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?
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.