Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Senario: I, John, a permeant resident of Idaho visiting the

Senario: I, John, a permeant...
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.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 13 minutes by:
11/7/2013
Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6,147
Experience: OHIO//Texas Attorney Civil/Crimnal Practice
Verified

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 ?

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

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

Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,555
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,555
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 119,555
119,555 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,014 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the vic***** *****ed about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers he… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
I press charges on my boyfriend for domestic violence. I
I press charges on my boyfriend for domestic violence. I want to drop the charges because he agreed to take anger managment classes and counseling. This was the first time he hit me, but he has a bad … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I plead guilty to a misdemeanor charge of domestic violence
I plead guilty to a misdemeanor charge of domestic violence in July 2001. Is it possible to get my 2nd amendment right reinstated?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was just arrested for felony domestic violence, I should
I was just arrested for felony domestic violence , I should say just bailed out for that offense. I never hit my girlfriend but there was a lot of screaming and the nieghbors called the police. When t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I filed cyber harassment and domestic violence stalking
I filed cyber sexual harassment and domestic violence stalking against my husband. ALl the evidence matches up to the picture he uploaded of me, the chat room he posted it to , verified it was his com… read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
Im in tennessee and this concerns a domestic violence charge
im in tennessee and this concerns a domestic violence charge and a pot plant … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
If someone plead guilty to a misdemeanor domestic violence
Hello, if someone plead guilty to a misdemeanor domestic violence and the police report shows he had a false social security number and driver's license (which was not true) and we have requested a ce… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
I am a victim of domestic violence and the d.a. Is trying to
Is trying to serve me it hasn't been able too do I still have to go..... in cali … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
My mother and I are in a domestic violence case. She was
My mother and I are in a domestic violence case. She was drunk and we got in a scuffle and I told her I wanted to take her to the hospital because she had been drunk for seven days straight, no shower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I had an incident of domestic violence at my residence, and
I had an incident of domestic violence at my residence, and the officer responded by interrogating me and filing a false police report stating that I had made statements to him about being schizophren… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My boyfriend goes to court tommrow for domestic violence he
My boyfriend goes to court tommrow for domestic violence he has been in jail since aug 6 for missing one of his courtdate i want to go to court and tell the judge i hit him first but im scared what wi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My wife filed a false report of domestic violence and
My wife filed a false report of domestic violence and assault bodily injury when it was a case of mutual combat and I want to know if its possible that she doesn't have a warrant as we were both not f… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I was arrested for a Battery/Domestic violence. I was
Hi, I was arrested for a Battery/Domestic violence. I was released on ROR and still waiting information in regards ***** ***** My husband is the said victim who doesn't wish to give statements or test… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
My daughter was subject to domestic violence and somebody
My daughter was subject to domestic violence and somebody reported to police and he was picked up by police. She gave a statement to police but don't think she filed charges, nor were pictures taken o… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,555 satisfied customers
If a person is arrested for domestic violence and property
If a person is arrested for domestic violence and property damage and then that person is let out on an OR, how can I find out their next court date?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x