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Is this even legal?

J

jchen012

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shad0wfax

shad0wfax

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I don't know all the particulars of the case, but if the entire story is simply the facts that were stated in the article (and I'm specifically discounting the hearsay from the apartment manager) then I doubt the seizure was lawful at all.

Now they may have taken all of the firearms into evidence so that they could photograph them all and ask the caller who made the allegations of the RCW 9.41.270 violation to identify which gun was "brandished" (not my words) from a line-up of firearms. They might be allowed to do that.

My guess is they took them all into evidence so that they could run NCICS on all of them and make it easier for a judge to order all of them to be forfeited if the allegations of the substance abuse are confirmed. (An unlawful user of a controlled substance being ineligible to own firearms, etc.) Why they took the knives into evidence is beyond me.

Either there are a number of pertinent facts that were omitted from the article or the judge who issued that search warrant and authorized the police department to seize all of those weapons is grossly overstepping his authority.
 
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FunkTrooper

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That seems pretty messed up to me, I don't think they are allowed to confiscate all weapons found (excluding the pistols as they may not know which is the one used in the crime) but to take the knives seems f-d up.

You know it might have something to do with allegations of mental illness.
 
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BigDaddy5

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RCW 9.41.098:

(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
Click to expand...

(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

(b) Commercially sold to any person without an application as required by RCW 9.41.090;

(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;

(d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;

(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;

(f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

(g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

(h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

(i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed.
Click to expand...
 
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Boo Boo

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pointing a gun at someone = take them all away especially if he was drunk. and most would take the knives just to make sure he has no weapons since he did brandish a weapon.



but story is , if you point your gun at someone dont go back home and consent to a search
 
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