Property & Evidence Unit

PROPERTY RELEASE AND STORAGE INFORMATION

PROPERTY IS RELEASED BY APPOINTMENT ONLY!

CALL THE PROPERTY OFFICER AT (650) 330-6334
FOR AN APPOINTMENT

FIREARMS: Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall submit a Law Enforcement Gun Release Application to the DOJ to determine whether he or she is eligible to possess a firearm (PC 12021.3). The application is available on line at www.ag.ca.gov/firearms or by calling (916) 263-4887. It may take up to 30 days to process the application.

If the firearm was taken for safekeeping the owner must start the clearance process with DOJ within 180 days. Upon receiving clearance from DOJ, the owner must provide the clearance letter to this agency within 30 days of its' receipt. If the owner is prohibited and the firearm is not illegal, he/she may sell/transfer the firearm to a licensed firearms dealer (12071 PC). Per 12021.3g PC firearms will not be retained after 180 days if unclaimed.

If the firearm has been taken as evidence in a crime or suspected crime you will have to wait to obtain clearance until the criminal case is closed. Then, upon closure of the criminal case, you will have 180 days to start the clearance process to obtain your firearm. The owner must provide the clearance letter to this agency within 30 days of its' receipt.
If owner is prohibited and the firearm is not illegal, he/she may sell/transfer the firearm to a licensed firearms dealer (12071 PC). Per 12021.3g PC firearms will not be retained after 180 days if unclaimed.

Mental Health Incidents - Notice of Rights
If you were detained under WIC 5150 and are subsequently involuntarily admitted to a mental health facility, you are prohibited from owning, possessing and controlling firearms for a period of five (5) years in California. If you currently own any firearms, you must contact the nearest law enforcement agency to surrender those firearms.

If the firearms and/or other deadly weapons were confiscated from you pursuant to Welfare and Institutions Code section 8102 a report of the details surrounding the confiscation of these items may be given to the county prosecuting agency. The prosecuting agency must file a petition in the County Superior Court within 30 days of the above date, alleging that the return of these items would be likely to result in endangering you or others, or the items must be returned to you by the law enforcement agency if you are not prohibited from possessing firearms. If the prosecuting agency does file such a petition, you have a right to a hearing on the question of whether returning these items would, in fact, be likely to result in endangering you or others. A copy of the prosecuting agency's petition will be mailed to you at the address you provided to the law enforcement agency. If you wish to have a hearing you must notify the clerk of the County Superior Court within 30 days of the filing date of the prosecuting agency's petition. The clerk will then set a date and time for such hearing and a notification will be mailed to you.

Domestic violence related: Notice of Rights
Unless the items confiscated from you are to be used as evidence in any criminal procedure, the firearm(s) shall be made available to you from the law enforcement agency 5 business days after the seizure or as soon thereafter as possible. You will then be required to obtain the DOJ gun clearance as explained above. If, within this time, the law enforcement agency believes the return of these items will likely result in endangering the victim or person reporting a domestic violence assault, you will be advised, and within 60 - 90 days of the seizure a petition will be initiated in Superior Court to determine if these items should be returned.

FOUND: Items will be held for 90 days. FINDERS: Prior to the expiration of 90 days, contact the Property Officer for information on how to claim this property. (WEAPONS/BIKES WILL NOT BE RELEASED)

STOLEN OR EMBEZZLED PROPERTY: Pursuant to Penal Code Section 1413, upon the filing of a Declaration of Ownership, and after you have been given an opportunity to be heard on the matter, the property may be turned over to the person claiming to be the true owner. If criminal charges are filed, you may ask the court that hears the case to review the decision of this department concerning the return of property. YOU HAVE 15 DAYS from the date of this notice to assert any rights you may have in the property taken from you. If you choose to waive your rights such action MAY NOT BE HELD AGAINST YOU IN ANY CRIMINAL PROCEEDING. You must notify the PROPERTY OFFICER IN WRITING within 15 days of this notice if you wish to make a claim.

EVIDENCE: Wait 30 days, then contact the Property Officer for release information. Items will be released 90 days after court adjudication of the case. If a special circumstance or need is involved, please contact the Property Officer.

SAFEKEEPING: Items will be held for safekeeping 60 days for pickup by owner.