Need help in getting property returned.

[Jesse11]

What is the name of your state? TX from CA

In Sept. 06, my girlfriend at the time and myself get into an argument and wrestling match. Cops were called and I was arrested. During the process, the cop notices a gunsafe in my house and forces me to open it. It contains my hunting rifles and shotguns, 11 firearms, no assult rifles or anything conspiquous, just ordinary rifles and shotguns. I was charged with DV. Hired an attorney and after approx. 1 year the charges were dropped and I plead no contest to Disturbing the Peace Infraction. The case is now over but I would like my property back as I have a lot of money and sentimental value in the firearms. My attorney has pretty much washed his hands with my case and I am not getting any help from him in getting my property back. What can I do at this point? What are my rights? Once again, the firearms had nothing to do with the incident and were in a locked gunsafe that the cop demanded I open.

Need help. BTW, the guns are in CA and I am now living in Texas.

[CdwJava]

Originally Posted by Jesse11

In Sept. 06, my girlfriend at the time and myself get into an argument and wrestling match. Cops were called and I was arrested. During the process, the cop notices a gunsafe in my house and forces me to open it. It contains my hunting rifles and shotguns, 11 firearms, no assult rifles or anything conspiquous, just ordinary rifles and shotguns. I was charged with DV. Hired an attorney and after approx. 1 year the charges were dropped and I plead no contest to Disturbing the Peace Infraction. The case is now over but I would like my property back as I have a lot of money and sentimental value in the firearms. My attorney has pretty much washed his hands with my case and I am not getting any help from him in getting my property back. What can I do at this point? What are my rights? Once again, the firearms had nothing to do with the incident and were in a locked gunsafe that the cop demanded I open.

Need help. BTW, the guns are in CA and I am now living in Texas.

Contact the agency and see whether they still have the guns. Then, ask what their process is. You will also be required to complete a form and submit it to the CA DOJ before the agency will be authorized to release the firearms.

The info and the gun relase form can be found here:

[url]http://ag.ca.gov/firearms/legrinfo.php[/url]

- Carl

[Jesse11]

I just called the property dept that had my guns to verify they still had them. The girl told me they sent a letter in Aug and another in Sept telling me I had 15 days to go pick up my guns. I never responded, because I moved and obviously never received either letter (I would have flown to CA the next day to get them) so they sent the guns to Los Angeles to be destroyed. I am sick to my stomach as I had a great deal of money and value in these firearms. Is there anything that I can do at this point?

[CdwJava]

Originally Posted by Jesse11

I just called the property dept that had my guns to verify they still had them. The girl told me they sent a letter in Aug and another in Sept telling me I had 15 days to go pick up my guns. I never responded, because I moved and obviously never received either letter (I would have flown to CA the next day to get them) so they sent the guns to Los Angeles to be destroyed. I am sick to my stomach as I had a great deal of money and value in these firearms. Is there anything that I can do at this point?

I suspect there is not much you CAN do. You can always try to seek an attorney and sue them for the value of the guns, but by attempting to contact you at the last known contact address would seem to be a reasonable act on their part. Plus, state law does no require them to hold onto these guns indefinitely. Typically, they don't hold them more than 6 months.

I doubt you have much recourse, but you can always consult an attorney to see if you can be compensated.

Alternatively, you might ask to find out where they were sent because MAYBE (doubtful, but possible) you might have a way to find out about getting them returned. I doubt this is a possibility, but you might be able to do something if they have not yet been destroyed.

- Carl