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Summary of Seizure, Forfeiture and Return of Firearm Laws |
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Monday, 29 November 1999 16:00 |
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This article contains a general summary of California laws relating to firearm forfeiture, seizures, and return of firearms after seized or forfeited.
SUMMARY: Forfeiture for Violation of the Penal Code
Penal Code section 12028 requires forfeiture of (a) any weapon illegally carried upon the person or within any vehicle and (b) any firearm illegally owned, possessed, or used in the commission or attempted commission of any felony or specified misdemeanor. Penal Code section 12029 requires forfeiture of any short-barreled shotgun, short-barreled rifle, cane gun, wallet gun, plastic firearm, firearm not immediately recognizable as a firearm, zip gun or unconventional pistol as specified in Penal Code section 12020. Penal Code section 12251 requires forfeiture of any machinegun possessed in violation of the permit and/or license provisions of Penal Code sections 12230 through 12250. Forfeiture for Violation of the Fish and Game Code
Fish and Game Code section 12157 permits the court to order forfeiture of any device illegally used to take birds, mammals, fish, reptiles, or amphibians. Depending upon the facts of the case, this forfeiture may include firearms. |
