Results 1 to 8 of 8

Thread: Question about getting a gun back "seized" during DUI (not me)

  1. #1
    Regular Member 509rifas's Avatar
    Join Date
    Mar 2013
    Location
    Yakima County
    Posts
    253

    Question about getting a gun back "seized" during DUI (not me)

    Somebody posted something on a local newspaper forum about a gun seized during a DUI stop, and the WSP won't return the gun.
    I *think* I know who the individual was, and there was some dispute in that case about medical condition (documented) that cause someone to blow DUI when they're not, but the case is ongoing to my knowledge. The individual worked in the courts system and should have knowledge of motions and whatnot. I could be wrong, but the description matches that individual exactly. It's a small town. Either way it's a significant question.
    I "sorta" know the person and sent a link to this page, as OCDO tends to be the best place for compulsive firearm law researchers.

    The poster posted:
    Also, if a person was armed when arrested for a DUI, their weapon can be confiscated and never returned guilty or not. In addition, the DOL can suspend or revoke that person's driving privileges BEFORE that person is convicted while trial is pending, and if found guilty, can suspend it again with no credit given for the previous suspension. Talk about double jeopardy.
    continued...
    I have a friend who was associated with law enforcement and even tho that person was stone-cold sober, the trooper took the weapon and so far, they won't give it back. Carry was more than justified - it was required. The person also had a CWP. Thanks, I will pass this on.

    I replied with (this was brief as I was on my lunch break)

    "If you read the fine print of the laws for carrying while DUI, it does not specifically state that. It says if in possession of a weapon in a place where a CPL is required and intoxicated. But a car does not require a CPL. An open-carrier without a CPL could openly carry while DUI and not be subject to seizure. There are only a couple places where a CPL is actually required.
    It's a tiny technicality, but the law is just a collection of technicalities.

    RCW 9.41.098
    Forfeiture of firearms — Disposition — Confiscation.
    "(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
    (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;"

    They have to prove that it was required in that PLACE, not just under those circumstances (concealment.)"

    The posts are not really sequential, you know how newspaper comments go.

    I can't find the RCW at the moment in regards to firearm forfeiture, and I'm not sure if they are different than the plethora of other forfeitures, like when they take your car for driving to a marijuana transaction. But I know they have to hold a hearing, they can't just do away with the due process without any hearings.

    Also, some of the news articles on the (possibly unrelated except in subject matter) incident The report goes on to say [someone] had a loaded gun in her purse, which is illegal if you're drunk." Can anyone provide an RCW or case law to confirm or dispute that?
    Anyone know what someone could do to get back a gun that was confiscated in the manner described above?
    Last edited by 509rifas; 03-08-2014 at 08:44 PM.
    LIVE FREE OR DIE TRYING

  2. #2
    Regular Member Geerolla's Avatar
    Join Date
    Mar 2010
    Location
    WA, USA
    Posts
    118
    Quote Originally Posted by 509rifas View Post
    But a car does not require a CPL. An open-carrier without a CPL could openly carry while DUI and not be subject to seizure. There are only a couple places where a CPL is actually required.

    A CPL is required to have a loaded firearm in a vehicle, openly carried or not.


    RCW 9.41.050
    Carrying firearms.

    (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.


    Sent from my UAV using Disposition Matrix 2.0

  3. #3
    Regular Member 509rifas's Avatar
    Join Date
    Mar 2013
    Location
    Yakima County
    Posts
    253
    Quote Originally Posted by Geerolla View Post
    A CPL is required to have a loaded firearm in a vehicle, openly carried or not.


    RCW 9.41.050
    Carrying firearms.

    (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.


    Sent from my UAV using Disposition Matrix 2.0
    Well oh snap.
    Is that part new?
    LIVE FREE OR DIE TRYING

  4. #4
    Regular Member Freedom1Man's Avatar
    Join Date
    Jan 2012
    Location
    Greater Eastside Washington
    Posts
    4,690
    Quote Originally Posted by Geerolla View Post
    A CPL is required to have a loaded firearm in a vehicle, openly carried or not.


    RCW 9.41.050
    Carrying firearms.

    (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.


    Sent from my UAV using Disposition Matrix 2.0

    But, a CPL is not required to have the pistol in the car, in general.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  5. #5
    Regular Member 509rifas's Avatar
    Join Date
    Mar 2013
    Location
    Yakima County
    Posts
    253
    Quote Originally Posted by Freedom1Man View Post
    But, a CPL is not required to have the pistol in the car, in general.
    Ah you beat me to it!
    It doesn't say seizure can occur where one is drunk in a place required to have a CPL to have a LOADED pistol, it says in any place where a CPL is required to have a pistol. So an unloaded OCer or just someone with an unloaded gun in the car can be drunk (not recommended unless you're the passenger) and not violate the law or be subject to forfeiture.
    LIVE FREE OR DIE TRYING

  6. #6
    Regular Member
    Join Date
    Feb 2013
    Location
    Bothell
    Posts
    586
    Quote Originally Posted by 509rifas View Post

    RCW 9.41.098
    Forfeiture of firearms — Disposition — Confiscation.
    "(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
    (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;"


    Also, some of the news articles on the (possibly unrelated except in subject matter) incident The report goes on to say [someone] had a loaded gun in her purse, which is illegal if you're drunk." Can anyone provide an RCW or case law to confirm or dispute that?
    Anyone know what someone could do to get back a gun that was confiscated in the manner described above?
    As stated above, you must have a CPL if you have a loaded pistol in the car, concealed or not, save for the outdoor activities exception. Been like that for years. Was the gun loaded or not- that's the missing piece to the puzzle.

    So the person was "drunk" and had their firearm taken away? Once the court determines there was no "drunkenness," the firearm should be returned to the owner.

    Further down in .098:
    (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
    Last edited by mikeyb; 03-12-2014 at 10:39 AM.

  7. #7
    Regular Member 509rifas's Avatar
    Join Date
    Mar 2013
    Location
    Yakima County
    Posts
    253
    Quote Originally Posted by mikeyb View Post
    As stated above, you must have a CPL if you have a loaded pistol in the car, concealed or not, save for the outdoor activities exception. Been like that for years. Was the gun loaded or not- that's the missing piece to the puzzle.

    So the person was "drunk" and had their firearm taken away? Once the court determines there was no "drunkenness," the firearm should be returned to the owner.

    Further down in .098:
    The piece of the puzzle doesn't fit with the forfeiture though; you are not required to have a CPL in a car any more than on a sidewalk. It can't be loaded in the car, or concealed on the sidewalk, but you are not required to have a CPL to have the pistol in that location.
    LIVE FREE OR DIE TRYING

  8. #8
    Regular Member
    Join Date
    Feb 2013
    Location
    Bothell
    Posts
    586
    Quote Originally Posted by 509rifas View Post
    The piece of the puzzle doesn't fit with the forfeiture though; you are not required to have a CPL in a car any more than on a sidewalk. It can't be loaded in the car, or concealed on the sidewalk, but you are not required to have a CPL to have the pistol in that location.
    Let's try this again.

    Was the firearm loaded inside the vehicle?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •