Legal Question in Family Law in California

I voluntarily surrendered rifles to Los Angles County Sheriff Dept and now want them back. They now say I need a court order, but don't know what paperwork to fill out. I have a clearance letter from Dept of Justice, the sheriff dept gave me one back, but now since Respondent (soon to be ex) wants the guns, they now say I need court order. There has been a Entry of Default entered and spouse never showed up for OSC hearing. They ordered spousal support only for me (Petitioner) but now don't know who to put as Respondent to get guns back. Spouse or Sheriff Dept and what papers do I need to fill out for California? Sheriff Dept says whoever files papers first gets guns, but I have reciepts for some of them in my name or parents name. This is not fair. He should not be able to get the guns. Has a past history of violence (which states in police report) but there are no restraining orders because he moved to Arizona, but keeps coming back to try to get guns. When I get my check on Saturday, I can send you some money for information.


Asked on 6/22/11, 7:45 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It is not clear why you surrendered rifles to the LASD. Firearms cannot be released to someone who is prohibited from possessing them.

To obtain firearms, a LEGR (Law Enforcement Gun Release form is needed) PLUS proof of who is the rightful owner of the firearm. If you are in a divorce, and the ownership of the firearms are disputed, the sheriff is not going to release them until there is a court order confirming ownership.

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Answered on 6/23/11, 1:10 pm


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