Evidence will be held for 30 days from the date of sentencing. If items are not claimed by the owner at that time, they will be disposed of or destroyed according to law.

Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall electronically submit a Law Enforcement Release (LER) application for the return of firearm(s), ammunition, and/or ammunition feeding device(s) via the California Firearms Application Reporting System (CFARS). Applicants that do not already have a CFARS account will be required to create an account in order to directly communicate with the Department of Justice and to check the status of an application.

For additional information regarding the Law Enforcement Release process, please refer to the Information on the Law Enforcement Release Program webpage. For more information about CFARS, please visit the Firearms Reporting & Law Enforcement Release Application webpage.

Upon receiving the clearance letter from the DOJ, the owner must provide the letter to the Evidence and Property Section within 30 days of the date of the letter. (Only the owner will receive a letter from the DOJ. The Tracy Police Department does not receive a copy, so it’s important for the owner to contact the Evidence and Property Section as soon as the letter is received.) If the owner is prohibited from possessing firearms, he/she may sell the firearm to a licensed firearms dealer. Per California Penal Code Section 33875, unclaimed firearms will be destroyed after 180 days.

Found items will be held for 90 days.

Finders: Before the 90 days, contact the Evidence and Property Section if you desire to claim the found property. (Firearms and other weapons will not be returned to the finder.)

If you were detained under California Welfare and Institutions Code Section 5150 and subsequently admitted to a mental health facility, you are prohibited from owning, possessing and controlling firearms for a period of five (5) years in California. If you currently own any firearms, you must contact the nearest law enforcement agency to surrender those firearms.

If the firearms and/or other deadly weapons were confiscated from you pursuant to California Welfare and Institutions Code Section 8102, a report of the details surrounding the confiscation of those items may be given to the Tracy City Attorney’s Office. The Tracy City Attorney’s Office must file a petition with the San Joaquin County Superior Court within 30 days, alleging that the return of the items would likely result in endangering you or others, otherwise the items must be returned to you as long as you are not prohibited from possessing firearms. If the City Attorney’s Office does file such a petition, you have a right to a hearing on the question of whether returning these items would, in fact, likely result in endangering you or others. A copy of the City Attorney’s petition will be mailed to you at the address you provided to the Tracy Police Department. If you wish to have a hearing you must notify the clerk of the San Joaquin County Superior Court within 30 days of the filing date of the City Attorney’s petition. The clerk will then set a date and time for such hearing and a notification will be mailed to you.

Items will be held 60 days for pick-up by the owner. Items not claimed within 60 days will be disposed of or destroyed according to law. If the property owner is incarcerated or otherwise unable to claim the property in person, a designated person may claim the property as long as a Notarized Evidence and Property Release Form has been completed and submitted to the Evidence and Property Section.

Pursuant to California Penal Code Section 1413, upon the filing of a Declaration of Ownership, and after you have been given an opportunity to be heard on the matter, the property may be turned over to the person claiming to be the true owner. If criminal charges are filed, you may ask the court that hears the case to review the decision of this department concerning the return of property. You have 15 days from the date of this notice to assert any rights you may have in the property taken from you. If you choose to waive your rights such action may not be held against you in any criminal proceeding. You must notify the evidence and property section in writing within 15 days of this notice, if you wish to make a claim.

You may call us at (209)831-6694 during normal business hours. Please provide us with your name, a case number, a serial number or other descriptive information so we can more effectively locate your property.

Yes. Property and Evidence can only be released by appointment. Call (209)831-6694 for information. If no answer, please leave a message with your name, a call back telephone number, a case number, a serial number or other descriptive information so we can more effectively locate your property.

Any item turned in to the Tracy Police Department as found property must be held for 90 days while attempts are made to locate the owner. If the item has not been claimed after 90 days, it can be released to the finder under certain circumstances. You must contact the Evidence and Property Section after 90 days of turning in the property, by calling (209)831-6694. (Firearms or weapons can not be released to the finder.)

Safekeeping property can not be released without first making an appointment with the Evidence and Property Section. You must first call (209)831-6694 to make an appointment. Safekeeping property will be held for 60 days. After 60 days the property will be disposed of.

Felony Arrest Cases: Evidence can not be released until 60 days after the date of sentencing.

Misdemeanor Arrest Cases: Evidence can not be released until 30 days after the date of sentencing. For additional information, please call the Evidence and Property Section at (209)831-6694.

You will need a notarized letter of authorization before someone else can pick up your property. The authorized letter must have the name of the person picking up the property. The person picking up your property must bring a valid government issued picture ID.

The Notarized Property and Evidence Release Form can be downloaded, printed, and used for this purpose. This process does not apply to firearms. Firearms can only be released to the owner.

We will accept valid state issued driver’s licenses, valid state issued identification cards, valid resident alien cards, or other valid US Government issued picture ID cards. Without proper identification, we will not release property.

Yes. Before any firearm may be released to the owner, the owner must first contact the Tracy Police Department Evidence and Property Section to obtain the proper forms so the California Department of Justice can perform a records check. This is mandated by law and ensures the owner is eligible to possess firearms. This process takes approximately 30 to 60 days.

Additional information on firearm laws is available on-line at the California Department of Justice website.