RETURN OF INHERITED ANTIQUE GUN COLLECTION

[V FIORENTINO]

I inherited my father's antique gun collection in 2010. I am 81 years of age. My son was arrested and charged with charges in 2019. In 2019 without advising me of my rights and without a warrant, the Los Gatos Police Department knocked on my door and said that they wanted to take my collection for "safekeeping" They said it was a new law but never explained the law. Once they took the guns, the control of the guns was placed with the District Attorney of Santa Clara County. My guns were in a locked safe and my son had no access to these guns. Finally, the Los Gatos Police released the guns to an FFL that I had hired. In order to get the collection, the FFL had to sign a document that the guns could not be released to me. IT IS MY COLLECTION BY INHERITANCE. This inheritance had NOTHING to do with my son's case. I have tried for three years to have the guns returned to me but they refuse saying I have to get a court order. I wish to sue the police department and the DA for what they have done. The guns are valuable and I lost my home of 48 years because of the fact I could not sell this inheritance. I hope you can help!

 

[Zigner]

Does your son live with you?

 

[retic]

Does the FFL still have the firearms?

 

[adjusterjack]

I wish to sue the police department and the DA for what they have done.

What a foolish idea. Do you have any idea what that would cost you? You'd pay a lawyer many thousands and you'd lose. Neither the police nor the DA did anything wrong. Do you have $10,000 or $20,000 to throw at this? I'm guessing not, or you would have hired a lawyer long ago to get a court order to release the guns. That would have cost you a lot less.

I suggest you hire a lawyer now and concentrate on getting a court order for the FFL to release the guns.

 

[Tax Counsel]

I have tried for three years to have the guns returned to me but they refuse saying I have to get a court order.

They are correct. You needed to file the appropriate court action to seek return of your firearms.

I wish to sue the police department and the DA for what they have done. The guns are valuable and I lost my home of 48 years because of the fact I could not sell this inheritance. I hope you can help!

I'm not seeing any lawsuit here against the police or DA for money damages. But you'd need to see a CA attorney who can review all the details to be sure of that. Even if you might have had a claim, you may have needed to comply with rules requiring notice to the government agencies you plan to sue before you can file the lawsuit, and those rules tend to not give you a real long period to do that. By the way, you probably can't get anything for the loss of the home out of this. Your claim is almost certainly limited to the value of the guns that were seized. If you needed money to pay off liens on the home, that was your obligation. If the firearms were that important to saving the home, then you needed to act promptly three years ago to sue to get them back.

Bottom line here: see an attorney for advice on what the next step is and what options you have.

 

[commentator]

For curiosity's sake, what type of guns, how many guns, does your son live with you, and why did the FFL not sell the guns and give you the money?

 

[Zigner]

Unfortunately, the OP hasn't responded to anything here since his initial post on 9/10.