Special Requirements

Firearms held for safekeeping or evidence as a result of a family problem, a violent crime or potentially violent crime or mental health issue have special requirements for release.

Petitions Under Penal Code §12028.5

In those cases where Imperial Police has confiscated firearms or other deadly weapons into custody pursuant to Penal Code §12028.5, a petition may be initiated in the Superior Court within 30 days of seizure (an ex parte petition may be filed to extend the time if necessary).

In those instances where a petition is filed pursuant to Penal Code §12028.5, the Superior Court will determine whether the firearms or other deadly weapons should be returned.

Non-petition Release

When a petition is not filed, the Property and Evidence Unit shall obtain a Department of Justice firearm clearance and an authorization for release of the weapons from the assigned case agent.

Welfare & Institutions Code § 8102

Welfare and Institutions Code §8102 mandates police officers confiscate weapons from persons detained under the provisions of Welfare and Institutions Code §5150.

Pursuant to Welfare and Institutions Code §8102, the healthcare facility must notify the detained individual of the procedure for return of the weapons.

Additional Information

Inquiries regarding the status of the potential release of weapon(s) may be directed to the Imperial Police Property and Evidence Unit by calling (760) 355-4329, (760) 483-1410, or by email at evidence@imperial.ca.gov.