Legal Question in Criminal Law in California

My friend is a gun collector. When he was suspected of a crime, the police executed a search warrant and seized his collection of 28 guns. He was subsequently convicted and sentenced to 23 years for attempted murder. I understand that the gun(s) used in the crime may not be returned, but isn't his wife (California) entitled to get his guns back? They're legal, and she just wants to sell them. Her husband agrees she can and should, but the judge apparently told the P.D. that she can't have them because they're not hers. What should she do?


Asked on 3/07/13, 2:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Unless the court ordered the guns destroyed, which is unlikely, the defendant has the right to have the guns released to a firearms dealer for sale or transfer to an eligible person. It will take a court order to get this done. Have her contact me if interested in getting this done, so she can either obtain them for herself or other person if they are 'qualified', or to sell them. Do not delay in doing this, as the police agency rules determine how long they will hold them after conviction before disposing of them or destroying them.

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Answered on 3/07/13, 3:11 pm


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