PROPERTY AND EVIDENCE
The storage and release of property and evidence is controlled and maintained by the Field & Evidence Specialist. All property releases are done by appointment only. Appointments can be made by calling (530) 550-2338 Monday through Thursday, 8:00am - 5:00pm with the exception of holidays observed by the Town of Truckee.
Questions related to the release of evidence should be directed to the Field & Evidence Specialist at least 30 days after the seizure date. Items held for evidence may only be released after any prosecution of the criminal case is completed and the appropriate appeal periods have passed. The District Attorney's Office must approve the release or return of all evidence used in a criminal case. You may contact the DA's Office at (530) 582-7832 to inquire about the status of your case.
Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and wishes to have the firearm returned shall submit a Law Enforcement Gun Release Application to the Department of Justice (DOJ) to determine whether he/she is eligible to possess a firearm (§ 33850 Penal Code). The application is available online at Bureau of Firearms, California Department of Justice or by calling (916) 263-4887. It may take up to 8 weeks to process the application. The letter, once received, is only valid for 30 days. It would be in your best interest to contact the Field & Evidence Specialist before submitting the application to DOJ to make sure that it is available for release.
If the Firearm was taken for safekeeping, the owner must start the clearance process with DOJ within 180 days. The owner must then provide the clearance letter to this agency within 30 days of receipt. If the owner is prohibited from ownership and the firearm is not illegal, he/she may sell/transfer the firearm to a licensed firearms dealer pursuant to § 33850(b) Penal Code. Per §33875 Penal Code, failure to claim the firearms within 180 days will result in destruction of the firearms. A storage fee of $50 per firearm may be charged for any firearms held for safekeeping.
MENTAL HEALTH INCIDENTS - NOTICE OF RIGHTS
If you were detained under § 5150 Welfare & Institutions Code and are subsequently involuntarily admitted to a mental health facility, you are prohibited from owning, possessing and controlling firearms for a period of five (5) years in California. If you currently own any firearms, you must surrender them to your local law enforcement agency.
If firearms and/or other deadly weapons were confiscated from you pursuant to § 8102 Welfare & Institutions Code, a report of the details surrounding the confiscation of these items may be given to the county prosecuting agency and/or the Town Attorney. The prosecuting agency must file a petition in the County Superior Court within 30 days of the confiscation, alleging that the return of these items would be likely to result in endangering you or others, or the items must be returned to you by the law enforcement agency if you are not prohibited from possessing firearms. If the prosecuting agency does file such a petition, you have a right to a hearing on the question of whether returning these firearms would, in fact, be likely to result in endangering you or others. A copy of the prosecuting agency's petition will be mailed to you at the address you provided to the law enforcement agency. If you wish to request a hearing, you must notify the clerk of the County Superior Court within 30 days of the filing date of the prosecuting agency's petition. The clerk will then set a date and time for the hearing and a notification will be mailed to you.
§ 2080.1 Civil Code requires that found property with a value of $100.00 or more be turned over to the police department. Found property will be held for 90 days. If at the end of the 90 days the property is not claimed or returned to the rightful owner, the finder may claim the property by calling the Field & Evidence Specialist at (530) 550-2338. It is the finder's responsibility to notify the Field & Evidence Specialist prior to the 90 days if there is a desire to claim the property. Unclaimed property will be disposed of after 90 days if no inquiries have been made. Weapons may not be claimed by the finder.
In accordance with § 2080.10(a) Civil Code, items will be held for 60 days. If the owner is unable to retrieve the property they may authorize a third party to retrieve the property on their behalf. Authorization must be in written form along with a photo copy of the owner's identification. The authorized third party must make an appointment with the Field & Evidence Specialist. Items not claimed within 60 days will be disposed of.
ITEMS SEIZED BY SEARCH WARRANT
If your property was seized as a result of a search warrant, you must obtain a valid court order in order to retrieve your property.
STOLEN OR EMBEZZLED PROPERTY
If criminal charges are filed you may ask the court that hears the case to review the decision of this department concerning return of property.
For more information contact Angela Smith, Field and Evidence Specialist.