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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 6. CONTROL OF DEADLY WEAPONS |
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Title 2. WEAPONS GENERALLY |
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Division 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE |
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Chapter 1. Seizure and Subsequent Procedures |
Section 18275.
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(a) Any firearm or other deadly weapon that has been taken into custody and held by any of the following law enforcement authorities for longer than 12 months, and has not been recovered by the owner or person who had lawful possession at the time it was taken into custody, shall be considered a nuisance and sold or destroyed as provided in subdivisions (a) and (b) of Section 18000 and subdivisions (a) and (b) of Section 18005:
(1) A police, university police, or sheriff's department.
(2) A marshal's office.
(3) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(4) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(5) A peace officer, as defined in subdivision (d) of Section 830.31.
(6) A peace officer, as defined in Section 830.5.
(b) If a firearm or other deadly weapon is not recovered within 12 months due to an extended hearing process as provided in Section 18420, it is not subject to destruction until the court issues a decision, and then only if the court does not order the return of the firearm or other deadly weapon to the owner.