Any person who claims title to any firearm, is in the custody or control of a court of law or law enforcement agency and who wishes to have the firearm shall submit a Law Enforcement Gun Release to DOJ (http://www.oag.ca.gov/firearms) or call (916) 227-7527 to determine whether he or she is eligible to possess a firearm (PC 33850-33890). It may take up to 6-8 weeks to process the application. DOJ will send a letter of eligibility to the applicant claiming title which will have a "Gold Seal" of authenticity.
In addition, ALL firearms must be registered with DOJ, before release.
* If the firearm(s) was taken as SAFEKEEPING, the owner must start the clearance process with DOJ within 180 days of the date the firearms are taken as safekeeping. Upon receiving clearance from DOJ, the owner must contact the Citrus Heights Police Department Property and Evidence unit within 30 days, in order to make an appointment to pick up the firearms. The letter is voided 30 days from the date listed on the top. If the letter is expired, a new letter is required for the release.
* If the firearm(s) was take as EVIDENCE in a crime or suspected crime, you will have to wait to obtain the clearance letter, until the criminal case is closed. Then, upon closure of the criminal case, you will have 180 days to start the clearance process, through DOJ, to obtain your firearm(s). Per PC 33875, firearms will not be retained after 180 days if unclaimed.
* If the firearm(s) was taken during a domestic violence incident, per PC 18250, your firearms may be taken into custody. Unless the firearms confiscated from you are to be evidence in any criminal procedure, the firearm(s) shall be made available to you from the law enforcement agency 5 business days after the seizure or as soon as thereafter possible. You will then be required to obtain a DOJ gun clearance letter as explained above. If CHPD determines that the return of the firearm(s) results in the endangerment of the victim or others, you will be advised within 60-90 days from the date of the seizure. At which time, a petition will be initiated in the Superior Court of Sacramento County, to determine if these firearm(s) should be returned. It should be noted, that if a criminal case is pending in court, regardless if the weapons are held as evidence or safekeeping, DOJ will not issue a clearance letter, therefore the firearm(s) cannot be released.
* If the firearm(s) was taken during a Mental Health Incident, if you were detained under Welfare and Institutions Code 5150, your firearms may be taken into custody per Welfare and Institutions Code 8102(a). If you are admitted to a mental health facility, you are prohibited from owning, possessing, and controlling firearms for a period of 5 years in California. If you currently own any firearms, you must contact the nearest law enforcement agency to surrender those firearms, alleging that your possession of the firearms may cause endangerment to yourself or others. You have a right to a Hearing by that Court. Please contact the Property and Evidence Unit for further detailed information.
To submit a Law Enforcement Gun Release to DOJ online. Go to theBureau of Firearms