Can I get a firearm returned after it was confiscated by police because of probation violation? 5 Answers as of February 27, 2011

My friend and I had planned to go out shooting at a shooting range one afternoon and it got late and we never made it there. I left my gun at his apartment as we were going to go the following day and I didn't want to drive home at night with the gun in my car. The following morning he was arrested (he was on probation at the time) and they searched his home and found my gun and a shotgun and brass knuckles in his apt. They charged him with illegal possession of a firearm (my gun) and several other charges, nothing to do with my gun. He has pled "no contest" to the charges and will be sentenced in July. How do I have my gun returned to me? I am the legal owner of the gun. I did not report it stolen as I knew where it was. I sent a form to the DOJ to get the paperwork to show I am legally entitled to own and posses a gun in CA. What is my next step? The police department says the gun is going to be destroyed. I need to know what to do next.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are not a prohibited person, barred from ownership, and there is no court order for gun destruction, then you may bring an Application to the court for return of your firearm. You will have to prove ownership. If serious about hiring counsel to do this, if it is financially worth doing, feel free to contact me.
Answer Applies to: California
Replied: 2/27/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Typically, when a firearm is part of a crime, it will be destroyed. One suggestion is to hire an attorney to help you with an injunction or a court order to release the firearm.
Answer Applies to: California
Replied: 2/27/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Hire an attorney.
Answer Applies to: California
Replied: 2/27/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
I would recommend contacting an attorney to get an order for you to get your gun back.
Answer Applies to: California
Replied: 2/27/2011
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