Jurris.COM
Section 33880 Of Chapter 2. Return Or Transfer Of Firearm In Custody Or Control Of Court Or Law Enforcement Agency From California Penal Code >> Division 11. >> Title 4. >> Part 6. >> Chapter 2.
33880
. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution imposing a charge
equal to its administrative costs relating to the seizure,
impounding, storage, or release of a firearm or ammunition.
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm came into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition.
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) A charge may not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) Costs for a hearing or appeal related to the release of a firearm or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner.
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm came into the custody or control of the law enforcement agency.
(d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition.
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4) A charge may not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) Costs for a hearing or appeal related to the release of a firearm or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner.
