How can I get my firearms back that were taken as Evidence or Safekeeping?
June 24, 2020
Pursuant to California Penal Code §33850, upon notification from the Truckee Police Department that the firearm(s) is available for release, the individual seeking the return of the firearm shall submit an application for a determination by the Department of Justice as to whether he/she is eligible to possess a firearm. Further information may be obtained by calling Property and Evidence at (530) 550-2338.
FIREARMS, AMMUNITION, AND/OR AMMUNITION FEEDING DEVICES
Any person who claims title to any firearm, ammunition, and/or ammunition feeding device that is in the custody or control of a court or law enforcement agency and wishes to have the items returned shall submit a Law Enforcement Release Application to the Department of Justice (DOJ) to determine whether he/she is eligible to possess such items (§ 33850 Penal Code). The application is available online at Bureau of Firearms, California Department of Justice https://oag.ca.gov/firearms. It may take up to 8 weeks to process the application. The letter, once received, is only valid for 30 days. It would be in your best interest to contact the Field & Evidence Specialist before submitting the application to DOJ to make sure that the item(s) is available for release.
If the firearm, ammunition, and/or ammunition feeding device was taken for safekeeping, the owner must start the clearance process with DOJ within 180 days. The owner must then provide the clearance letter to this agency within 30 days of receipt. If the owner is prohibited from ownership and the items are not illegal, he/she may sell/transfer the firearm, ammunition, and/or ammunition feeding device to a licensed firearms dealer pursuant to § 33850(b) Penal Code. Per §33875 Penal Code, failure to claim the items within 180 days will result in destruction of the items. A storage fee of $50 per firearm may be charged for any firearms held for safekeeping.