A lawsuit brought by the NRA and the California Rifle & Pistol Association (CRPA) against the Los Angeles Police Department (LAPD) has been settled, with the City agreeing to revise its policy for seizing and returning firearms, and to pay NRA and CRPA legal fees. Often firearms are seized under circumstances other than as evidence in a criminal case, and there are procedures in place which many cities, including Los Angeles, have been ignoring. The state laws covering the seizure and return of firearms for domestic violence reports or in conjunction with temporary restraining orders were changed dramatically on January 1, 2000. Many cities haven't revised their procedures to comply with those changes. Where no specific statute applies, cities have routinely required the individual from whom a firearm is seized to get a court order for its return. But if a firearm is not "evidence" or "contraband," the government has, for many years, been required to get a court order to keep the property. NRA and CRPA support the City’s ability to keep firearms out of the hands of those prohibited by law. But a blanket policy to not return guns is simply unconstitutional. By revising its policies, the LAPD has set up a process by which the City Attorney can seek petitions to keep firearms only if appropriate and legal. Otherwise the firearms must be returned to their rightful owners promptly.
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