How should I handle getting my safe (which contains an inherited handgun) back from police “safekeeping?”

[Baboon]

What is the name of your state? California... hey I’m new here..seeking some advice on what to expect and do you think I need an attorney?

Three months ago my girlfriend from overseas was visiting, and one evening we both had a bit much to drink. I don’t know at what point she decided to call the cops but her statement was that I briefly choked her and my behavior was scaring her. I was arrested and taken to a hospital, then jail. My rifle and safe containing the handgun were seized for safekeeping. They booked me on attempted murder and false imprisonment. I remember very little of this after obtaining a severe head injury in jail which left me hospitalized and unable to do arraignment, which was deemed cancelled and I was released and issued a cert of detention. And a letter stating no charges have been filed at this time.

So I want to know, could land in trouble when they see my unregistered jr. colt .25 when I open the safe? Or even stir up a hornet’s nest and have them officially charge me? How do I approach this touchy situation? I’m not filing for return of my guns, just need my safe back. Thanks in advance.

 

[Just Blue]

What is the name of your state? California... hey I’m new here..seeking some advice on what to expect and do you think I need an attorney?

Three months ago my girlfriend from overseas was visiting, and one evening we both had a bit much to drink. I don’t know at what point she decided to call the cops but her statement was that I briefly choked her and my behavior was scaring her. I was arrested and taken to a hospital, then jail. My rifle and safe containing the handgun were seized for safekeeping. They booked me on attempted murder and false imprisonment. I remember very little of this after obtaining a severe head injury in jail which left me hospitalized and unable to do arraignment, which was deemed cancelled and I was released and issued a cert of detention. And a letter stating no charges have been filed at this time.

So I want to know, could land in trouble when they see my unregistered jr. colt .25 when I open the safe? Or even stir up a hornet’s nest and have them officially charge me? How do I approach this touchy situation? I’m not filing for return of my guns, just need my safe back. Thanks in advance.

Consult an Attorney.

 

[PayrollHRGuy]

Talk to a lawyer or walk away.

But you may not even be required to have it registered. It depends on several factors. If you have the gun illegally you would likely be charged with that as well.

 

[Baboon]

Talk to a lawyer or walk away.

But you may not even be required to have it registered. It depends on several factors. If you have the gun illegally you would likely be charged with that as well.

I’m quite certain I don’t have it illegally since it was my dads and he passed away many years ago. I’d walk away but the safe also has important documents and mementos I don’t want to lose. So I’m fine with turning the gun over but I guess an attorney could inform me of my rights regarding this. Like can they make me open the safe before releasing it to me? Hopefully they can answer a few questions on a free consultation.

 

[quincy]

The police would need a warrant to open your safe.

Did your girlfriend from overseas seek and obtain a protection order against you ... or did she just make a speedy return trip home?

If charged with a crime, hire an attorney. Do not offer any information to the police. You have the right to remain silent. Exercise that right.

 

[xylene]

Why are you sure or even confident the safe is unopened?

 

[Baboon]

The police would need a warrant to open your safe.

Did your girlfriend from overseas seek and obtain a protection order against you ... or did she just make a speedy return trip home?

If charged with a crime, hire an attorney. Do not offer any information to the police. You have the right to remain silent. Exercise that right.

She didn’t wish to press charges or want a protection order but the state had a five day automatic protection order while I was away. She wanted to see me ASAP in fact... we’re all good now though she’s back home for now.

I had that in mind, that they would need a warrant to search my safe. Yes, upon arrest I used my right to remain silent and still reserve it. Thanks!

 

[Baboon]

Why are you sure or even confident the safe is unopened?

I’m not completely sure it hasn’t been opened but I remember them handing me a phone while I was in the ambulance in front of my house to give someone inside the combo but they couldn’t open it...so they just took the whole safe. It’s possible they’ve opened it since then, though.

 

[quincy]

I’m not completely sure it hasn’t been opened but I remember them handing me a phone while I was in the ambulance in front of my house to give someone inside the combo but they couldn’t open it...so they just took the whole safe. It’s possible they’ve opened it since then, though.

It sounds as if you essentially consented to a search of your safe. In your drunkenness, you must have - or your girlfriend must have - mentioned you had a gun in the safe. And you provided the police with the combination.

You can consult with a lawyer and you can seek the return of your safe and guns if no charges are forthcoming.

 

[Baboon]

It sounds as if you essentially consented to a search of your safe. In your drunkenness, you must have - or your girlfriend must have - mentioned you had a gun in the safe. And you provided the police with the combination.

You can consult with a lawyer and you can seek the return of your safe and guns if no charges are forthcoming.

Ahh true... I don’t want to have to surrender these guns, esp since they hold sentimental value, being my late dads. But I read the gun release application pdf and to prove legal ownership, they have to be in the database already and they are not. I’d rather have my freedom. It looks like my best bet is to talk to a lawyer and find out what my rights are according to the situation. Hopefully they answer basic questions on the free consultation.

And yes my gf must have said I had another gun in that safe. Just know that the allegations against me didn’t even involve weapons.

 

[quincy]

Ahh true... I don’t want to have to surrender these guns, esp since they hold sentimental value, being my late dads. But I read the gun release application pdf and to prove legal ownership, they have to be in the database already and they are not. I’d rather have my freedom. It looks like my best bet is to talk to a lawyer and find out what my rights are according to the situation. Hopefully they answer basic questions on the free consultation.

And yes my gf must have said I had another gun in that safe. Just know that the allegations against me didn’t even involve weapons.

Guns are (generally) confiscated when there are reports of domestic violence.

You can ask the police to return your guns and safe, or you can file a motion for the return of your guns and safe if the police will not return the seized items, but if an investigation is ongoing or charges are pending, your efforts will probably be for naught.

Consult with a local lawyer to get a better idea of where you stand legally.

 

[xylene]

I would do absolutely nothing, even after consulting with an attorney, unless the attorney enthusiastically encouraged you to pursue recovery of the safe and its contents.

Your charges were VERY serious.

Is tihis safe an its contents REALLY worth poking that bear?

 

[xylene]

Also: Get help for your alcohol and codependency problems.

Normal drinkers DON'T get attempted murder charges.

 

[quincy]

I would do absolutely nothing, even after consulting with an attorney, unless the attorney enthusiastically encouraged you to pursue recovery of the safe and its contents. ...

I should have said in my post that no action should be taken without consulting a local attorney first.

If the safe has not been opened, you certainly don't want to give the police reason to open it.

 

[adjusterjack]

Never mind "consulting" an attorney.

HIRE one, preferably a gun rights specialist, hand him a retainer check, and let him deal with getting your safe and your guns returned.

Anything you try on your own is likely to end badly.