If you were arrested:

Evidence - If the property taken during an arrested is labeled as evidence this property will not be available for release until the court case has been adjudicated.

Safekeeping - Per law, any property labeled 'safekeeping' will be held for up to 120 days. Once you are released from jail you can make an appointment with the property clerk, and with a proper photo ID, your property will be released to you. If you do not claim your property within the 120 days, your personal items may be destroyed as prescribed by law. WAIS Document Retrieval Government Section 26642

Seized Pursuant to Search Warrant - Property seized under a search warrant may never be released without a court order. Penal Code Section 1536 WAIS Document Retrieval

If you were held for 5150/8102 welfare and institutes code:

Firearms - If a firearm was taken at the time you were committed to mental health, and criminal charges will be filed the following applies:

1. Your firearms will be held until your court case has been adjudicated.

2. If you threatened to harm yourself or anyone at the time of your committal, the Ripon Police Department will file a petition with the San Joaquin Courts for an order prohibiting you from owning, possessing, or purchasing firearms.

If a firearm was taken at the time you were committed, and criminal charges will not be filed the following applies:

1. Based on the circumstances surrounding your committal the Ripon Police Department may file a petition within 30 days to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others. Per Welfare and Institutes Code Section 8102 WAIS Document Retrieval

Safekeeping - Per law any property labeled 'safekeeping' will be held for up to 120 days. Once you are released from jail you can make an appointment with the property clerk and with a proper photo ID your property will be released to you. If you do not claim your property within the 120 days your personal items may be destroyed as prescribed by law. WAIS Document Retrieval Government Code Section 26642.

Property that is believed to be stolen or embezzled

Property that has been taken from you by this agency, which is allegedly stolen or embezzled, 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 the property.

WAIS Document Retrieval Penal Code Section 1413.

Domestic Violence Firearms Hold:

Per Penal Code Section 12028.5 WAIS Document Retrieval a police officer at the scene of a domestic violence incident involving a threat to human life or a physical assault, shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered to pursuant to a consensual search as necessary for the protection of the peace officer or other deadly weapon shall be held less than 48 hours. Except as provided in subdivision (e), if a firearm or other deadly weapon is not retained for use as evidence related to criminal charges brought as a result of the domestic violence incident or is not retained because it was illegally possessed, the firearm or other deadly weapon shall be made available to the owner or person who was in lawful possession 48 hours after the seizure or as soon thereafter as possible.

Found Property:

Per California Civil Code Section 2080.3(a) WAIS Document Retrieval If the reported value of the property is $250 dollars or more and/or is a bicycle and no owner appears and proves his/her ownership of the property within 90 days, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his/her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency.

Special Attention Regarding Release of Firearms:

Form: Gun Release Application

Effective January 1, 2005, section 12021.3 is added to the Penal Code (PC) and states that any person who claims title to any firearm that is in the custody or control of a court of law enforcement agency, and who wishes to have the firearm returned to him or her, shall make application for a determination by the Department of Justice as to whether he or she is eligible to possess a firearm. Therefore, effective January 1, 2005, prior to law enforcement’s return of a firearm to its owner, the individual seeking the return of the firearm must complete and submit to the DOJ Law Enforcement Gun Release Application. The Department of Justice (DOJ) will no longer conduct Law Enforcement Gun Release checks at the request of law enforcement agencies or courts.

Attached is a DOJ Law Enforcement Gun Release application. Additional application forms are available on-line at www.ag.ca.gov/firearms or by calling (916)263-4887. The application form will instruct you how to obtain firearms eligibility clearance. The fee for the law enforcement gun release eligibility check is $20 for the first firearm (long gun or handgun) and $3 for each additional handgun.

Once the check is completed by DOJ, you will be notified via U.S. Mail of the eligibility check results. If you have been approved, you must provide a copy of the DOJ determination notice to the Ripon Police Department within 30 days from the date of the notice.

If you do not wish to obtain possession of the firearm, or you are determined ineligible to possess the firearm by DOJ and you want to sell or transfer the firearm, you will need to make arrangements to facilitate the sale or transfer of the firearm(s) to a firearms dealer licensed pursuant to PC 12071 by DOJ (provided the firearm(s) is otherwise lawful). It is recommended that the firearm owner submit a No Longer in Possession form to DOJ once the transfer is complete, to disassociate him or herself from the firearm. No Longer in Possession forms are available on the Firearms Division web site at www.ag.ca.gov/firearms or by calling (916)263-4887.

You may visit the above web site to obtain further information or contact Department of Justice at the phone number listed above should you have further questions.