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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89320
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Senario: I, John, a permeant resident of Idaho visiting the

Resolved Question:

Senario:
I, John, a permeant resident of Idaho visiting the State of California for medical treatment in San Diego. I lease a property in San Diego. My significant other, Jane, was charged with Domestic Violence against me, in the leased property in San Diego for the charges of 243(e)(1)pc and my significant other was taken into police custody. I was transported to the hospital for a mild head injury.

While the police were in the leased California property they asked for me, John, the victim, to open my personal safe, and surrender any firearms. They stated that I had no choice. Three handguns, two modern semi-auto and one revolver made in 1895.

I clearly stated that the firearms were secure and the safe required my fingerprint to open the safe. Yet again the police mandated that I open the safe.

As I, John, was being transported by ambulance to the emergency room the police told Jane that "it is going to be hell for him (John) get these back."

As the victim of the crime the Detective on the case stated that if I have any issues with getting my firearms back to contact him. That did not work. The Gun Desk at San Diego Police headquarters stated that the firearms have to be registered with the State of California, fees paid, and wait and see what comes back as far as an answer. No guarantee of retrieving my property.

The two newer semi-auto's were purchased in Idaho and the old family heirloom revolver was not registered with California.

How do I get them back?

How serious is this?

I have a clean record, fully honorably discharged from the US Army, with the occasional traffic ticket on record. I do not fall into the California Dept of Justice Bureau of Firearms Prohibiting Categories.

Please advise. Thank you.
Thanks for your help.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Jack R. replied 9 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

 

I need a little more information .

 

does your signifcant other live with you; is her name on the lease ?

Customer: replied 9 months ago.

Yes the s.o. lives with me because of the two week rule. However not on the lease.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under CA law, people in CA have 60 days to register their firearms upon moving to CA. If you did not comply, they have a right to seize them and hold them, but likely not keep them from you. If you were in CA for more than 60 days, then you are going to have to wait for the state to register the guns and then go get them back, since you were not in compliance with the law. If they refuse to return them, THEN you have a right to file suit against them for return of the guns and you would need a local attorney to bring the suit to get the guns returned.

If you were in CA less than 60 days, you have a right to go to court and file a petition for replevin or detinue, which is the common law tort name for them to return your property they have no legal right to have or to pay you for it. You would allege a wrongful seizure of the guns based on the fact you were not there in CA for more than 60 days and as such were not violating the registration law and thus the guns should be returned immediately. Again, you would need a local attorney to file the suit in Superior Court to recover your weapons



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89320
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you

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