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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Question Registered Gun Confiscated

    My question involves criminal law for the state of: California
    My registered firearm was confiscated during a dispute it was loaded but not on my person,no one was arrested no charges have been filed the police are not actively investigating. When they took it they said they would do balistic test on it and I could get it back if it came back clean.This happen over 3 months ago. What can I do to speed up the process & get my gun back?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,368

    Default Re: Registered Gun Confiscated

    How did the police come to know about the firearm, and come to seize it?

    Have you tried contacting the police agency that seized the firearm, about arranging its return? If so, what did they tell you?

    Were any charges filed in relation to the dispute? If so, is the criminal case now resolved?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,945

    Default Re: Registered Gun Confiscated

    Quote Quoting Glockman
    View Post
    My registered firearm was confiscated during a dispute it was loaded but not on my person,
    What kind of dispute?

    How did the police come to know about the weapon? Was it brandished or referred to during the "dispute"?

    Did you voluntarily turn over the weapon? If not, how was it seized and why?

    Have you contacted the agency involved and asked when you can start the paperwork to get it returned?

    Once they say you can get it back, you will be required to jump through some hoops through the Attorney General's office to get clearance to own or possess the weapon. When that form is returned to you from the AG then the agency can return the weapon.

    My firearm is in the possession of a court or law enforcement agency. What do I need to do to get it back?

    To get your firearm back, you must complete a Law Enforcement Gun Release (LEGR) Application and send the application along with the appropriate processing fee to the Department of Justice. The processing fee for a Law Enforcement Gun Release Application is $20.00 for the first firearm (long gun or handgun), and $3.00 for each additional handgun listed on the application.

    If the court or agency in possession of your firearm determines that the firearm was reported stolen, the fee for the stolen firearms(s) will be waived. You must send documentation from the court or agency confirming that the firearm was reported stolen along with the Law Enforcement Gun Release Application to quality for the fee waiver.

    Once DOJ receives your Law Enforcement Gun Release Application, a firearms eligibility check will be conducted to determine if you are lawfully eligible to possess firearms. You will receive a notice of the results. If this notice states that you are eligible to possess firearms, you then take the notice to the court or agency in possession of your firearm to claim it. The notice must be presented to the court or agency within thirty (30) days of the date of the notice. Failure to do so will result in the need to submit a new application and fees to undergo another firearms eligibility check.

    Typical DOJ processing time for a Law Enforcement Gun Release Application is four to six weeks.

    Submission requirements and processing fees are available on the Law Enforcement Gun Release Application.

    The LEGR can be found here: http://ag.ca.gov/firearms/forms/pdf/legr.pdf


    - Carl
    A Nor Cal Cop Sergeant

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    And a croissant!"


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    Love mercy,
    Walk humbly with your God

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