California · Penal Code

PEN §18265: (a) No firearm or other deadly weapon taken into custody pursuant to this division shall be held less than 48 hours.

Civil

What this law says, in plain English

Law enforcement must hold seized firearms or deadly weapons at least 48 hours. If not needed as evidence or because illegally possessed, items must be returned within five business days after owner complies with licensing requirements. Court may award attorney's fees in return-of-property lawsuits.

Read the full statutory text

(a) No firearm or other deadly weapon taken into custody pursuant to this division shall be held less than 48 hours. (b) Except as provided in Section 18400, if a firearm or other deadly weapon is not retained for use as evidence related to criminal charges brought as a result of the domestic violence incident or is not retained because it was illegally possessed, the firearm or other deadly weapon shall be made available to the owner or person who was in lawful possession 48 hours after the seizure, or as soon thereafter as possible, but no later than five business days after the owner or person who was in lawful possession demonstrates compliance with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. (c) In any civil action or proceeding for the return of any firearm, ammunition, or other deadly weapon seized by any state or local law enforcement agency and not returned within five business days after the initial seizure, except as provided in Section 18270, the court shall allow reasonable attorney’s fees to the prevailing party.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.