Policy Text
Property Bureau Page 1 of 4 57/02.0 (REV 2/96)
PROPERTY THAT CANNOT BE RELEASED/PROPERTY THAT HAS
RESTRICTIONS REG ARDING ITS RELEASE
By law, certain types of items c annot be released under any cir cumstances and are
subject to confiscation. Some it ems are to be confiscated under specific circumstances.
The purpose of this order is to i dentify items to be confiscate d and restrictions or
exceptions that apply. I. Property
A. Blackjacks, billy clubs, metal knuckles, sling shots, nuncha kus, sand bags,
sand clubs, metal throwing star s and flechette darts are contra band and
shall be confiscated (Section 12020 PC).
B. Switchblade, spring blade, s nap blade, gravity, and butterfl y knives with
blades two inches or more in l ength are contr aband and shall be
confiscated (Section 653k PC).
C. Burglary tools used in the co mmission or an attempt to commi t a crime are
contraband and shall be confi scated (Section s 466 and 1417.6 PC ).
D. Dirks and daggers concealed on t he person or within a vehicl e are
contraband and shall be confisca ted (Sections 12020 and 12028 P C).
E. Explosives, illegal fireworks, and destructive devices (refe r to Section
12301 PC) are contraband and shall be confisca ted (Sections 123 50 and
12351 H&S and Section 12303 PC).
F. Metal or armor penetrating ammunition is contraband and shal l be
confiscated (Section 12320 PC).
G. Booby traps are contraband and s hall be confiscated (Section 12355 PC).
H. Tear gas is contraband unless a valid permit has been issued (Section
12403.7[6][a] PC).
I. Silencers for firearms are contraband and sha ll be confiscat ed (Section
12520 PC).
J. Blowguns and blowgun ammuni tion are contraband and shall be
confiscated (Section 12582 PC).
Property Bureau Page 2 of 4 57/02.0 (REV 2/96)
K. Stun guns are illegal if posse ssed by (a) a convicted felon; (b) anyone
convicted of an assault; (c) a person addicted to the use of a narcotic
drug; or (d) a minor u nder the age of 16.
1. A DOJ rap sheet and a CJIS r ecords check will be run on each
person requesting the re lease of a stun gun.
L. Any item from which the manuf acturer’s nameplate, serial num ber, or any
other distinguishing nu mber or identification mark has been rem oved,
defaced, covered, altered, or de stroyed is contraband and shall be
confiscated (Section 537e PC).
M. Food, beverages (alcoholic or non-alcoholic), prescriptions, and non-
prescription medicines, medica tions, and other similar items su sceptible to
contamination which have been ou t of the possession and control of the
owner for any period of time are t o be confiscated (Section 422 7 H&S and
department policy).
N. Any property used in the commi ssion of a crime or in an atte mpt to commit
a crime of which the defendant i s convicted is contraband and s hall be
confiscated (Section 1417.6 PC).
O. No deadly weapon will be rel eased if booked under Section 81 02 W&I.
1. Section 8102 W&I allows conf iscation of any deadly weapon in the
possession of a person who has been detained or apprehended for
examination of thei r mental condition.
2. To obtain a release for such a deadly weapon, the person fro m
whom they were confiscated must obtain a Superior Court order
specifying that the person in question is not a danger to other s.
P. Theft cases wherein the defenda nt is convicted require proof of ownership
(valid store receipt), or a cour t order for the release of any item that may
logically have been stolen (Section 1413 PC).
Q. An employee of a public agency cannot request a finder’s cla im on
property found during the course o f their employment (Section 2 080.3
California Civil Code).
II. Firearms
A. Any firearms mentioned in Sec tion 12020 or 12025 PC is a nui sance. If
booked under Section 12028 PC, it shall be confiscated.
B. No firearm shall be released to a person convicted of a felo ny (Section
922 of the Federal Gun Control Ac t of 1968, Title 18, and Secti ons 12021
and 12560 PC).
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C. A concealable firearm will not be released to a person convi cted of any
crime enumerated in Sec tions 12001.6 or 12021. 1 PC (Sections 12 021
and 12021.1 PC).
1. Section 245(a)(2) PC 2. Section 246 PC 3. Section 417(a)(2) PC ( two or more violations)
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