PROPERTY RELEASE AND STORAGE INFORMATION
PROPERTY IS RELEASED BY APPOINTMENT ONLY!

CALL THE PROPERTY OFFICER AT (209) 831-6694
MONDAY - THURSDAY BETWEEN 8:00 a.m. - 4:00 p.m. FOR AN APPOINTMENT

FIREARMS: Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned, shall submit a Law Enforcement Gun Release Application (LEGRA) to the State of California Department of Justice (DOJ) to determine whether he or she is eligible to possess a firearm (PC 12021.3). To obtain an application, contact the Tracy Police Department Property Officer. For more information on the LEGRA process, view the DOJ website at www.ag.ca.gov/firearms or by calling DOJ at (916) 263-4887. It may take up to 30 days to process the application.

Upon receiving clearance from DOJ, the owner must provide the clearance letter to this agency within 30 days of its receipt. If the owner is prohibited and the firearm is not illegal, he/she may sell the firearm to a licensed firearms dealer (12071 PC). Per 12021.3g PC unclaimed firearms will be destroyed after 180 days.

MENTAL HEALTH INCIDENTS – NOTICE OF RIGHTS: If you were detained under WIC 5150 and subsequently involuntarily admitted to a mental health facility, you are prohibited from owning, possessing and controlling firearms for a period of five (5) years in California. If you currently own any firearms, you must contact the nearest law enforcement agency to surrender those firearms.

If the firearms and/or other deadly weapons were confiscated from you pursuant to Welfare and Institutions Code section 8102, a report of the details surrounding the confiscation of these items may be given to the Tracy City Attorney’s Office. The Tracy City Attorney’s Office must file a petition in the County Superior Court within 30 days, alleging that the return of these items would likely result in endangering you or others, or the items must be returned to you by the Tracy Police Department if you are not prohibited from possessing firearms. If the City Attorney’s Office does file such a petition, you have a right to a hearing on the question of whether returning these items would, in fact, likely result in endangering you or others. A copy of the City Attorney’s petition will be mailed to you at the address you provided to the Tracy Police Department. If you wish to have a hearing you must notify the clerk of the County Superior Court within 30 days of the filing date of the City Attorney’s petition. The clerk will then set a date and time for such hearing and a notification will be mailed to you.

DOMESTIC VIOLENCE RELATED INCIDENTS - NOTICE OF RIGHTS: Unless the items confiscated from you are to be used as evidence in any criminal procedure, the firearm(s) shall be made available to you from the Tracy Police Department 5 business days after the seizure or as soon thereafter as possible. You will be required to obtain the Department of Justice firearm clearance as explained above. If, within this time, the Tracy Police Department believes the return of these items will likely result in endangering the victim or person reporting a domestic violence assault, you will be advised, and within 60 - 90 days of the seizure a petition will be initiated in Superior Court to determine if these items should be returned.

FOUND: Items will be held for 120 days. FINDERS: After 90 days and before 120 days, contact the Property Officer if you desire to claim the found property. (WEAPONS WILL NOT BE RELEASED.)

STOLEN OR EMBEZZLED PROPERTY: Pursuant to Penal Code Section 1413, upon the filing of a Declaration of Ownership, and after you have been given an opportunity to be heard on the matter, the property may be turned over to the person claiming to be the true owner. If criminal charges are filed, you may ask the court that hears the case to review the decision of this department concerning the return of property. YOU HAVE 15 DAYS from the date of this notice to assert any rights you may have in the property taken from you. If you choose to waive your rights such action MAY NOT BE HELD AGAINST YOU IN ANY CRIMINAL PROCEEDING. You must notify the PROPERTY OFFICER IN WRITING within 15 days of this notice if you wish to make a claim.

EVIDENCE: FELONY ARREST CASES: Evidence items will be held for 60 days from the date of sentencing. If items are not claimed by the owner at that time, they will be disposed of or destroyed according to law. MISDEMEANOR ARREST CASES: Evidence will be held for 30 days from the date of sentencing. If items are not claimed by the owner at that time, they will be disposed of or destroyed according to law

SAFEKEEPING: Items will be held 60 days for pick-up by the owner. Items not claimed within 60 days will be disposed of or destroyed according to law. If the property owner is incarcerated or otherwise unable to claim the property in person, a designated person may claim the property as long as a Notarized Property and Evidence Release Form has been completed and submitted to the Property Officer.