(a) In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorney’s fees to the prevailing party.

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

criminal case

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Terms Used In California Penal Code 33885

  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

    California Penal Code 16520

(Repealed and added by Stats. 2018, Ch. 780, Sec. 24. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

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