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Evidence and Property



MONDAY through THURSDAY, BETWEEN 10:00 a.m. - 3:00 p.m.
Email:  csi@tracypd.com

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 33850). To obtain an application, visit the DOJ website at www.oag.ca.gov/firearms.  It will take approximately 30 to 60 days to process your application.

Upon receiving the clearance letter from the DOJ, the owner must provide the letter to the Evidence and Property Section within 30 days of the date of the letter. (Only the owner will receive a letter from the DOJ.  The Tracy Police Department does not receive a copy, so it's important for the owner to contact the Evidence and Property Section as soon as the letter is received.)  If the owner is prohibited from possessing firearms, he/she may sell the firearm to a licensed firearms dealer.  Per 33875 PC, unclaimed firearms will be destroyed after 180 days.

MENTAL HEALTH INCIDENTS – NOTICE OF RIGHTS:  If you were detained under Welfare and Institutions Code (WIC) 5150 and subsequently 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 WIC 8102, a report of the details surrounding the confiscation of those items may be given to the Tracy City Attorney’s Office. The Tracy City Attorney’s Office must file a petition with the San Joaquin County Superior Court within 30 days, alleging that the return of the items would likely result in endangering you or others, otherwise the items must be returned to you as long as 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 San Joaquin 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 a criminal procedure, the firearm(s) shall be made available to you within five (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 with the San Joaquin County Superior Court to determine if these items should be returned.

FOUND PROPETY: Items will be held for 90 days. FINDERS: Prior to the 90 days, contact the Evidence and Property Section if you desire to claim the found property. (FIREARMS AND OTHER WEAPONS WILL NOT BE RETURNED TO THE FINDER.)

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 EVIDENCE AND PROPETY SECTION IN WRITING within 15 days of this notice, if you wish to make a claim.

EVIDENCE:   After a criminal case has been adjudicated and all Defendants have been sentenced, evidence may be released to the owner, as long as certain conditions have been met.  If the evidence was seized pursuant to a search warrant, a court order may be required before the evidence can be returned.  You may also be required to receive authorization from the San Joaquin County District Attorney's Office before the evidence can be released.

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 Evidence and Property Release Form has been completed and submitted to the Evidence and Property Section.


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