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Firearms retrieval from law enforcement.

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  • cannonierd
    Junior Member
    • May 2013
    • 71

    Firearms retrieval from law enforcement.

    Good Day ALL,

    I have a unique to me situation I guess you would say. I got a call from the Elk Grove PD a few days ago. A little back story. I got divorced about 10 years ago. At the time I had two guns, one I bought during the marriage and one I had before the marriage when I was in the military. Fast forward we are getting a divorce and the court split the fire arms ownership. Both guns were in my name now. At the time of divorce I was working overseas got laid off and had to move out of state to find work, you know gotta keep paying that child support. Anyway during the divorce I constantly told my ex that she needed to get California Handgun Certificate because since she did not want to let me do the transfer while we was married told the courts hey if you force this spit of firearms she is now illegal cause she doesn't have the required documents. Courts didn't care. I say this all to give context. Now the PD is calling me asking me if I want the gun back and telling me I have to fill out paperwork and do background even though the gun is already mine somehow they got ownership of the gun because of my ex having a dispute with family members. Anyone ever had this issue? I am presently waiting for the paperwork from California to tell me how I need to proceed to get this gun back.
  • #2
    hermosabeach
    I need a LIFE!!
    • Feb 2009
    • 18783

    If the Courts gave her ownership, then legally it is not your firearm.


    I don't know the relationship you have today..... but the term is not "finders Keepers" the legal term could be Theft by Conversion.



    I have sold a old car... The Buyer was having fun and got arrested and the car impounded....

    Police and Impound asked me to come and GET MY CAR.....

    It was no longer my car.... I explained I had sold the car and filed my side of the paperwork with the DMV....



    If on good terms with the EX, I would email her and ask her is she still wants the gun.
    If the answer is no, then ask if she minds if you collect it from the police as it is still registered to you as she never completed the paperwork with the DOJ.
    If she says yes, you can have the gun, I might contact the courts to see the process to recover the gun and print out all the emails for proof it is not theft by conversion


    Rule 1- ALL GUNS ARE ALWAYS LOADED

    Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

    Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

    Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
    (thanks to Jeff Cooper)

    Comment

    • #3
      hermosabeach
      I need a LIFE!!
      • Feb 2009
      • 18783

      (SNIP)
      Theft by Conversion:
      According to a First District Court of Appeal casethe plaintiff must establish five points, by a preponderance of the evidence:
      1. The specific piece of property, asset, or money
      2. An initial possessory right to said property, asset, or money
      3. The unauthorized act which deprives the initial owner of that property, asset, or money
      4. A clear demand for the return of the property, asset, or money
      5. A refusal to return the property, asset, or money
      Rule 1- ALL GUNS ARE ALWAYS LOADED

      Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

      Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

      Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
      (thanks to Jeff Cooper)

      Comment

      • #4
        cannonierd
        Junior Member
        • May 2013
        • 71

        Originally posted by hermosabeach
        If the Courts gave her ownership, then legally it is not your firearm.


        I don't know the relationship you have today..... but the term is not "finders Keepers" the legal term could be Theft by Conversion.



        I have sold a old car... The Buyer was having fun and got arrested and the car impounded....

        Police and Impound asked me to come and GET MY CAR.....

        It was no longer my car.... I explained I had sold the car and filed my side of the paperwork with the DMV....



        If on good terms with the EX, I would email her and ask her is she still wants the gun.
        If the answer is no, then ask if she minds if you collect it from the police as it is still registered to you as she never completed the paperwork with the DOJ.
        If she says yes, you can have the gun, I might contact the courts to see the process to recover the gun and print out all the emails for proof it is not theft by conversion

        I see what your saying. In my instance law enforcement took the firearm from a family member and told her she could not get it back because the gun was never transferred to her. I tried many times to transfer the gun to her but she would never get the proper paperwork for me to do the transfer, either before divorce and after the divorce. Now I have found out since that she has a gun of her own but law enforcement cannot give her this gun back because its not in her name. Now with the rash of guns in evidence lockers walking out and ending up in the hands of criminals I am reluctant to just let the gun just sit in Police custody. I have bought other guns since this episode. There was a time after the divorce when we were finalizing some other things her lawyer at the time asked me if I wanted the gun back and said if I wanted the gun back I could pay her client $400 for it. Sounded fishy to me and I asked her why would I pay for a gun that's already in my name that you all refuse to have transferred in your clients name? At this point I am just waiting for the paperwork from the local PD to see what it says. The police said the gun has been in there property room for the last 4 years.

        Comment

        • #5
          Dvrjon
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Nov 2012
          • 11174

          Penal Code 33850 (https://codes.findlaw.com/ca/penal-code/pen-sect-33850/) controls this activity.

          The Law Enforcement Release Program is briefly discussed at https://oag.ca.gov/firearms/lerinfo

          Reporting is now electronic, but a copy of the obsolete form will show you what is needed. Fees are $20. (See: https://www.salinaspd.org/wp-content...pplication.pdf

          Comment

          • #6
            BigPimping
            CGN Contributor
            • Feb 2010
            • 21286

            sigpic

            PIMP stands for Positive Intellectual Motivated Person

            When pimping begins, friendship ends.

            Don't let your history be a mystery

            Comment

            • #7
              cannonierd
              Junior Member
              • May 2013
              • 71

              I ended up retrieving this firearm from the PD with no issues. It will just stay in my possession till such time and she wants to do the paperwork to transfer or be my collectible. I just had and issue with it possibly walking out of a property room with my name still on it. The crazy thing is my ex was who they took it from cause of a dispute with a family member and she didn't tell me anything about it for 3 to 4 years which is when the PD contacted me about it.

              Comment

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