HomeMy WebLinkAbout36- Council Office CITY OF SAN BERK .RDINO - REQUEST I -)R COUNCIL ACTION
From: Councilman Ralph Hernandez Subject: Confiscated Weapons
Dept: Council Office
Date: November 2 , 1993
Synopsis of Previous Council action:
Recommended motion:
To direct the City Attorney to prepare a City Ordinance that
will prohibit the Police Department from selling confiscated
weapons.
Signature
Contact person: Philip Arvi 7n Phone: 5208
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262
1 JAMES F. PENMAN, City Attorney COPY
RICHARD J. MORILLO, Sr. Assistant City Attorney
2 300 North "D" Street, Room 668
. 'L tJ
San Bernardino, California 92418 - Centraj
3 Telephone: ( 714 ) 384-5355 San Bernardino �,��,,�t
County Clerk
4 Attorneys for Petitioner,
DANIEL A. ROBBINS, Chief of Police
5 CITY OF SAN BERNARDINO By
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN BERNARDINO
10
11 DANIEL A. ROBBINS, CHIEF OF ) Case No.�
POLICE, CITY OF SAN BERNARDINO, )
12 ) ORDER ON PETITION
Petitioner, ) SEEKING JUDICIAL
13 ) DETERMINATION RE
VS. ) RETURN OF FIREARM
14 j (W & I Section 81021
15 )
Respondent, )
16 )
17 In accordance with the provisions of Welfare and
18 Institutions Code, Section 8102, respondent having failed to file
19 a response within thirty ( 30 ) days of the date of this notice of
I
20 petition herein;
21 IT IS HEREBY ORDERED that the following firearms are ordered
22 forfeited by default to the confiscating agency, the San
23 Bernardino Department:
24 H&R .32 Cal . Revolver, Serial No. AT122804, ;
Mussberg Shotgun, Serial No. J592346; Tag and
25 Winchester Rifle, Serial No. 3003097; INNOW
26 Petitioner is further ordered to destroy said firearms.
27 _
Dated: ti
JUD AP'. THE .- .EER!`I"DR COURT
28
Aim: Ord]
36
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SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3, and 4a & b. following services (for an extra _
• Print your name and address on the reverse of this form so fee):
that we can return this card to you. 1. Addressee's Address ~
• Attach this form to the front of the mailpiece, or on the
back if space does not permit.
• W,ite "Return Receipt Requested" on the mailpiece next to 2. ❑ Restricted Delivery
the a.'icle number. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
P 535 443 256
4b. Service Type
San Bernardino , CA y❑y Registered ❑ Insured
'E*Certlfied ❑ COD
❑ Express Ma ❑ Return Receipt for
Merchandise
7. Date of Delivery
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5. Signat ddr e) 8. Addressee's ddr s(Only if requested
and fee is aid)
6. ignatu ent)
PS Form 3811, October 1990 *U.S.GPO:1960---27:lll" DOMESTIC RETURN RECEIPT
I T Y O F
an banardino
O F F I C E O F T H E T Y n T T O R N E Y
CERTIFIED - RETURN RECEIPT REQUESTED
May 26, 1992
San Bernardino, CA
Re: Petition on Return of Firearms
Daniel A. Robbins, etc. v.
San Bernardino Superior Court
Dear
This office filed a petition seeking a judicial determination
re: return of firearms on The petition
concerned weapons taken from your home on ��, by the San
Bernardino Police Department.
You wrote to us on December 21, 1991, asking what to do to get
your firearms returned. I responded in a letter dated January 10,
1992, which advised that to get your weapons back it would be
necessary for you to request a hearing from the court in which the
petition was filed.
As of this date the City has taken no action on the petition.
The guns remain in the possession of the Police Department. Before
we proceed to obtain an order from the court granting permission to
destroy the weapons, we want to give you one last opportunity to
request a hearing. To do so, you need to go to the San Bernardino
Courthouse, located at 351 N. Arrowhead Avenue, Fifth Floor, Civil
Filing window. The Clerk will give you a form to file a response
to the petition and will set the hearing date at that time. Please
be sure to take the copy of the petition with you so that you have
the title and case number available for reference.
We will allow you up to and including June 8, 1992, to request
a hearing. If you have not done so by then, we will proceed to
obtain an order from the court granting permission to destroy the
PRIDE 44
IN PROGRESS
I e= Pe urn ofor irearms
May 26, 1992 Page 2
weapons.
Please let me know if you have any questions about the
foregoing.
Very truly yours,
Richard J. to
Sr. Assist nt ity Attorney
RJM:ms ltr]
cc: Ralph Hernandez
1420 West King Street
San Bernardino, CA 92410
I T Y O F
an bernardino
V/j
O F F I C E 0 F T H E C I T Y A T T 0 R N E Y
January 10, 1992
San Bernardino, CA 92408
Re: Daniel A. Robbins, etc. v.
San Bernardino Superior Court
Dear
We received your letter dated December 21, 1991, relative to
the above matter in which you inquired about what you should do to
attempt to get your firearms returned to you. As stated in the
copy of the petition with which you were served, you must file a
response with the Clerk of the Superior Court and request a hearing
date from the Court Clerk at the time you file your response.
If you have any questions regarding the above, 'please contact
our office.
Very truly yours,
Richard J. orillo
Sr. Assi ant City Attorney
RJM:ms
PRIDE 44
IN PROGRESS
7 1 4 3 8 4 - 5 3 5 5
12/21/91
James F.Penman
City Attorney
300 1 . "D" Street
San Bernardino Cal . 924$8
Dear Sir:
I am requesting a hearing in referance to "Notice of Petition
seeking Judicial Determination Re: Return of Firearms" .
would you please advise me as to what I need to do so that I can
have my firearms returned.
I am assigning Mr. Ralph Hernandez as my representative on
this matter. He has agreed to sell the firearms for me. I need the
money because I am on fixed income.
Will you please contact Mr. Ralph Hernandez at 1420 West King
Street, San Bernardino Cal. 92410, Tel. 381-4858
Sincerely,
San Bernardino Ca. dONEW