Arrest, Search, Seizure, Warrant Was this seizure legal?

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gypsy

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I live in California & have been separated from my husband for well over a year.
I asked my estranged husband to help me install a new toilet, stove & some other things so he was at my home & I let him sleep on my couch for a few days. Apparently, while I was away from home grocery shopping, the police just happened to come to my house looking for my estranged husband apparently on an outstanding warrant for who knows what. During his arrest the police seized some hunting rifles which were in plain view next to the door. These rifles have been in my possession for over 20 years & were obtained legally. Did the police have the right to seize these guns?
My estranged husband is not a parolee from any prison although he may have been on probation. I feel like my space & property have been invaded. What can I do, if anything, to have these guns returned to me & keep the police from knocking on my door looking for my non-resident estranged husband?
 
On the issue of the police picking up your ex at your house. YES- they can pick him up there. If there is an outstanding warrant on a person and he is beleived to be at a residence the police can go there to look for him. On the gun situtation you have a hard pressed issue. If for many reason which I will list a few that you ex would not be allowed to own a gun they may confiscate them as evidence. You may need an attorney to get the weapons back (as he does not live at that location, you may have to prove this and prove your ownership of the weapons). I would contact the police department property room and ask them a few questions about what kind of hold they have on the guns.
Did he really sleep on the couch? ;)

Here are a few reason he would not be allowed to have the guns:

Unless otherwise stated, if you fall into any of the following categories you are prohibited from possessing a firearm in CA for life.

Person convicted of a felony or any offense in section 12021.1 of the Penal Code.
Person who is a fugitive from justice.
Person while under indictment for just about anything.
Person who's addicted to drugs.
Person denied a firearm as a condition of probation.
Juveniles who are or were wards of the juvenile court because of some crime they committed can't own a firearm until they reach age 30.
Person who has just about any kind of restraining order filed against them can't possess a firearm while the restraining order is in effect.
Person found by a court to be mentally incompetent to stand trial, found not guilty to some crime by reason of insanity, or found to be a mentally disordered sex offender.
Person placed under a conservatorship because of a mental disorder or alcoholism.
Person who communicates a threat to a licensed psychotherapist against someone else and the psychotherapist reports it to law enforcement is prohibited from possessing a firearm for the next six months.
Person taken into custody as a danger to self or others and committed to a mental health facility is prohibited from possessing a firearm for the next 5 years.
Person who is a voluntary patient in a mental health facility is prohibited from possessing a firearm between admission and release.



Firearms Prohibiting Misdemeanors

Any person convicted of any of the following misdemeanors is prohibited from owning a firearm in CA for 10 years following the conviction.


Threatening public officers, public employees, school officials, public appointees, judges or their staff or immediate families.
Intimidating witnesses or victims.
Attempting to take a firearm away from a police officer.
Unauthorized possession of just about any kind of weapon in a state or local public building or at a public meeting.
Possessing a loaded firearm within the state capitol or legislative offices.
Possessing a loaded firearm within the governor's mansion or the residence or any other constitutional officer.
Providing a firearm to a person for use by a criminal street gang.
Assault or battery on anyone.
Assault with a stun gun, taser, deadly weapon, or any instrument likely to produce great bodily injury.
Shooting at an inhabited dwelling or just plain grossly negligent discharge of a firearm.
Willful infliction of physical injury on a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of a child of one of these people.
Violation of a court order against harassment, disturbing the peace, threats or acts of violence, or violating a domestic protective/restraining order.
Drawing, exhibiting, or using any deadly weapon other than a firearm for any reason except self-defense.
Drawing or exhibiting a firearm in the presence of a police officer.
Purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm. This does not include obvious toys.
Inflicting serious bodily injury by drawing or exhibiting a firearm or any other deadly weapon.
Threatening to commit any crime that might result in the death or great bodily injury to another person.
Possessing a firearm in a school zone or on school grounds.
Willfully, maliciously, and repeatedly following or harassing another person (stalking).
Carrying a loaded firearm with the intent to commit a felony.
Possessing any deadly weapon with the intent to assault anyone.
Allowing a firearm in or to be discharged from a motor vehicle that you own or are driving (no matter who in the vehicle has possession of the firearm).
Criminal possession of a firearm in public while wearing a mask.
Unauthorized possession, transportation, manufacture, or sale of a machinegun.
Possession of armor piercing ammunition.
Carrying a concealed or loaded firearm or any deadly weapon or wearing a police uniform while picketing. (Does this include real cops?)
Bringing or sending contraband into or possessing contraband within a juvenile or youth authority institution. (Contraband could be a pack of cigarettes)
Firearms prohibitions as specified in sections 8100, 8101, & 8103 of the Welfare and Institutions Code (You gotta look this up yourself).
 
This "refusetostop" member has to be some sort of low-level cop because he will invariably always take the police officer's side in the forum. He will also always try to make you feel stupid for something even though the state has the burden of proof. He states many inaccuracies as well. There is NO LAW that states that just because you are addicted to any drug you cannot possess a firearm. Let's say that my neighbor, Joe Blow is addicted to marijuana. That doesn't mean anyone has the right to know about that. Also, each independent state has its own set of rules according to the law. The fact of the matter is, if you are not a convicted felon, you can own a gun!

As far as your dilemma, Gypsy, all you have to show is that your ex-husband's name is not on the lease or ownership of your home and that the guns belong to you or a family member (other than your ex). Don't waste your money on a lawyer yet either. It's not worth it. Go to the district courthouse in your area and talk to your District Attorney and explain to him the situation and he will very likely return your property. And don't believe everything you hear on this site just because it comes from a registered user.
 
Oh. And who are you, if I may ask the question? May be you could give us some info about your background. Which law school you have been to, for example, or something that tells me that you really have a vastly superior knowledge than "refusetostop".

Your statement concerning gun ownership "The fact of the matter is, if you are not a convicted felon, you can own a gun" at least is plain wrong.
 
I am sorry cmlzip I did not add in the CA penal code sections for you.
You can try the California office of attorney-general web page or this link which I took the time to find for you.It contains the same information I gave in sixty five pages I am sure you will find most interesting: http://ag.ca.gov/firearms/forms/pdf/cfl.pdf
 
An interesting variety of inputs to my question...thanks...the house is jointly owned by my ex-husband & I however he has not lived at the address in 15 years. I have lived alone in the house for the last 18 months. All utilities are in my name & I make all the mortgage payments. The only mail that comes with my ex's name is the monthly mortgage statement since his name is the primary on the loan. The only time he comes to the house is to help me out on repairs such as a current leak in the water main which is why he was there. On a few of his visits, I have let him sleep on the couch. My across-the-street neighbor can attest to the fact that my ex does not reside at the house. Also, I was told by a friend that I could file a motion with the court for the return of the weapons however I have no clue as to what that encompasses. Other than the fact that I don't want to see my ex serve jail time for what is my property, two of the guns are quite collectible, one being an antique civil war rifle & the other a 50 cal. Hawkin's black powder. The other two guns, a 410 & a 22, are my hunting rifles, but are replaceable. Thanks again for everyone's comments as I try to sort all this out.
 
Yippppieeee - the judge dismissed the case on grounds of insufficient evidence & has ordered the return of my guns. The only problem I have now is I have to travel 100 miles to pick them up because the local sheriff's claim they don't maintain weapons in their property room. I don't believe that but I guess I have to play their foolish game. It's a great inconvenience for me as I'm disabled & have to rent a car etc. but the guns are worth thousands of dollars so I'll get them one way or the other.
 
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