California Codes

Cal. Penal Code § 33855 (2026)

✓ current as of May 2026

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A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:

(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.

(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.

(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.

(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.

(e)This section shall become operative on July 1, 2020.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2015–2024 · leading case: Cardinale v. Jones (E.D. Cal. 2024).

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Cardinale v. Jones (E.D. Cal. 2024). · cites it 2× “16 Ultimately, SCSD refused to return Plaintiff’s firearms until she received statutory 17 authorization from the Bureau pursuant to California Penal Code § 33855. According to 18 a declaration from Plaintiff’s counsel, neither the SCSD nor the Bureau responded to his 19 June…”

Cupp v. Bonta (E.D. Cal. 2021). “) First, Plaintiffs allege the Attorney General’s 13 enforcement of a statutory scheme pursuant to Cal. Pen. Code § 33855 that requires Plaintiffs to 14 complete California’s Law Enforcement Gun Release (“LEGR”) application and pay a fee of $20 15 for the first weapon and $3 for…”

Cupp v. Bonta (E.D. Cal. 2023). “4 Penal Code § 33850), the firearm return process requirements ( Cal. Penal Code § 33855 ), and the 5 fee requirements ( Cal.”

City of San Jose v. Rodriguez CA6 (Cal. Ct. App. 2015). “” (Pen. Code, § 33855, subd. (b).) 8 Penal Code section 33850, subdivision (a) provides in part: “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 make application…”

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