Property & Evidence

The Property and Evidence unit is responsible for and maintain control of all evidence and property booked into and stored at the Evidence Facility. Property and evidence are properly stored and its location is accurately documented and maintained. The Property and Evidence unit assures that property is properly packaged, labeled or booked safely, according to established procedure.

Property To Be Returned (Firearms)

Effective January 1, 2005 penal code section 12021.3 was enacted. This law created the Law Enforcement Gun Release Program (LEGRP). The program and all associated processes are administered by the California Department of Justice, Bureau of Firearms.

Any firearm in the custody or control of law enforcement may not be released to the owner without a California Department of Justice clearance letter. This includes all firearms taken as evidence, found property, or safekeeping. Any firearm submitted to the Sheriff's Department Evidence Unit will be processed in accordance with the LEGRP. There are no exceptions. It may take up to 30 days to process the application. If the firearm is evidence in a criminal case, the detective shall have final authorization of the disposition of the firearm. If firearms are not claimed within 180 days of notification that the firearm is available for return the law enforcement agency may dispose of the firearm (PC 33875). The Property & Evidence Unit is responsible for mailing application materials and instructions to the gun owner. Any questions regarding the application for release must be addressed with the California Department of Justice, Bureau of Firearms. The Sheriff's Department has no authority to waive the release conditions or act on behalf of a gun owner.

The California Department of Justice charges a $20 processing fee for the application and first firearm (long gun or handgun). An additional processing fee of $3.00 is assessed for each additional handgun. These are fees levied by the Department of Justice and paid directly to the state.

The Department of Justice will register the firearm to the applicant and conduct a firearms eligibility check, including a search on the National Instant Criminal Background Check System. If the individual seeking a gun release is deemed eligible to possess a firearm, the Department of Justice will issue a clearance letter. Presentation of the letter to the Sheriff's Department is required for a firearm release.

Department of Justice clearance letters expire 30 days after issuance. Firearms not claimed within 180 days after issuance of a gun release letter are eligible for disposal.