Question about picking up personal property from sheriffs lock up

[spitfirejes]

Hello everyone, I am off of probation soon and am curious about the process of reclaiming my personal property (including firearms). I know about having a release form, setting up an appointment, and having my ID. Though I am truly curious about the entire process and what I should bring with me besides the previously mentioned things. Thank you for any information that you can provide.

[SVT-40]

Locks and cases

[RickD427]

Originally Posted by spitfirejes

Hello everyone, I am off of probation soon and am curious about the process of reclaiming my personal property (including firearms). I know about having a release form, setting up an appointment, and having my ID. Though I am truly curious about the entire process and what I should bring with me besides the previously mentioned things. Thank you for any information that you can provide.

It's going to depend on which county you're talking about, and also on the type of property and the circumstances under which the property came to be in the Sheriff's custody.

As a general rule, any property that was an instrumentality of a crime will not be returned.

Property that was seized as evidence will generally be returned following the court trial, although some jurisdictions may retain it through the appeal period.

Be sure that you do not leave property in the possession of the Sheriff for long after you have been notified that it is available for release. Most agencies will dispose of such property (including firearms) as abandoned after 180 days.

If the property is a firearm, make sure that the Sheriff is prepared to return it. Once notified that the weapon is available for release, you'll need to obtain a "Law Enforcement Gun Release" letter from the DOJ and present that letter when claiming your firearm. As a prerequisite, you'll need to ensure that the firearm is registered to you in the AFS.

[spitfirejes]

Thank you svt I was not informed about cases and locks. RickD I’m in San Diego, none of my property taken was involved in any crime, I was not provided with any law enforcement gun release though all of my firearms are from stores or went through stores. How would I acquire one?

[RickD427]

Originally Posted by spitfirejes

Thank you svt I was not informed about cases and locks. RickD I’m in San Diego, none of my property taken was involved in any crime, I was not provided with any law enforcement gun release though all of my firearms are from stores or went through stores. How would I acquire one?

I should second SVT-40's comments about cases and locks. You need to ensure that you're prepared to take the weapons home.

If you purchased handguns through a California FFL, they'll be in AFS. Long guns purchased from a California FFL after 1-1-2014 will also be in AFS.

Here's a link to DOJ's webpage concerning the LEGR: https://oag.ca.gov/firearms/legrinfo

[Tallship]

You will also need a FSC before they will give you your guns back.

[P5Ret]

I'm curious why did you wait till you finished probation, and how long was it? I understand that possess no firearms may be part of probation, but if you've been on probation for any length of time, it may be a problem. Most agencies don't have unlimited storage space, and after a conviction there is limited time to reclaim property.

[spitfirejes]

It was three years. I waited because I could not posses any weapons, ammunition, or explosive components while on probation and the judge said I could receive my property after the date it was over.

Originally Posted by P5Ret

I'm curious why did you wait till you finished probation, and how long was it? I understand that possess no firearms may be part of probation, but if you've been on probation for any length of time, it may be a problem. Most agencies don't have unlimited storage space, and after a conviction there is limited time to reclaim property.

[spitfirejes]

Thank you for the info guys. Really hoping I can get my stuff back.

[SVT-40]

Originally Posted by spitfirejes

Thank you for the info guys. Really hoping I can get my stuff back.

Have you checked to see if the property is still in evidence? Three years is about 2 1/2 years longer than most agencies hold evidence of adjudicated cases.

The same would go for items held for "safe keeping" and were not actual evidence of the crime in question.

[spitfirejes]

I'll get the number and call today.

Originally Posted by SVT-40

Have you checked to see if the property is still in evidence? Three years is about 2 1/2 years longer than most agencies hold evidence of adjudicated cases.

The same would go for items held for "safe keeping" and were not actual evidence of the crime in question.

[spitfirejes]

I received a call back and my property is still in storage. Making arrangements and getting everything in order to pick them up

[SVT-40]

Originally Posted by spitfirejes

I received a call back and my property is still in storage. Making arrangements and getting everything in order to pick them up

Great!! Good luck!!

[oktavist]

The last time I got mugged the cops wanted to keep my clothing to test it for DNA. It took over 3 years and about 50 trips to their property department to get it back.

[chsk9]

Originally Posted by oktavist

The last time I got mugged the cops wanted to keep my clothing to test it for DNA. It took over 3 years and about 50 trips to their property department to get it back.

Okay, I'll bite- How many times have you been mugged and what was so special about the clothes that you would go to those lengths to retrieve them?

[spitfirejes]

Sorry guys need a bit more advice. I was told my property was still being stored on the 25’th of last month and that the sd evidence lock up was contacting the lakeside sheriffs (I don’t know why) and they would get back to me the next day. I haven’t received a call back. I really don’t want to because I’m not wealthy but should I get my attorney involved?

[CBR_rider]

Have you called them back?

[1911Brian]

Do tell what happened ??

[spitfirejes]

Yes, I have called them back again and left my name, phone number, and case number on the answering machine

[SVT-40]

Keep calling until you get a living person.

[GizmoSD]

You can call the lakeside station as well and ask to talk to the detective and/or detective sgt. They may refer you to the Santee station though. Not sure where the detectives office will be.

[CBR_rider]

Originally Posted by SVT-40

Keep calling until you get a living person.

Originally Posted by GizmoSD

You can call the lakeside station as well and ask to talk to the detective and/or detective sgt. They may refer you to the Santee station though. Not sure where the detectives office will be.

I’d blow up their phones Monday and if I didn’t have an answer by Tuesday afternoon (to account for maybe the right person having Monday off) i’d Refer it to my attorney.

[spitfirejes]

Originally Posted by SVT-40

Keep calling until you get a living person.

Originally Posted by GizmoSD

You can call the lakeside station as well and ask to talk to the detective and/or detective sgt. They may refer you to the Santee station though. Not sure where the detectives office will be.

Originally Posted by CBR_rider

I’d blow up their phones Monday and if I didn’t have an answer by Tuesday afternoon (to account for maybe the right person having Monday off) i’d Refer it to my attorney.

Thanks guys, I left another message on the machine for the armory/evidence lock up. I'll give a try on calling the Lakeside/Santee substations myself to see what's going on.

[spitfirejes]

Thank you for your help and support guys. Spoke to both the sheriffs gun desk and my attorney and well the I am going back to court. Because a certified court document (which are about thirty bucks a page) aren’t enough for a certain detective to sign off on a release. Probably the last time any of you will hear from me here unless you put anything up for sale.

[GizmoSD]

Sounds like there’s more to it then, but best of luck to you.