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

[xylene]

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

The OP is not clear of very serious DV charges. Perhaps an agressive gun rights approach may be... unhelpful.

 

[quincy]

I think a consultation with an attorney (or two or three) is a good way to start.

An attorney should be hired if/when the police question Baboon or if/when Baboon is charged with a crime.

Because the guns and safe have been held in police custody for three months, it might not be unreasonable to seek their return now - especially the safe.

An attorney can request for Baboon the return of the seized items after determining how likely it is that Baboon will be charged with attempted murder (or some other crime).

With the victim in another country now, that might make the prosecutor reluctant to pursue any charges.

 

[Baboon]

Thank you all for your time and replies. Looks like I’ll be talking to a lawyer or 2 before deciding to proceed or just get duplicates of my documents and just leave it alone. How do I know they’re not waiting to see I’ve recovered from my injuries then throwing the book at me? My involvement with this incident has been changed from an arrest to a detention... I’ve heard this is a good sign... any feedback on that?

 

[xylene]

ow do I know they’re not waiting to see I’ve recovered from my injuries then throwing the book at me?

Might be like... ya know.. demanding you get your gun back.

 

[xylene]

"I can't remeber a thing. My brains are SCRAMBLED.. but I think I need my gun back. The one you impounded. I rember that. I remeber needing it."

 

[quincy]

Thank you all for your time and replies. Looks like I’ll be talking to a lawyer or 2 before deciding to proceed or just get duplicates of my documents and just leave it alone. How do I know they’re not waiting to see I’ve recovered from my injuries then throwing the book at me? My involvement with this incident has been changed from an arrest to a detention... I’ve heard this is a good sign... any feedback on that?

Detention means charges are still being considered but you are not yet charged with a crime.

 

[Baboon]

"I can't remeber a thing. My brains are SCRAMBLED.. but I think I need my gun back. The one you impounded. I rember that. I remeber needing it."

I should make it clear that I’m not even going to pursue the firearms. I really want my safe back and have no problem surrendering the guns. It might just be easier to get duplicates of my car titles and passport and not even mess with it... safer. I’m very aware of the seriousness of these allegations. It was completely over dramatized and she wasn’t even hurt.

 

[Baboon]

Detention means charges are still being considered but you are not yet charged with a crime.

Ah ok...

 

[quincy]

Ah ok...

If you are charged with a crime, you will be arrested. Try to have an attorney lined up in advance in case you are.

 

[CdwJava]

The unregistered handgun is likely a misdemeanor at the worst. Unfortunately, if you got it from your father's estate within the past couple of decades, you still needed to register it and that would have required you to work with a dealer as well as show your right to own the weapon. I had to jump through similar hoops more than a dozen years ago when my father passed away. Though, I seriously doubt the police will care all that much to charge you with the handgun - especially since you may not seek its return.

As others have mentioned, seeking return of the firearms or even the safe may be a bit premature and should not be done with consulting an attorney. The return of the safe and the firearms will likely be treated as two separate issues. The firearms would require DOJ clearance before the return of the guns (and the .25 caliber handgun probably would not be cleared). The safe, by itself, should be a non-issue since an empty safe is not subject to being held under the law. Unless the safe is evidence of some crime it should be able to be released though it may have been damaged if they opened it to get to the guns (and they almost certainly did).

As has been mentioned, the state has time to file charges against you. Three years or more depending on the charges. And, unless the firearms are part of the allegations (i.e. you threatened to shoot her or are accused of brandishing them), then they should be released to you upon DOJ clearance provided there are no restraining orders in place against you.

 

[quincy]

I imagine charges could depend on the return of the overseas girlfriend.

 

[CdwJava]

If so, things could be on hold for 3 years or more! But, the guns and the safe do not appear to be evidence and should be able to be released to him - the safe easier than the guns since the safe doesn't have to go through a DOJ check.

 

[quincy]

If so, things could be on hold for 3 years or more! But, the guns and the safe do not appear to be evidence and should be able to be released to him - the safe easier than the guns since the safe doesn't have to go through a DOJ check.

Because charges against Baboon are still being considered, and because of the type of charges he was earlier facing, I would think it unlikely at this point that the guns would be returned. The safe is another matter - but I would not advise Baboon seek its return without an attorney's review first.

 

[CdwJava]

Because charges against Baboon are still being considered, and because of the type of charges he was earlier facing, I would think it unlikely at this point that the guns would be returned. The safe is another matter - but I would not advise Baboon seek its return without an attorney's review first.

They really have little choice in the matter. They are not evidence, they were apparently seized pursuant to PC 18250. As such, unless the police can argue a reasonable belief that they will be used against the victim or the reporting party, they cannot hold the firearms. The safe, I cannot see any lawful reason NOT to return that upon request. Oh, the police can try to fight the matter, but if the victim is out of the country it'll be hard to make this argument. Most agencies are not going to try and go to the mat for this since it will also cost them. (PC 18400 et. seq)

I agree and have also suggested he consult an attorney. However, having been involved in these proceedings from 2001 through the end of 2015, I doubt he will meet much extraordinary resistance in seeking their return. Though, the details of the case could make a difference.

 

[quincy]

They really have little choice in the matter. They are not evidence, they were apparently seized pursuant to PC 18250. As such, unless the police can argue a reasonable belief that they will be used against the victim or the reporting party, they cannot hold the firearms. The safe, I cannot see any lawful reason NOT to return that upon request. Oh, the police can try to fight the matter, but if the victim is out of the country it'll be hard to make this argument. Most agencies are not going to try and go to the mat for this since it will also cost them. (PC 18400 et. seq)

I agree and have also suggested he consult an attorney. However, having been involved in these proceedings from 2001 through the end of 2015, I doubt he will meet much extraordinary resistance in seeking their return. Though, the details of the case could make a difference.

Details will always matter.