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Old November 9, 2009, 02:14 PM   #1
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DOJ gun release & Ca City Police Code

Hello, sometime earlier this last summer my house was raided by another local cities police drug task force. They did have a warrent, however it was in the name of a tenant who was renting the guest house at the time, which shares the same property address of the main house i live in. Because of the fact that only one address exists between the two structures the cops busted in my doors at 6am, pulled me out of my bed to the back yard in my underwear and tore my house upside down. They found nothing in my house. But, a small amount of marijuana and a small amount crystal meth was found in the guest house. Certainly not what the cops were expecting considering they had a 15 sheriffs with glock 45 cal drawn and pointed at my face while i lay in bed asleep naked, a narcotics sniffing dog, 3 patrol untits and 3 unmarked plus a small crime scene van at my house that day! And , i spent three days in county jail before they decided to release me and no charges were filed. During the property search the City Police took my firearms which are all 3 registered legally in my name. I filled out the proper paper work for the California Department of Justice and paid the $20 per gun fee for the processing release letter which i recieved last week from the DOJ. The instruction is very clear that i only have 30 days to take that letter to the City Police Department who then would return my firearms. NOT THE CASE! When i called the lady who ive talked to on many occasion she put me on hold for 15min and when she returned to the phone proceeded to tell me that i would need a court order from the judge to have my guns returned. That means they want me to pay my attorney more money to get a judges signiture on a case that was never filed! Could anyone site the code that the city may have to demand a court order for me to get my firearms returned?

Last edited by Pinksteel; November 9, 2009 at 02:22 PM. Reason: language
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Old November 9, 2009, 02:45 PM   #2
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,546
As much as I think the Firing Line is the best board on the net, I'm not foolish enough to think we have all the answers.

Since your question is California specific, I would think that CalGuns would be a better source of information on this legal problem. You might want to wander over there, register and pose your question on their 2nd Amend. Politics and Laws forum.
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Old November 9, 2009, 05:23 PM   #3
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This is an easy question to answer. I had the same exact thing happen to me. I got in a heated argument with my wife and when the cops came they took my firearms even though I had broken no laws and not been charged with anything the police said that because of new legislation passed a few years ago that they could take my firearms. I filled out the paperwork to get my guns back and six weeks later my guns were returned. If you have not been charged with a crime and there has been no court order to destroy your firearms or restrict you from possessing firearms then they have to give you your firearms back. some police agencies just do not like to return firearms period after they have seized them. If they refuse to return your firearms get a lawyer and get them back its well worth it. If they are in the wrong you can get a judgement against them to pay for your court fees. I had to hire an attorney to deal with some keystone cops its well worth it! good luck!
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