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Thread: Unregistered Gun Confiscated

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    Moderators please move or remove this post if it is inappropriate.
    I can not go into any detail because there maybe some legal issues here. I'm pretty much limited to asking; Can the State Patrol confiscate a gun because it is not registered? I have never heard of gun registration in Washington nor that it is required. I would not know how to register a gun if I wanted too, I do not know what to tell her. So I thought I would ask here. The officer ran the gun and said it was not registered so he could not give the gun back. My friend has called the State Patrol headquarters to see about getting her gun back and was told to contact the Officer. The officer is not returning her calls, so I am hoping someone here maybe a lawyer can help her as to what she needs to do. She has all the paperwork and bill of sale from the gun shop she bought it from. Any help even referrals to lawyers here would be appreciated. Thanks

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    Regular Member Thundar's Avatar
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    Habeas Armas! Habeas Armas!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    LongRider wrote:
    Moderators please move or remove this post if it is inappropriate.
    I can not go into any detail because there maybe some legal issues here. I'm pretty much limited to asking; Can the State Patrol confiscate a gun because it is not registered? I have never heard of gun registration in Washington nor that it is required. I would not know how to register a gun if I wanted too, I do not know what to tell her. So I thought I would ask here. The officer ran the gun and said it was not registered so he could not give the gun back. My friend has called the State Patrol headquarters to see about getting her gun back and was told to contact the Officer. The officer is not returning her calls, so I am hoping someone here maybe a lawyer can help her as to what she needs to do. She has all the paperwork and bill of sale from the gun shop she bought it from. Any help even referrals to lawyers here would be appreciated. Thanks
    Is there "registration" in Washington state? I don't think so. Your friend should report a theft to the police and make an official complaint asap - just do it, make it simple.

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    That is my thought I do not think there is a registration requirement in Washington. Filing a written complaint makes sence. Not to sure about filing the theft report I can see how that could be contra productive. Though I'm not going to exclude it from the list of options. Thanks gents

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    Regular Member Ajetpilot's Avatar
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    LongRider wrote:
    I can not go into any detail because there maybe some legal issues here.
    Methinks there is more to this story. When theWSP ran the numbers, what came back? Stolen? Used in a crime? I would bet money that the problem wasn't an "unregistered" gun. I'll wait until I hear "the rest of the story."


    ETA: Why was she stopped in the first place? Was it alcohol/drug related? Was she carrying open or concealed? Does she have a CPL? Lots of facts missing here. What type of "legal issues" (without going into specifics)?

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    Indeed without more specifics it's hard to say. There is no mandatory gun registration in this state. The state can supposedly find out the last time the gun passed through an FFL or when someone filed VOLUNTARY paperwork when they did a private party transfer, but there is no registration requirement.

    So I can't imagine the WSP would hold a gun for "not being registered"

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    Regular Member John Hardin's Avatar
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    LongRider wrote:
    referrals to lawyers here would be appreciated.
    Randy W. Loun
    Firm: Loun & Tyner
    Address: 509-4th Street Suite 6
    Bremerton, WA 98337-1401
    Phone: (360) 377-7678

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    Ajetpilot wrote:
    LongRider wrote:
    I can not go into any detail because there maybe some legal issues here.
    Methinks there is more to this story. When theWSP ran the numbers, what came back? Stolen? Used in a crime? I would bet money that the problem wasn't an "unregistered" gun. I'll wait until I hear "the rest of the story."


    ETA: Why was she stopped in the first place? Was it alcohol/drug related? Was she carrying open or concealed? Does she have a CPL? Lots of facts missing here. What type of "legal issues" (without going into specifics)?
    You are right, there is more, but I am limited to what I can say. As in other threads where posts had to be deleted until the issue was resovled. Some things should not be discussed on a public forum until they are resolved. That is why I should probably limit my question to; Is there a proccess through which she can get her gun back provided the gun is legal which it is and she is guilty of no wrong doing. Yes I know that it is hard to have input about an incident that you do not have all the facts too. But I can answer some of your questions. He said the numbers came back blank nadda that there was no record of it. As I said she has the paperwork from the shop she bought it from the gun is 100% legal. No drugs or alcohol. The gun was not part of the incident. Sorry, but this is one of those messed up things where you don't talk without a lawyer present

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    Is it being held as evidence for a crime? Was a reciept given? If it is not being held as evidence one should be able to get it back in person. For that matter IF there is NOTHING else other than what you have described then there should have been no confiscation. Can you PM me the entire story? Call an attorney Monday.

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    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.

    My brother purchased a pistol from a gun shop and several month later was contacted by the local PD. Seems the gunhad been reported stolen in CA a long time ago, if I recall it was in the 70s (!), and the LEO was working though the paperwork and discovered the problem.

    Not sure how it all came up(overlooked way back when or ?) or why it took so long to get a "hit" on the gun, but it was a stressful couple of months while it was all sorted out. He got the gun returned to him and it is all good now, but looked scary for a while.

    It maybe that the various agencies are that far behind in the paperwork, only recently reported as stolen, etc or some other legitimate reason why it caught his eye. It is also not above LEO to do what they think is right when they are in fact wrong.

    Good luck and post when it is resolved, good or bad.

    Gary

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    PoppaGary wrote:
    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.
    No bubble reputable dealer gun came straight from the factory to her through the dealer. There is no issue with the gun. The gun has nothing to do with the event that resulted the Officer obtaining the gun. While dealing with the other event the officer was made aware of the gun. As is often SOP he took possession of the gun until he was done dealing with the initial issue. When he ran the gun it came up unregistered and decided to keep the gun because according to him since it is unregistered he can not establish prove ownership. Now she is unable to get ahold of him or a procedure for her to get the gun. She does not even know where to go or where it is.

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    LongRider wrote:
    PoppaGary wrote:
    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.
    No bubble reputable dealer gun came straight from the factory to her through the dealer. There is no issue with the gun. The gun has nothing to do with the event that resulted the Officer obtaining the gun. While dealing with the other event the officer was made aware of the gun. As is often SOP he took possession of the gun until he was done dealing with the initial issue. When he ran the gun it came up unregistered and decided to keep the gun because according to him since it is unregistered he can not establish prove ownership. Now she is unable to get ahold of him or a procedure for her to get the gun. She does not even know where to go or where it is.
    That would be BULLSH!T on the officer's part. He can't prove it was stolen hence he can't take it. It is not her job to prove the gun is her's. It's the cops job to prove it is stolen and he can't do that with just non-registration. It's time for an attorney.

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    LongRider wrote:
    No bubble reputable dealer gun came straight from the factory to her through the dealer. There is no issue with the gun. The gun has nothing to do with the event that resulted the Officer obtaining the gun. While dealing with the other event the officer was made aware of the gun. As is often SOP he took possession of the gun until he was done dealing with the initial issue. When he ran the gun it came up unregistered and decided to keep the gun because according to him since it is unregistered he can not establish prove ownership. Now she is unable to get ahold of him or a procedure for her to get the gun. She does not even know where to go or where it is.
    This creates an interesting case for refusing to (voluntarily) disarm for 'officer safety'.

    Obviously I am not condoning the idea of a shootout with the police in refusal.


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    Regular Member j2l3's Avatar
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    Perhaps if we knew what area this happened, we could advise on who to talk to for retrieval.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    Bear 45/70 wrote:
    LongRider wrote:
    PoppaGary wrote:
    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.
    No bubble reputable dealer gun came straight from the factory to her through the dealer. There is no issue with the gun. The gun has nothing to do with the event that resulted the Officer obtaining the gun. While dealing with the other event the officer was made aware of the gun. As is often SOP he took possession of the gun until he was done dealing with the initial issue. When he ran the gun it came up unregistered and decided to keep the gun because according to him since it is unregistered he can not establish prove ownership. Now she is unable to get ahold of him or a procedure for her to get the gun. She does not even know where to go or where it is.
    That would be BULLSH!T on the officer's part. He can't prove it was stolen hence he can't take it. It is not her job to prove the gun is her's. It's the cops job to prove it is stolen and he can't do that with just non-registration. It's time for an attorney.
    He took the gunwith no receipt given?? That would qualify as theft and a charge needs to be filed against him.

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    Bear 45/70 wrote:
    Bear 45/70 wrote:
    LongRider wrote:
    PoppaGary wrote:
    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.
    No bubble reputable dealer gun came straight from the factory to her through the dealer. There is no issue with the gun. The gun has nothing to do with the event that resulted the Officer obtaining the gun. While dealing with the other event the officer was made aware of the gun. As is often SOP he took possession of the gun until he was done dealing with the initial issue. When he ran the gun it came up unregistered and decided to keep the gun because according to him since it is unregistered he can not establish prove ownership. Now she is unable to get ahold of him or a procedure for her to get the gun. She does not even know where to go or where it is.
    That would be BULLSH!T on the officer's part. He can't prove it was stolen hence he can't take it. It is not her job to prove the gun is her's. It's the cops job to prove it is stolen and he can't do that with just non-registration. It's time for an attorney.
    He took the gunwith no receipt given?? That would qualify as theft and a charge needs to be filed against him.
    There is either MORE to the story, or that's the moron LEO of the year award shoe-in

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    BlaineG wrote:
    There is either MORE to the story, or that's the moron LEO of the year award shoe-in
    Concur. My bet is on "more to the story". In fact, much more. In my experience, WSP has a better grasp on gun laws than the local, run-of-the-mill LEO, and there is something that just doesn't fit in this story. I'm going to withhold judgement, for now.


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    Until you tell us more either by posting or by PM, I don't think we can be particularly helpful to the particular situation that your sister is going through.

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    PoppaGary wrote:
    LongRider wrote:
    .....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
    Sorry to burst your bubble, but just because she has a receipt or other paper work from the seller/store does not rule out legal problems with the gun.

    My brother purchased a pistol from a gun shop and several month later was contacted by the local PD. Seems the gunhad been reported stolen in CA a long time ago, if I recall it was in the 70s (!), and the LEO was working though the paperwork and discovered the problem.

    Not sure how it all came up (overlooked way back when or ?) or why it took so long to get a "hit" on the gun, but it was a stressful couple of months while it was all sorted out. He got the gun returned to him and it is all good now, but looked scary for a while.

    It maybe that the various agencies are that far behind in the paperwork, only recently reported as stolen, etc or some other legitimate reason why it caught his eye. It is also not above LEO to do what they think is right when they are in fact wrong.

    Good luck and post when it is resolved, good or bad.

    Gary
    Hi,

    I am the older brother. Right before I went to work for Boeing, I needed some cash to tide me over, so I took my gun in to a pawn/gun shop (in Federal Way a few blocks south of 320th on Pac Highway) for a loan. Few weeks later, went in and retrieved my gun and went on my merry way. A few days later got a call from the Federal Way PD concerning my Charter Arms Bulldog .44 special. Seems like it had been reported stolen in the L.A. area back in the '70's and when the Federal Way PD ran the paperwork associated with me picking it up, it "popped" in the system.

    Took about two or three weeks of phone calls between the Federal Way PD investigator and I, and the Federal Way PD investigator and Cali officials to finally get it cleared. The Federal Way PD investigator was very professional and thorough and let me retain the weapon while things were being resolved. The next time I was through Longview (where I had purchased said handgun from the gun store - where it had been in the case for several months) I told them I wasn't too happy about the circumstances - they didn't seem overly concerned.

    Steve

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    Search on my name for information regarding handgun registration in Washington state.

    It is happening.

    But I also believe there is more to the story. However, you'd be best in simply letting this thread hold until properly adjudicated in the courts or the investigation resolved. Just some advice from the other side.

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    ATCSDav's story reminds me of what happened to an acquaintance of mine.

    Scene 1: Some years ago he lived in the greater Portland area. His house was broken into and a bunch of his rifles stolen. IIRC, not much else was taken, so somehow somebody knew about his gunsafe and targeted it.

    Scene 2: He files a report on the breakin.

    Scene 3: He sells his house, moves to the Puget Sound area, and spends 5 or 6 years here.

    Scene 4: He moves back to the Portland area, renting at first.

    Scene 5: Having decided the move back is going to be a long-term thing, he buys a house.

    Scene 6: Portland PD calls or mails him (I forget which) saying he needs to come pick up his rifle as it's been in their property room forever and they're just about to get rid of it.

    Turns out that, sometime after Scene 3 (the move to WA) one of the stolen rifles is recovered from a pawnshop. But for some reason (and this makes sense to neither him or me) they can't seem to follow up the now-dead Portland address and find him in his new location. Maybe they just didn't try that hard. So the rifle just sits in their property room. Finally, after he once again becomes a local property owner, Portland PD is doing some kind of annual or final about-to-go-off-to-auction check, and this time his name turns up.



    Morris, dude: surely you're on the same side as the rest of us! :-)


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    I support your right. I've even defended it.

    But as I have pointed out before, handguns purchased from dealers are registered in the state. I can run your name and find out whatHANDGUNS you have purchased from FFLs in this state or registered private party sales. I can run a trace on a handgun and find out the most recent listed owner. The blue form you filled out goes to the state.

    This is handguns only, nothing on long guns . . . . yet.

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    Morris wrote:
    I support your right.Â* I've even defended it.

    But as I have pointed out before, handguns purchased from dealers are registered in the state.Â* I can run your name and find out whatÂ*HANDGUNS you have purchased from FFLs in this state or registered private party sales.Â* I can run a trace on a handgun and find out the most recent listed owner.Â* The blue form you filled out goes to the state.

    This is handguns only, nothing on long gunsÂ* . . . . yet.
    I've owned my glock for a few months, purchased at Cabela's, when I was detained unlawfully by PCSO I was 'grilled' for not registering it, and wanting to know 'why it came back to XYZ'.... Then berated/belittled/'educated' on how to be a responsible gun owner... I was told in no uncertain terms that if I didn't register it, he would confiscate it until I could prove ownership. He didn't care that registration is optional. He tried to pull the 'what if it gets stolen' card, apparently my answer of 'I have all the documentation of the sale at my house, I can find the serial number very easily' wasn't good enough for him..


    Speaking of which, Morris, I need your opinion on something, IIRC, you're an officer... Anyway you can PM me your cell # or I can PM you mine?
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    Morris wrote:
    I support your right. I've even defended it.
    I am assuming you mean our right as we are all citizens

    Morris wrote:
    I can run a trace on a handgun and find out the most recent listed owner. The blue form you filled out goes to the state.
    I know folks who only buy FTF for this reason. In case agun grab ever happens that is not the case here. It was bought at a brick and mortar gunshop, so shouldn't her gun have come up as registered

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    Speaking of which, Morris, I need your opinion on something, IIRC, you're an officer... Anyway you can PM me your cell # or I can PM you mine?

    -----------------------

    Yeah, PM me as I am having issues with the board right now in getting PMs to you. Guessing some sort of glitch on my end.

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