to the feds.

[acespawnshop]

Your original post references a rifle in the first sentence, then you reference a shotgun, then in thread 5 you say the shotgun was never yours. Which one is it? Is the shotgun your friends and you're just concerned with your pistol? You're saying in thread 5 the shotgun was never yours, but in the prior threads you're saying you're filling out paperwork stating that it was yours. Very confused here.

To answer the question in my opinion 'how can they do that' the answer is they just did. Good luck fighting the uphill battle. Let us know how it plays out.

[Phta135]

Thanks for the information you have given me. Im not worried about anything being turned over to the Feds considering the gun was never sold. Just for the sake of a counter argument.. The shot gun that was never mine in any way shape or form, (he brought it out to shoot skeet in Calabasas.) and once he got arrested and didnt know if he was going to get it back he asked if it could be gifted to someone and LAPD said yes and let him give it to me. So the theory of them only holding the gun because they want to try and file a case against me for illegal importing doesn't seem to really apply. Even Hypothetically if that was the case i should still be able to get the shotgun since it was gifted to me while in police safe keeping.

I think im just going to take away from this there is more to the story and they are being held as evidence.

[Phta135]

I left at his house in Texas my glock 19 and Remington 700 (still in Texas and since had him drop it off at my house in Texas) since i didn't want to leave them at my house in Texas with no one living there and feared if someone broke in i wouldn't know. I will update the thread to clarify that he only flew back with my hand gun and brought his personal shotgun to shoot clays in Calabasas with me.

[langss]

I suppose the times have changed, but back around 1995, one of my family members threatened to commit suicide. Long story short, after the Swat Team drug him out of the place, I was asked where he(family member)got the 1911 he had as it was not registered to him. I had no idea and told the detective so. The detective then told me, "I" could pick the gun up in about three weeks, gave me his card and wrote some number on the back. I called in about three weeks as instructed and was told to come and get it. No Crime(other than stupidity)had been committed and he had been released from the 14 day hold. I declined after giving it a lot of thought, as I knew he was going to want his gun back. I have no idea what would have been involved, but the fact that they were willing to give "ME" the gun makes your situation a little odd. Now like I said Times may have changed but still....no crime involved.