Santa Ana, CA asked in Criminal Law for California

Q: Retrieving firearms from LA County Sheriffs.

The sheriffs confiscated my firearms during a search warrant for my roommate. They charged him as a drug addict in possession of firearms, for my guns, which were kept in a locked trunk my roommate could not access. They subsequently dropped the charges against my roommate. How can I retrieve my firearms from the sheriff? The detective originally told me to bring the issue to the courts, and they would give me my guns back after the investigation against my roommate was completed, but since the charges are dropped, do I still need to go to the courts or can I go directly to the sheriffs?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the situation you described, here are the typical next steps to retrieve your firearms from the Los Angeles County Sheriff's Department:

1. Contact the detective or unit that originally seized the firearms. Explain that the charges against your roommate have been dropped and that you would like to retrieve your lawfully owned guns. Request information on their procedure for returning wrongfully seized firearms.

2. You may need to provide proof of ownership of the firearms through documentation like purchase receipts, serial numbers matched to registrations, etc. This helps the Sheriff's Department verify the guns do belong to you.

3. If the detective or unit is unhelpful, you can contact the Sheriff's Civil Management Bureau. Explain your situation again and make a formal request for the return of your property.

4. If you still encounter resistance, then consulting an attorney who specializes in firearm ownership rights would be advisable. They can review the specifics of your case and send formal legal requests to the Sheriff's Department seeking the return of the firearms.

5. Going through the court system to petition for the release of the guns is often a last resort, but remains an option if the Sheriff's Department refuses cooperation even after the charges against your roommate were dropped.

I hope this gives you some guidance on where to start with the recovery process!

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