Legal Question in Criminal Law in California

Back in November, 2012, some police came into my house saying they were allowed to search it because my mom was on probation. Upon entering, they found three guns of mine, all legally mine, and took them as well as arrested my mother. My mother was released but now they're saying the case is still open and that they can legally hold my guns for up to three years. Is this right? They weren't involved in any crime other than being in the house and my mother's probation was for a nonviolent crime. How can they just keep them?

Asked on 7/22/13, 11:55 am

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If your mother has a felony conviction or a conviction for specified misdemeanors she can be charged with a possession of the guns anytime within the three year statute of limitations. Thus the weapons can conceivably be used as evidence when and if she is charged. Do you have receipts in your name? You might try calling the police chief but no guarantee that it will work.

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Answered on 7/22/13, 1:40 pm

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