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Private Sale!

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
I highly doubt it. Please provide a who-what-when-where, relating to when this actually worked.

No Washington police agency has command authority over any other. The State Patrol is not superior to any other police agency in this state. All officers working for all agencies in this state (excluding federal) are simply commissioned officers. Again, none has any command authority over any other. Titles of rank only apply within individual agencies.

You don't need a trooper to report a violation of the law by a police officer. Any commissioned officer will do - they all have the same authority.

That's not completely correct. The sheriff is the supreme authority within his jurisdiction.
 

TechnoWeenie

Regular Member
Joined
Jul 17, 2007
Messages
2,084
Location
, ,
So... what did you do?

Laugh at him. Ok. not quite a laugh, but was hard to keep from smiling when he said it.

The second officer "Fernandez" was the one being the *****, the one who wanted to tell me about 'registering' it and whatnot.

I posted the audio of the encounter a few times.

Below is the first time, unrelated to the registration.

I haven't snipped the 'if it's not registered to you, we'll take it' part, IIRC, the audio was pretty bad, but still intelligible.

http://soundcloud.com/john-parks-3/threatenedtotakemypistolforoc

Here is the ***** that I was talking about, L O L...

Not sure if you can hear it, but I'm trying to hold back a laugh...

http://soundcloud.com/john-parks-3/mustconceal
 
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Calvin Quint

New member
Joined
Sep 23, 2012
Messages
4
Location
Olympia, Washington, United States
Huh? Where was I being a smartass, I am seriously amazed that another LEA will send in an officer to tell another agency they're wrong and enter a scenario they weren't involved in, that's wondering out loud, I always thought telling on other agencies wasn't going to help you.

I apologize if it sounded that way, I really didn't mean it too.

Actually as far as I know. The Country Sheriff's Office has jurisdiction over city police, WSP has jurisdiction over City/County, and feds have it over WSP.
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Actually as far as I know. The Country Sheriff's Office has jurisdiction over city police, WSP has jurisdiction over City/County, and feds have it over WSP.

This is a false notion. Washington law establishes the sheriff of a county as the "
chief executive officer and conservator of the peace of the county." That's fine as far as it goes, but remember that counties get their operating authority from The State, as do cities. There is no chain of command of political jurisdictions in Washington. So just because Bellevue is in King County does not mean that the King County Sheriff has command authority over the Bellevue police chief. Once Bellevue was incorporated (as a Washington State city, not as a King County city), the Sheriff's command authority shrank to exclude Bellevue.

This urban legend of the county sheriff holding command authority over all other law enforcement in his county stems from a mid-'90s federal court case that has been misinterpreted by many. The judge in the case was even so fed up that he posted comments on the court's web site. To wit:
"This court has never made the comments attributed to it which purports to advise state officers they can prohibit federal law enforcement officers or agents from entering a Wyoming County," "Those alleged quotations are utterly false. Any person who interferes with federal officers in performance of their duties subjects themselves to the risk of criminal prosecution,


This sheriff-as-highest-authority B.S. comes from the same people who refuse to recognize the authority of a court that displays a U.S. flag with gold fringe. "Fringe" being the key word here, I think.

(This is not to say that in some states, their legislature or their constitution might establish a different system.)
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
Mike may I take your statement with the caveat that the gun manufacture or FFL are not volunteering to comply with a LEA's request for this information?

What I'm trying to say is does the law say the gun manufacturer or FFL cannot give out the info without justification or that the LEA cannot force it? If not this would indicate the LEA can get any of this info from a "cooperative" entity.

Unfortunately I believe the "cooperative" entity would be a more common occurrence than not.

I know my good friend who does my FFL transfers has told me of LEA's requesting information before...improperly. He has refused a few times (big 2A supporter) where it wasn't done right. I wonder how often that happens...

No, my point is mainly that (1) federal law provides significant privacy protection re gun sale data, see http://epic.org/privacy/firearms/, and (2) that as a practical matter subsequent transfers of guns, and the 10 year ATF Form 4473 destruction authorization, provides practicle privacy to the title of most guns in America.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
The firearm manufacturer will tell LE who they shipped the gun to...could be any gun dealer, distributer or wholesaler. The firearm manufacturer does not know who purchased the weapon, unless they have a mail in warrantee card, online warrantee registration etc,,,and the purchaser mailed it in or registered the purchase.

Ther are also litterly millions of weapons that were sold long before there was a form 4473 or even the washington state record of sale. There were no "Licensed" dealers prior to GCA68. Most of the guns I own were legally obtained by me from a store, as a gift or inherieted with no 4473 or any other paperwork.

If you have a trusted person that will sell you a weapon you want..do it, it's totally legal here. No CPl, No DL, background check, no state registration, No 4473 needed. The rules are: You live in the same state and are not a prohibited person...that is it. (for a pistol FTF transaction)
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
No, my point is mainly that (1) federal law provides significant privacy protection re gun sale data, see http://epic.org/privacy/firearms/, and (2) that as a practical matter subsequent transfers of guns, and the 10 year ATF Form 4473 destruction authorization, provides practicle privacy to the title of most guns in America.

I'm sorry Mike, I'll admit I don't understand your statement. It seems intentionally vague as to not answer my specific questions.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Would someone please give me a serious answer? Why are folks so paranoid about ending up buying a stolen gun (or one supposedly used in a violent crime*) through a private sale?

Don't know much about any robberies involving guns back where you live but here in the Pacific Northwest there have been several. Approximately 100 from a gun store in Lynnwood, WA, more from a large Sporting Goods store in Fife, WA, a large quantity stolen, along with the safes, from a family attending a funeral, are among the more recent here. Let's not forget that even the former Police Chief's (Seattle) Glock was stolen and is out there somewhere.

Not everyone knows just how "law abiding" that seller is unless you know them personally. On top of that, you don't know how "legal" the weapon was when they bought it. Just take a look on the local forums for all the handguns that are for sale, especially as times got more difficult an people had to make choices, eat or keep the firearm.

Paranoid? Maybe, but for some it's also called common sense. Firearms don't have "titles" just like cars but possession of one that turns out to be stolen can be just as damaging to one's freedom and wallet.
 

Jayd1981

Regular Member
Joined
Mar 14, 2010
Messages
387
Location
Richland, Washington, USA
I have bought and sold several guns through private sales. I'm not really concerned about paperwork, although I usually do write a basic reciept with the other persons name and address and the information on the firearm. However I have never sent in the "registration form" to DOL nor have any inclination to do so.

To decide if I will buy/sell from/to a particular person I judge them on a case by case basis if I do not know them personally. If they act shifty then I will not go through with the transaction. If they make comments about not being eligle to buy from an FFL then I will not go through with the transaction. Take the time to talk to them about firearms for a few minutes and I imagine you'd be able to tell if they are a collector/enthusiast or someone trying to get a firearm without going to an FFL dealer.
 

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
You know what works great on LEOs breaking the law? Call the state patrol. Seriously, it's both hilarious and instructional to the local yocals. I've done it once, and warned that I would do it several times. So far it works wonders. Not saying that they are our saviors all the time, but they have all been thoroughly briefed on the OC thing.

No, you stay professional, let they dispatch know exactly what's going on without sounding like a crazy person, and when the patrolman get's there, as long as there's no ongoing crime, it's you're free to go. Again, you have to be very sure that you are indeed in the right. But yes it does work. Now go be a smart ass somewhere else.

They will actually dispatch a trooper to educate the city kittys on the state constitution? I never knew that. I never thought they'd be willing to approach a situation they knew little about and take your side over other officers for an event they didn't witness, that's intersting

Interesting. It has been my experience that WSP will not investigate a claim of wrongdoing by an officer of a city/county LE agency unless they have been requested by that agency to conduct the investigation, and specifically do not investigate solely based upon a citizen's request. Maybe they have different standards for different types of claims.
 

SeattleWingsfan

Regular Member
Joined
Feb 1, 2011
Messages
188
Location
Lakewood, Washington, United States
This did not happen in this state, so skip over if you want.

Working in Michigan on a construction site, we had Teamsters picketing my business. Throwing rocks at trucks, putting down spike strips and twisted nails tack welded together, standing in the way blocking deliveries. Being a general pain in the ass. The local township cops when called, brought out doughnuts and coffee for a bunch or them and just sat in the car. So we called the state police, they showed up removed the tire flatteners, made them get out of the way for the trucks. Turned into a daily occurance, the MSP started to voluntarily show up at 6:30am and have it all cleaned up for when contractors showed up. Much more professional, in this circumstance.

Now for on topic...

Before that incident I didn't think there was a difference between state police and locals as far as who to call when you have an issue. I think many years latter with everything being dispatched through 911 it would be much harder to get who you want. Does anyone know if when you call 911, can you ask for say lakewood pd, or pierce county, or state?
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
with everything being dispatched through 911


911 is not an agency, it is a telephone system.

Each agency can have their own dispatch center, where their 911 calls ring to, but it is common for them to consolidate. Each dispatch center can transfer 911 calls to other dispatch centers. You could call 911 in Seattle (and get the Seattle PD dispatch center), for example, and ask for WSP. They would transfer your call to the WSP dispatch center in Bellevue.
 

DamonK

Regular Member
Joined
Mar 23, 2012
Messages
585
Location
Ft. Lewis, WA
Interesting. It has been my experience that WSP will not investigate a claim of wrongdoing by an officer of a city/county LE agency unless they have been requested by that agency to conduct the investigation, and specifically do not investigate solely based upon a citizen's request. Maybe they have different standards for different types of claims.

Must have missed all this about me being a liar... anyways, if you call to report a crime ie harassment or menacing(as was my case) they have to come out. And no, they don't sit them down and teach them about the laws, that would be rediculas. The trooper simple separated us, called dispatch to see what the original call consisted of (MWAG) and determined that the officer was being over zealous. It helps that I have both a flawless legal and driving record and sound like a reasonable person. Plain and simple.

Sent from my DROID4 using Tapatalk 2
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
if you call to report a crime ie harassment or menacing(as was my case) they have to come out.

How so? Which law is that?

and determined that the officer was being over zealous.

And then what happened? What did the trooper say to the officer in order to separate you two? What did the trooper say to the officer at then end of the contact?
 

ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
i am searching the protocals but am tethering on my droid so it is extremely slow, but have always been advised the sheriff's organization was the highest law enforcement officer within their jurisdiction and WSP responsibilities were limited to traffic. therefore, if there was a problem w/local police per se, the sheriff was the office to report the police's misconduct to them.

wabbit

ps http://constitutionallawenforcementassoc.blogspot.com/
 
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deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
and WSP responsibilities were limited to traffic.
Their responsibilities are not limited to traffic. WSP troopers are commissioned Washington police officers with all the authority that goes with a commission.

Traditionally they concentrate on traffic, but they are not limited to it.
 

ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
my rationale centers around the sheriff is the only 'elected' law enforcement officer of the people to uphold the state's constitution.

and dean i did not mean to disparage the WSP's law enforcement powers but rather point out they are historically traffic.

wabbit
 
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