• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Unregistered Gun Confiscated

L

LongRider

Regular Member
Joined
Apr 10, 2008
Messages
143
Location
Skok Rez, Washington, USA
imported post

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
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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
Click to expand...
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.
 
L

LongRider

Regular Member
Joined
Apr 10, 2008
Messages
143
Location
Skok Rez, Washington, USA
imported post

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
 
Ajetpilot

Ajetpilot

Regular Member
Joined
Jul 6, 2007
Messages
1,416
Location
Olalla, Kitsap County, Washington, USA
imported post

LongRider wrote:
I can not go into any detail because there maybe some legal issues here.
Click to expand...

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)?
 
S

sv_libertarian

State Researcher
Joined
Aug 15, 2007
Messages
3,201
Location
Olympia, WA, ,
imported post

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"
 
L

LongRider

Regular Member
Joined
Apr 10, 2008
Messages
143
Location
Skok Rez, Washington, USA
imported post

Ajetpilot wrote:
LongRider wrote:
I can not go into any detail because there maybe some legal issues here.
Click to expand...

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)?
Click to expand...
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
 
S

sv_libertarian

State Researcher
Joined
Aug 15, 2007
Messages
3,201
Location
Olympia, WA, ,
imported post

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.
 
P

PoppaGary

Regular Member
Joined
Mar 7, 2007
Messages
119
Location
Vancouver, Washington, USA
imported post

LongRider wrote:
.....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
Click to expand...
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
 
L

LongRider

Regular Member
Joined
Apr 10, 2008
Messages
143
Location
Skok Rez, Washington, USA
imported post

PoppaGary wrote:
LongRider wrote:
.....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
Click to expand...
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.
Click to expand...
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.
 
B

Bear 45/70

Regular Member
Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
imported post

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. .....
Click to expand...
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.
Click to expand...
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.
Click to expand...
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.
 
T

thewise1

Regular Member
Joined
Oct 19, 2007
Messages
383
Location
Moscow, ID
imported post

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.
Click to expand...
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.
 
B

Bear 45/70

Regular Member
Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
imported post

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. .....
Click to expand...
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.
Click to expand...
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.
Click to expand...
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.
Click to expand...
He took the gunwith no receipt given?? That would qualify as theft and a charge needs to be filed against him.
 
B

BlaineG

Regular Member
Joined
Aug 15, 2008
Messages
149
Location
, ,
imported post

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. .....
Click to expand...
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.
Click to expand...
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.
Click to expand...
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.
Click to expand...
He took the gunwith no receipt given?? That would qualify as theft and a charge needs to be filed against him.
Click to expand...
There is either MORE to the story, or that's the moron LEO of the year award shoe-in:dude:
 
Ajetpilot

Ajetpilot

Regular Member
Joined
Jul 6, 2007
Messages
1,416
Location
Olalla, Kitsap County, Washington, USA
imported post

BlaineG wrote:
There is either MORE to the story, or that's the moron LEO of the year award shoe-in:dude:
Click to expand...
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.
 
Gray Peterson

Gray Peterson

Founder's Club Member - Moderator
Joined
May 12, 2006
Messages
2,236
Location
Lynnwood, Washington, USA
imported post

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.
 
A

ATCSDav

New member
Joined
Jul 23, 2007
Messages
2
Location
Auburn, Washington
imported post

PoppaGary wrote:
LongRider wrote:
.....As I said she has the paperwork from the shop she bought it from the gun is 100% legal. .....
Click to expand...
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
Click to expand...

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
 
M

Morris

Regular Member
Joined
Nov 25, 2007
Messages
173
Location
North of Seattlle, South of Canada, Washington, US
imported post

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.
 
You must log in or register to reply here.
Top