Weapons Confiscation by Courts

S

shortround60

New member
Good Day, All.

I have a question concerning gun owner’s rights in the state of California. My buddy who is currently a SSG in the Army was charged with a misdemeanor and during the serving of the warrant his shotgun was seized though it was not connected to the offense. His record was subsequently expunged, but he did not go to the station to retrieve the shotgun. He is not subject to the Lautenberg Amendment as is evident by his serving at the moment. This happened in 2003 and he is now leaving our current assignment in Kuwait shortly. He would very much like to retrieve his shotgun upon his return. Do any of you know whether this is possible? Thank you in advance for any advice that is offered.

Respectfully,

Shortround60
 
Yes, it's more than possible, it's his property, not evidence in a crime. Have him contact his attorney, and file a motion/order to return property, with the trial Judge. Or his attorney can contact the DA, and possibly get a consent order to return property signed. Good luck. Regards 18DAI.
 
Statute of limitations

He is concerned that since 3 years has passed they have destroyed the shotgun. Is that a possibility since we are speaking of a very unfriendly state for gun owners?
 
That is possible. Usually, since the shotgun is not evidence, and in our jurisdiction, considered confiscated property, a court order for it's disposition is required. I would call the property room at the agency holding it, tell them I'm the lawful owner, and inquire about the shotguns status. Also ask them what paperwork they require for it's release (if it's not been destroyed). In the scheme of things within the "system", three years is not a long period of time. Unless the Judge ordered the weapon destroyed at the conclusion of your friends case, it should still exist. Tell him to get a copy of the judgement in his case to see if such an order was commited. The local Clerk of Court should be able to provide that. Hope this helps. Regards 18DAI.
 
Thanks for the advice

Thank you for the advice, which I will pass to my buddy. Hopefully when he arrives he will be reunited with his shotgun.
 
It's probable that he wont get it back at this point. He should've got a receipt for it at time of confiscation, then he should've had his atty file a motion to preserve property (almost immediately) and got an order to preserve property signed by the judge. Then upon positive disposition of the case, began hounding the evidence clerk to return it.

At least, that's how I had to do it in Colorado.
 
You must log in or register to reply here.
Back
Top