If your property was booked as evidence, it cannot be released until the case is adjudicated with the Contra Costa Superior Court (with exception of a court order), or the assigned Detective allows for the release.

Penal Code Section 1536 requires a court order for the release of property held by a search warrant.

When a case involves asset forfeiture, both the civil and criminal cases must be complete. Before release of the property, the Antioch Police Department must receive an Asset Forfeiture Property Release Form from the Asset Forfeiture District Attorney.

Evidence will be held until it is no longer needed for the prosecution of the case plus an additional 180 days. Some instances require us to maintain control of the evidence for as long as the person is incarcerated or until the person is deceased. We have no desire to keep property any longer than we legally are obligated to. We try to have victim’s and defendant’s property ready for release as quickly as the case allows.

Property booked as safekeeping has no evidentiary value to the case and may be released once it is entered into the property database. However, this does not apply to firearms, drugs, or money.  All perishable food and open containers of alcohol will be destroyed at intake. General property (including bicycles) booked as safekeeping will be held for sixty (60) days before it is disposed of. To request an extension contact us in writing (300 L Street, Antioch, CA 94509). The Antioch Police Department will not extend the date more than one year from the date upon which we took possession of the item.

Property booked as Found, generally has no identifiable owner, and is held for ninety (90) days prior to disposal. If the Antioch Police Department can determine an owner for the property, we will mail a notification to the owner at their last known address.

If you wish to file a Finder’s Claim for property you found, tell the responding Officer or APD personnel that you want to file a Finder’s Claim. At the completion of the required ninety (90) day holding period, we will send a notification to the address you provide. The letter will contain additional instructions about how to claim the property.

The owner of the property can designate another person to be their representative to collect the property, once it is available for release. To be appointed as an owner representative, the person will need one of two documents.

Option 1

An authorizing statement signed by the owner and notarized by a Public Notary. In the event the property owner is in custody, a social worker can arrange for a notary at the local correctional facility.

Option 2

An authorizing statement signed by the owner and witnessed by a deputy, a non-sworn employee of the sheriff’s office, or a correctional officer. The witness shall print and sign their name, print badge number, title, and date witnessed.

DOMESTIC VIOLENCE

The weapon has been held as required by law. The property and evidence technician shall return the weapon and/or ammunition to the owner within five days of the expiration of a restraining order if the requirements of CA Penal Code 33850 and CA Penal Code 33855 have been met. Every person claiming ownership will be subject to a criminal background check for any firearm ownership restrictions, prior to the release of the weapon, in accordance with CA Penal Code 33850. (See: RETURN OF FIREARM AND AMMUNITION BELOW).

GUN VIOLENCE RESTRAINING ORDERS

Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the requirements of CA Penal Code 33850. (See: RETURN OF FIREARM AND AMMUNITION BELOW).

WEAPONS (WELFARE & INSTITUTIONS CODE SECTIONS 5150, 8102)

Weapons seized pursuant to either of these sections may be returned to the owner after 30 days unless the law enforcement agency has petitioned the court for an order for other disposition of the weapon(s). Contact the detective, after 30 days from the date of seizure, to determine if the weapon can be returned. If the Antioch Police Department has requested a court hearing regarding the weapon(s), the weapon(s) cannot be returned until the disposition of the court hearing. If the court orders the weapon(s) returned, you have 30 days to pick up the weapon(s) in accordance with CA Penal Code 33850 (See: RETURN OF FIREARM AND AMMUNITION BELOW).

RETURN OF FIREARM AND AMMUNITION

In order to claim your firearm or ammunition, you must apply to the California Department of Justice (DOJ) for a background check. An application must be completed electronically at oag.ca.gov/firearms (see  below.) You can contact DOJ at 916-227-7527 if you have any questions. It may take 30 days or longer to process your application. Do not submit an application to DOJ until notified your firearm is ready for release.

Individuals seeking the return of a firearm, ammunition and/or ammunition feeding device that is in the custody or control of a court or law enforcement agency must submit a LER Application along with the appropriate fees to the Department. Additionally, if an individual is seeking the return of a long gun purchased prior to January 1, 2014 which has not been subsequently recorded in their name by either a self reporting application, or registered as an assault weapon or .50 BMG rifle, should submit a Firearms Ownership Report application (BOF 4542A), pdf , along with the appropriate fees.

An eligibility check will be conducted to determine if the applicant is lawfully eligible to possess firearms, ammunition and/or ammunition feeding devices. A notice of the results will be sent to the applicant via U.S. mail. The notice must be presented to the court or law enforcement agency within thirty (30) days of the date of the notice. Notices over 30 days are considered expired.  If you allow your notice to expire, you will need to submit a new application and fees to initiate a new eligibility check.

Applicants must electronically submit a Law Enforcement Release (LER) application for the return of firearm(s), ammunition, and/or ammunition feeding device(s) via the California Firearms Application Reporting System (CFARS). Applicants that do not already have a CFARS account will be required to create an account in order to directly communicate with the Department and to check the status of an application.

Firearms not claimed 180 days after their case is adjudicated (with the exception of 5150 firearms) will be eligible for destruction per California Penal Code 12028.

Please refer to the California Department of Justice Bureau of Firearms website for additional legal information regarding firearms.