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Firearm Return Informational Guide

How Do I Get My Guns Back?

Firearm Return Policy

Any person who claims title to any firearm which 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 (LEGR) to the California Department of Justice (DOJ). The DOJ will determine whether that person is eligible to possess a firearm. This determination is similar to the process used when a firearm is purchased through a Federal Firearms License (FFL) approved dealer. In order to submit an LEGR please visit this website: http://www.oag.ca.gov/firearms or call (916) 227-7527 to determine if you are eligible to possess a firearm. For more information on California Law, see Penal Codes (PC) 33850 through 33890. Beginning December 1, 2021, applicants must electronically submit the LEGR application for the return of firearm(s), ammunition, and/or ammunition feeding device(s) via  California Firearms Application Reporting System (CFARS) . Applicants that do not already have a CFARS account will be required to Create an account in order to directly communicate with the Department and to check the status of an application. The Department will no longer accept paper LEGR applications. Paper applications received via US mail, UPS, FedEx., etc., postmarked after November 30, 2021, will be returned unprocessed with instructions on how to submit the application via CFARS. It may take up to 6-8 weeks to process your application. If approved, DOJ will send a Letter of Eligibility to the applicant claiming title to the firearm with a “Gold Seal” of authenticity. In addition, all firearms must be registered with DOJ, before release.

The following scenarios are possible:

* If the firearm(s) were taken as SAFEKEEPING, the owner must start the clearance process with DOJ within 180 days of the date the firearms were taken as safekeeping. Upon receiving a Letter of Eligibility from DOJ, the owner must contact the Sonora Police Department Property and Evidence unit within 30 days to make an appointment to pick up the firearms. The letter from DOJ is voided 30 days from the date listed on the document. If the letter has expired, a new letter is required for the release.

* If the firearm(s) was taken as EVIDENCE in a crime or suspected crime, you must wait to obtain the clearance letter until the criminal case is closed. That letter will come from the County District Attorneys’ Office. 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, 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 within five business days after the seizure or as soon as thereafter possible. As explained above, the firearm owner will then be required to obtain a DOJ Letter of Eligibility. If the Sonora Police Department 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. A petition will be initiated in the Superior Court of Tuolumne County to determine if the 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 Letter of Eligibility and the firearm(s) cannot be released.

* If the firearm(s) was taken during a MENTAL HEALTH INCIDENT and if a person was detained under the California Welfare and Institutions Code (WIC) 5150, their firearms may be taken into custody per WIC 8102(a). If a person is admitted to a mental health facility they are prohibited from owning, possessing, and controlling firearms for 5 years in California. If the person currently owns any firearms, they must contact the nearest law enforcement agency to surrender those firearms since the possession of the firearm(s) may cause endangerment to the individual or others. You have a right to a hearing by the County Superior Court if you disagree with that decision.