Special Order - Release of Firearms - RESCINDED 3-25-21Date:
To:
From:
Subject:
City of Long Beach
Working Together to Serve
April 17, 2020
SPECIAL ORDER
Robert G. Luna, Chief of Police
SPECIAL ORDER -RELEASE OF FIREARMS
Memorandum
Effective immediately, this special order creates policy regarding the release of
firearms in Long Beach Police Department (LBPD) custody or control.
California Penal Code (CPC) § 33855(a) and (b) states that a firearm can only be
returned to a person who is listed in the automated firearms system (AFS) as the
owner/possessor of the firearm, and not to any other person. Prior to releasing any firearm, the LBPD must receive an original California Department of Justice
(DOJ) Law Enforcement Gun Release Letter (LEGR), authorizing the release.
Circumstances may exist when a requestor is not the registered owner (in AFS),
the following additional forms of documentation may be used by a requestor to
show a right of ownership: •Power of Attorney,
•Letter of appointment as executor of the registered owner's estate,•Documentation of registration of ownership,•Court order,
•Other documentation that may prove a right of ownership.
The individual seeking the release of the firearm must first contact DOJ to initiate
a firearms eligibility check, this can be done via the DOJ website at
www.oag.ca.gov/firearms/. Once DOJ completes the firearms eligibility check, the
requestor will receive an LEGR with an embossed gold seal confirming or denying
eligibility to possess a firearm.
Per the DOJ Bureau of Firearms, an LEGR is only valid for 30 days from the date
on the letter. The LBPD will not accept any LEGR after 30 days. A failure to redeem the firearm within the 30-day period will require the individual to re-contact
the DOJ to conduct another firearms eligibility check.
FIREARMS DISPOSAL
Per CPC § 33875 (a) any unclaimed firearm may be disposed of by a law
enforcement agency 180 days after the owner has been notified that the firearm is
available for return.
OFFICER RESPONSIBILITIES
The handling officer will ensure the following steps are completed:
SPECIAL ORDER -RELEASE OF FIREARMS Revised April 20, 2020
Page 1 RESCINDED 3-25-21 SEE SECTION 8.3.5.3
1.Inspect the weapon to verify that the serial number, make and model match
the firearm information listed on the LEGR,
2.Ensure that the weapon meets the legal standard of possession, i.e., not an
illegal or banned firearm,
3.Meet the requestor at the Property facility, take possession of the originalLEGR containing the gold seal,
4.Provide the Property Clerk with a completed Gun Release Form, and
5.Release the firearm to the requestor.
Per LBPD Manual§ 8.3.2.2 AMMUNITION, ammunition shall not be released with guns from the Property Section. The ammunition may be released on the following
work day.
DOJ DENIAL
If the requestor receives a letter from DOJ denying eligibility to possess a firearm, the requestor may initiate a third-party transfer sale with the use of a local Federal
Firearms Licensed (FFL) dealer. The requestor must provide the officer with a
copy of the LEGR prior to releasing the firearm to the FFL. The officer will check
out the firearm from the Property Section, and transport and release the firearm to
the FFL dealer. The requestor is responsible for making arrangements with the
FFL dealer to receive the firearm.
Firearms may be shipped to an FFL out of the area only after the officer has verified
that a valid FFL dealer is willing to accept the firearm. The owner must arrange for
the shipping.
Per DOJ, the handling officer is not required to show state identification and is not required to be listed in a third-party sale. If the FFL dealer insists on listing the
officer in the sales transaction, refer the FFL dealer to DOJ for clarification of the
third-party sale process (916-227-7527). In the event the third-party sale cannot
be performed, the officer will return the firearm to the LBPD Property Section.
I<. rff� 4.��·ZDRobert G. Luna, Chief of Police Date
RG:EDH:TB:jb M&O-SharepoinUDepartment Firearms Release Procedure
SPECIAL ORDER -RELEASE OF FIREARMS Revised April 20, 2020
Page 2 RESCINDED 3-25-21 SEE SECTION 8.3.5.3