Police Department Policy

16-10_Firearms-Ammo Booking_1821-12262019

Sacramento County Sheriff

Policy Text
Page 1 of 6 16/10 (REV 3/07) Firearms and Ammunition Booking The purpose of this General Order is to outline procedures for booking, release, and disposal of firearms and ammuniti on taken into custody and held by the Sheriff's Department. I. Firearms Booking A. A Sacramento County Sheri ff’s Department report number is re quired for the booking of any firearm. Fo r the purpose of this section, f irearm does not include a BB gun, pellet gun, airsoft gun or paintball gun. Ammo, magazines, and other firearm ac cessories shall be booked as gen eral property and should be noted on t he report as to which firearm they belong. B. The person taking custody of t he firearm is responsible to e nsure: 1. The Firearms Property Re ceipt/Report is completed, incl uding appropriate information on ownersh ip and/or from whom the firea rm was taken, completing the ack nowledgement/waiver section, the “firearms taken for” se ction, and the “authority” section. 2. A copy of the completed Fi rearms Property Receipt/Report i s given t o t h e p e r s o n f r o m w h o m t h e f i r e a r m s ( s ) w a s t a k e n . 3. The firearm is unloaded , rendered safe by blocking open the action, properly tagged and packaged. 4. Any special handling (i.e. p rocess for prints, pending crim e lab analysis, etc.) is noted on t he report and the packaging. C. Evidence 1. Firearms held for evidence ar e those firearms either directl y connected with or suspected of being connected with a crime. Firearms held as evidence shal l not be released or disposed of until one or more of the following criteria have been met: Page 2 of 6 16/10 (REV 3/07) a. The case involving the fi rearm has been completely adjudicated and this Department has appropriate documentation. b. Written authorization is recei ved from the District Attorney ’s Office for release prior to fi nal disposition of the case. c. Written authorization is rec eived from the investigating officer’s supervisor. d. Written authorization is r eceived from the court. e. Authorized by statutory law. D. Found Property 1. Firearms booked as “found pr operty” are those firearms tha t have been lost or misplaced by the ri ghtful owner and the rightful o wner is unknown. These firearms may be returned to the rightful own er upon satisfactory proof of ownersh ip and compliance with Penal Code Section 12021.3. 2. Such rightful owner may be the finder of the item(s) as l ong as other legal requirements are met , i.e., firearm is lawful to p ossess, the finder can legally possess the firearm, no “true” owner can be located, the normal “finders” p rocess has been satisfied, etc. E. Safekeeping 1. General a . F i r e a r m s booked for “safekeeping” are those firearms taken into custody in order to preven t a crime or to prevent misuse . An owner must be known and identified on the property report. b. If no authority/section code is indicated on the Firearms Property Report/Receipt, a Conti nuation Report or a copy of the Crime/Incident Report must be attached to the Firearms Property Receipt/Report to expla in the reason for placing the firearm in safekeeping. c. The Property Bureau will hold th e firearm per the provisions of Penal Code Section 12021.3. 2. Safekeeping per P enal Code Section 12028.5 Page 3 of 6 16/10 (REV 3/07) a . T h i s s e c t i o n r equires firearms to be taken for safekeeping at d o m e s t i c v i o l e n c e i n c i dents involving a threat to human life o r p h y s i c a l a s s a u l t. If the seizure is pursuant to Penal Code 12028.5, indicate 12028.5 in the authority and section box o n t h e P r operty Receipt/Report form. ( 1 ) P e r P enal Code Section 12028.5, i f not retained for u s e a s e v i d e n c e r e l a t e d t o c r i m i n a l c h a r g e s b r o u g h t a s a r e s u l t o f the domestic violence incident or if not c o n f i s c a t e d b e c a u s e i t w a s i l l e g a l l y p o s s e s s e d , the f i r e a r m s h a l l b e m ade available to the owner or p e r s o n w h o w a s i n l a w f u l p o s s e s s i o n 4

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