LE Gun Release Proccess

[greg36f]

When the detective has the case on her desk, she can decide to release it.

Once it goes to the DA, it's his decision. Call him and try to convince him that it's not part of the case. He may need it in case your friend threatened to kill the wife with the gun.

[Phta135]

The paper work i filled out for the shotgun was after it was in police property and the Detective told me for it to be gifted to me it must be registered to me for them to release it. So she gave me the Mail in registration form and told me once i get it back saying approved do another gun release application and then i can pick the shotgun up. I mainly just care about the handgun but if i can score a free $5,000 shotgun ill put my best effort into it. I am starting to think there is just more to the story and they are being held as evidence against him.

[RickD427]

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.

I've gotta agree that they are likely being held as evidence.

If they were only being held as having been at the scene of a DV incident, they would have already been available for release.

As to the potential 18 USC 922(a)(5), please not that the crime is complete upon the transfer of the firearm. There is no requirement that the firearm be sold. This distinction periodically "bites" some folks in the arse every now and then. If you leave a firearm with someone for a lengthy period of time, you have "transferred" it to them, even if you never "sold" it to them.

[Phta135]

Thats what im wondering, Im trying to not get involved and fade out after i get the guns back. The detective told me she had to have the DA sign off to give them back and he said no. She only told me due to the nature of the case.. All i know is he has to be arraigned on the 9th.

[Phta135]

So I just got off the Phone with the detective and got some things clarified.

1. They are not being held as evidence
2. It was not the DA who said to keep them it was the DA coordinator
3. I spoke with the DA coordinator and said that they have no issues giving them to me the moment the case inst pending. and wouldn't not explain why and just said the nature of the case. I even clarified with him that i was no way involved.

[kemasa]

The Detective is giving you bad info since the shotgun would be a transfer between residents of different states. It does not matter if you have an ID and property, you are not a resident there, are you?

You don't know what the DA is up to. The DA is not likely to tell the Detective if they are talking to other agencies.

[SkyHawk]

It is very simple: if the guns were in his possession when he committed a crime, and they are even remotely associated with his crime, for instance if his wife felt additionally threatened just because she knew he had guns, then they are evidence. Period.

Until the case is resolved, they will probably be held for evidence. And now it isn't just the DA who can hold or release them, the defense also has some say if they are released or not. Because they are evidence, and once they are evidence they just can't vanish from evidence while a case is pending.

The morals of the story: don't leave guns with unstable people, don't have friends transport guns across state lines for you, etc etc etc. You took a risk doing both, and now you will have to live with the decision you made; which means you wait, and hope for the best.

[Phta135]

please see the same thread i posted in LEO section for the most updated info.

http://www.calguns.net/calgunforum/showthread.php?t=1394799

[Phta135]

please see the other thread for the most updates.

http://www.calguns.net/calgunforum/showthread.php?t=1394799

[Phta135]

So I just got off the Phone with the detective and got some things clarified.

1. They are not being held as evidence
2. It was not the DA who said to keep them it was the DA coordinator
3. I spoke with the DA coordinator and said that they have no issues giving them to me the moment the case inst pending. and wouldn't not explain why and just said the nature of the case. I even clarified with him that i was no way involved.

[SkyHawk]

please see the other thread for the most updates.

http://www.calguns.net/calgunforum/s....php?t=1394799

Great. I just love forked threads. Few things rile me more than OP asking the same question in two different subforums. That is the point I stop participating. Not interested in seeing the other thread for updates. You asked folks to participate in this thread

[Phta135]

I didn't know what section would be the best since it applied to all three.

[Librarian]

3 threads merged - the one in FFL Forum survives.

Please post in just 1 place - a mod will move it, if needed.