California: How to get back a pistol from impound?

[EA-15]

Long story short: I was working graveyard shift. My boss tells me there's an SUV ramming my car. I run out and they drive off. I chase them while at the same time calling my brother to get my pistol.

I ended up losing the vandals because my car was not safe to drive at high speeds. Met my brother at work and took my pistol. A fellow coworker found the vandals in the other end of the lot. My boss takes chase in his truck, I'm in my car, and my brother in his car. My boss and I can't continue the chase so we head back to the office. My bro calls and says the vandals are pulled over at a freeway exit. I drive there and run to the front of the SUV yelling at them "*** is your problem! I need to talk to you!" My pistol is holstered and under my shirt. The SUV attempts to run me over.

I aim at the driver while getting out of the way and shoot twice over the vehicle. I was hoping he'd swerve and not hit me but he was still coming towards me while I was running to my right (his left). I let off seven more shots into the left side of the SUV (I only had 9 rounds) in an attempt to disable the vehicle. I hit the right rear but it wasn't enough and they got away.

I called 911 and went back to the office. Police came, asked questions, we went to the crime scene, etc. The SUV is reported stolen but the officer who went to the registered owner's house said that the resident was jumpy and nervous and possibly lying.

Anyways, months go by and I'm charged with negligent discharge and discharge of a firearm at an occupied vehicle. (two felonies)

I didn't have the money to fight and accepted a plea bargain to three years probation and 300 hours of community service. The strikes will be removed and felonies reduced to misdemeanors after probation is SUCCESSFULLY completed (ie no transgressions).

Vandals show up in court and said they thought my car did a hit and run on the SUV in the parking lot (there's a restaurant across my office) and said the only red car in the lot they saw was mine so they decided to ram it because they thought my car hit their SUV! Vandals lied to police about the SUV being stolen, yet they walk away scot free!

I lose $7500 for my lawyer, $500 in fines, $9000 to PAY FOR THE GUN DAMAGE TO THE SUV/Vandal's insurance company, and $2000 for tuition and books after I had to withdraw from a semester because of the pending trial. What sucks is the cops knew I got the bum deal. The judge knew I got the bum deal (which is why I got the most lenient punishment for two felonies), but they couldn't do anything about it. They were sympathetic and supportive and I thank the cops and judge for that.

Now, I cannot own a gun anymore. I would like to get the gun out of impound (it's been there for about two and a half years) and sell it (I can expect at least the $350 I paid for it brand new). It's a Browning BDM, practically brand new and only fired 9 times.

Anyone know of the legal procedures to get it back so I can sell it or transfer ownership to my dad so he can sell it? My lawyer is no longer retained and all other lawyers want a consultation fee before speaking with me!

 

[jsalcedo]

Sounds like you made some unwise decisions and came off lucky that you will not have felonies on your record.

I would write off the gun and count your blessings.

 

[trooper]

Sorry to hear that, sounds like you really had bad luck. Might not have been a good idea to shoot at the disappearing vehicle, though.

If the cops and the judge knew your were getting the shaft in court, why couldn't you make a self-defense case of it? Didn't you have any witnesses for the SUV driver trying to run you over?

This is probably not very useful to you now, but aren't there any means of insurance for such things? Over here I can have an insurance that covers my legal expenses (within certain limits) for a premium of about 50,- € per year. I'll definitely get one when I buy a gun.


Regards,

Trooper

 

[VNgo]

I'm afraid I have to say I don't believe you; your story sounds downright ridiculous.

 

[thefitzvh]

dont feed the trolls

 

[boofus]

Maybe you should buy a flamethrower instead. They aren't regulated in any way and not even considered Firearms by the ATF. It would probably be more effective on SUVs attempting to run you down.

Hell maybe you can carry a flamethrower in California, unless they specifically passed a law for flamethrower-control. They are designed for 'spraying from the hip!' and mowing down crowds of people and you don't even need ATF approval to own one.

Lol, i probably shouldn't give those leftwing idiots any ideas...
Soon hair spray and cigarette lighters will be illegal on the socialist coasts.

 

[Jim March]

Unfortunately, this IS believable.

Wouldn't be the weirdest such case I've heard of and even personally documented after the fact.

 

[tyme]

Lessons I had reinforced from your story:

-If you're facing charges, particularly felonies, and you're not guilty, take it to court. They offer pleas partly to avoid the resource drain of a jury trial, and partly because they may not have much of a case.

-Since you admitted guilt, I can't see you ever getting the gun back, even to sell it immediately to an FFL. Particularly since you're now unable to own guns.

-Chasing after vandals, then shooting at them when they try to run you over, is not the most brilliant tactical plan in the world. You are not the police. You are probably not going to succeed when you attempt a car chase and citizens arrest.

-Don't use a gun you've never fired to defend yourself. You're not likely to be as accurate. It may not have mattered, but you'll never know.

 

[Jim Diver]

I don't buy it either....

I smell a troll.

 

[Pilgrim]

EA-15

Where and when in California did this take place?

 

[EA-15]

August 17, 2001. San Diego.

I know I did wrong...I learned the hard way. I can't change anything that happened in the past. I'm just trying to salvage what I can.

 

[Jim March]

If they popped you on a felony, you've lost the guns.

Sigh.

 

[EA-15]

I just completed my 18 month probation review and Judge Mudd (yes, the same judge in the David Westerfield/Danielle Van Damme murder trial) struck the strikes from my record and reduced the felonies to misdemeanors as per the plea agreement (successfully complete the first 18 months of a 36 month probation period). I'm just not sure if the felonies count even after they've been reduced.

 

[BSlacker]

If this gun can be returned, doubt it myself. The answer is in Cal Penal Code 12028.5. This covers how to get a firearm back if you are NOT convicted. If you are a convicted felon you must transfer your firearms before the conviction to give them away, at the word guilty by the Judge any other firearms you have should have been gathered up by the court officer. There is a form filled out around this event, do you know what it is, did you fill it out? Usually the firearms are declared a "nuisance" by the agency holding it and destroyed within the calendar year. When convicted of a felony that removes youur you would have been advised of your firearms rights being removed and asked about any other firearms you have possesion of and asked to sign the form. Here in LA county they are pretty good about this.

 

[Pilgrim]

Even if the convictions don't count as felonies, California has a number of violent misdemeanors that prohibit possession for ten years unless the convictions are "erased" by the court.

There is a possibility the district attorney would let you sell your pistol to a FFL gun dealer and the gun dealer would show up at the law enforcement agency that has possession with a bill of sale to take possession of the pistol. You would never have possession of it in this case. Since this is a pain in the butt for all concerned, you would have to make it advantageous for the district attorney, like you need the money to pay fines and restitution.

You learned a terrible lesson that night. The first guy to complain to the police becomes the victim. Cops have another name for the first guy; he is generally the loser of a fight.

Pilgrim

 

[EA-15]

Thanks for the replies. Yes, I learned things the hard way (which is sometimes the best way to learn). Initially, I was in denial/shock. Why me? But I then realized that I deserved everything and I am responsible for putting myself in this predicament.