sudden valley gunner
Regular Member
imported post
I wish I was a wealthy benefactor I would pay for you to sue.
I wish I was a wealthy benefactor I would pay for you to sue.
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Filing a theft report?
- Thread starter Beretta92FSLady
- Start date
sudden valley gunner
Regular Member
imported post
NavyLT wrote:
NavyLT wrote:
+1 Don't I know it.
Beretta92FSLady
Regular Member
imported post
I went in to pick it up this afternoon. They seemed less friendly today, I am guessing it was more that they didn't want to give me a handgun. I am sure the thought of giving a law abiding citizen a firearm turns their stomach.
As for the privacy issue, I am consulting an attorney about the legality of the city looking up information about me then contacting individuaals to tell them that I am a registered firearm owner, and that they are giving me a handgun back.
I went in to pick it up this afternoon. They seemed less friendly today, I am guessing it was more that they didn't want to give me a handgun. I am sure the thought of giving a law abiding citizen a firearm turns their stomach.
As for the privacy issue, I am consulting an attorney about the legality of the city looking up information about me then contacting individuaals to tell them that I am a registered firearm owner, and that they are giving me a handgun back.
N6ATF
Banned
imported post
Sylvia Plath wrote:
Sylvia Plath wrote:
So, did they give it back?
BigDave
Opt-Out Members
imported post
Sylvia Plath wrote:
Sylvia Plath wrote:
Sylvia who did they contact? neighbors? etc?
BigDave
Opt-Out Members
imported post
NavyLT wrote:
I do not know if it would be covered under the privacy act but worth looking into.
http://www.hhs.gov/foia/privacy/index.html
NavyLT wrote:
Thanks for posting I missed it, and this is outrageous as to this type of action as this person acted outside the scope of their job.
I do not know if it would be covered under the privacy act but worth looking into.
http://www.hhs.gov/foia/privacy/index.html
Whitney
Regular Member
imported post
I'm not clear on the details of why you had to forfeit your firearm. Did you ever get a written notice as per RCW 63.32.010? Its none of my business but sounds fishy to me.
-Whitney
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.098
RCW 9.41.098[sub]Forfeiture of firearms — Disposition — Confiscation.[/sub]
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
>>>>>>>>>>>>>>>>>>>>
RCW 63.32.010[sub]Methods of disposition — Notice — Sale, retention, destruction, or trade.[/sub]Whenever any personal property shall come into the possession of the police authorities of any city in connection with the official performance of their duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the police department, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said city may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the police department subject to giving notice in the manner prescribed in RCW 63.32.020 and the right of the owner,
[align=right][sup]([/sup][sub]RCW 63.32.020[/sub][sub]Notice of sale.[/sub][/align]
[align=right]Before said personal property shall be sold, a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in the official newspaper of said city at least ten days prior to the date fixed for said sale.[sup])[/sup]
[/align]
or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the police department shall provide the city's mayor or council and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
[sub]RCW 63.40.010[/sub][sub] Methods of disposition — Notice — Sale, retention, destruction, or trade[/sub]
Whenever any personal property, other than vehicles governed by chapter 46.52 RCW, shall come into the possession of the sheriff of any county in connection with the official performance of his duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof,
if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the sheriff's office, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said county sheriff may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the sheriff's office subject to giving notice in the manner prescribed in RCW 63.40.020 and the right of the owner, or his or her legal representative, to reclaim the property within one year after the receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the county sheriff, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the sheriff shall provide the county's executive or legislative authority and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion of the county sheriff if the county sheriff determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The county sheriff has determined that the item is unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in RCW 63.40.020, may be offered by the county sheriff to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the discretion of the county sheriff, in a manner that is illegal, such item may be destroyed.
I'm not clear on the details of why you had to forfeit your firearm. Did you ever get a written notice as per RCW 63.32.010? Its none of my business but sounds fishy to me.
-Whitney
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.098
RCW 9.41.098[sub]Forfeiture of firearms — Disposition — Confiscation.[/sub]
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
>>>>>>>>>>>>>>>>>>>>
RCW 63.32.010[sub]Methods of disposition — Notice — Sale, retention, destruction, or trade.[/sub]Whenever any personal property shall come into the possession of the police authorities of any city in connection with the official performance of their duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the police department, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said city may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the police department subject to giving notice in the manner prescribed in RCW 63.32.020 and the right of the owner,
[align=right][sup]([/sup][sub]RCW 63.32.020[/sub][sub]Notice of sale.[/sub][/align]
[align=right]Before said personal property shall be sold, a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in the official newspaper of said city at least ten days prior to the date fixed for said sale.[sup])[/sup]
[/align]
or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the chief of police, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the police department shall provide the city's mayor or council and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
[sub]RCW 63.40.010[/sub][sub] Methods of disposition — Notice — Sale, retention, destruction, or trade[/sub]
Whenever any personal property, other than vehicles governed by chapter 46.52 RCW, shall come into the possession of the sheriff of any county in connection with the official performance of his duties and said personal property shall remain unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof,
if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time said property came into the possession of the sheriff's office, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when said case has been finally disposed of and said property released as evidence by order of the court, said county sheriff may:
(1) At any time thereafter sell said personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the sheriff's office subject to giving notice in the manner prescribed in RCW 63.40.020 and the right of the owner, or his or her legal representative, to reclaim the property within one year after the receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the county sheriff, the property consists of firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the sheriff shall provide the county's executive or legislative authority and retain for public inspection a list of such retained items and an estimation of each item's replacement value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion of the county sheriff if the county sheriff determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The county sheriff has determined that the item is unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in RCW 63.40.020, may be offered by the county sheriff to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the discretion of the county sheriff, in a manner that is illegal, such item may be destroyed.
Beretta92FSLady
Regular Member
imported post
Yes, today they did give me my handgun back.
The handgun was confiscated as part of an investigation of an incident.
As far as I know they contacted my councelor to tell her that I own firearms, and that they are giving me back my registered handgun.
Yes, today they did give me my handgun back.
The handgun was confiscated as part of an investigation of an incident.
As far as I know they contacted my councelor to tell her that I own firearms, and that they are giving me back my registered handgun.
1245A Defender
Regular Member
imported post
im bursting with JOY you finally got that behind you:celebrate :celebrate :celebrate
im bursting with JOY you finally got that behind you:celebrate :celebrate :celebrate
FrankC
Regular Member
imported post
Sylvia Plath wrote:
So what was the original investigation for and why did they contact your counselor let alone know that you had one?
Sylvia Plath wrote:
So what was the original investigation for and why did they contact your counselor let alone know that you had one?
Beretta92FSLady
Regular Member
imported post
FrankC wrote:
No, my councelor had nothing to do with the incidentthat spawned theinvestigation. Basically, my councelor was just one of many random people they contacted just to disclose I was a registered firearm owner, and that they are giving me back a handgun that I own.
FrankC wrote:
No, my councelor had nothing to do with the incidentthat spawned theinvestigation. Basically, my councelor was just one of many random people they contacted just to disclose I was a registered firearm owner, and that they are giving me back a handgun that I own.
sudden valley gunner
Regular Member
imported post
That is just plain disgusting.
Let me pretend I am Seattle PD.
That is just plain disgusting.
Let me pretend I am Seattle PD.
Beretta92FSLady
Regular Member
imported post
sudden valley gunner wrote:
The above made me laugh but is sooo wrong :lol:
I am goign to call a couple of other people to see if they were contacted, and that it was disclosed that I was a firearm owner. I am going to call my doctor on Tuesday, and see if they might have received a call.
The :celebrateis dancing to the tune of "America" by Waylon Jennings...kinda funny.
sudden valley gunner wrote:
The above made me laugh but is sooo wrong :lol:
I am goign to call a couple of other people to see if they were contacted, and that it was disclosed that I was a firearm owner. I am going to call my doctor on Tuesday, and see if they might have received a call.
The :celebrateis dancing to the tune of "America" by Waylon Jennings...kinda funny.
Trigger Dr
Regular Member
imported post
The reason her gun and CPL were taken is of no consequenc to anyone but Sylvia. It is none of our business, and it is apparent, to me at least, that she wants to keep it to herself. Please honor her choice. The main focus should be on the facct that the items were taken, held too long, and then finally returned with some questionable actions.
The reason her gun and CPL were taken is of no consequenc to anyone but Sylvia. It is none of our business, and it is apparent, to me at least, that she wants to keep it to herself. Please honor her choice. The main focus should be on the facct that the items were taken, held too long, and then finally returned with some questionable actions.
911Boss
Member
imported post
Trigger Dr wrote:
I have followed her threads and while I am glad she finally prevailed, I believe there are some key pieces missing that would help with understanding how and why this happened. With the limited information provided, it is easy to put all the blame for some sort of travesty on SPD.
Everyone wants to lynch SPD for what has happened, but without knowing more information it is really hard to blame them when Sylvia may have some responsibility for what has happened as well. Depending on the circumstances, SPD may be in the right for making certain notifications, in fact they may have been legally required to. Another poster mentioned it, and I am curious as well - how did SPD have any info about having a counselor or who it was?
I could start a thread about how some police agency gave me a beat down, confiscated my weapon, put me in the hospital, contacted my employer, and all sorts of other bad things and play victim without ever saying what led up to it. The fact they did all those things could be because I decided to face off against a cop, wave a gun around and commit crimes. Whether or not a prosecutor decides to files charges or not doesn't mean the incident didn't happen, it just means the incident didn't rise to the level of a violation OR that they didn't think they could prove the case.
I don't mean to be casting any aspersions at Sylvia, I am just saying that there are some big chunks of the story missing and I am a little hesitant to lend complete support to anyone or anything when I only have a small part of the story.
All of that aside, every time something like this happens it provides a learning opportunity, not only for us but for police agencies. You can't really learn anything if you don't have the big picture of what happened so that you can point out what errors were made along the way.
Trigger Dr wrote:
I disagree.
I have followed her threads and while I am glad she finally prevailed, I believe there are some key pieces missing that would help with understanding how and why this happened. With the limited information provided, it is easy to put all the blame for some sort of travesty on SPD.
Everyone wants to lynch SPD for what has happened, but without knowing more information it is really hard to blame them when Sylvia may have some responsibility for what has happened as well. Depending on the circumstances, SPD may be in the right for making certain notifications, in fact they may have been legally required to. Another poster mentioned it, and I am curious as well - how did SPD have any info about having a counselor or who it was?
I could start a thread about how some police agency gave me a beat down, confiscated my weapon, put me in the hospital, contacted my employer, and all sorts of other bad things and play victim without ever saying what led up to it. The fact they did all those things could be because I decided to face off against a cop, wave a gun around and commit crimes. Whether or not a prosecutor decides to files charges or not doesn't mean the incident didn't happen, it just means the incident didn't rise to the level of a violation OR that they didn't think they could prove the case.
I don't mean to be casting any aspersions at Sylvia, I am just saying that there are some big chunks of the story missing and I am a little hesitant to lend complete support to anyone or anything when I only have a small part of the story.
All of that aside, every time something like this happens it provides a learning opportunity, not only for us but for police agencies. You can't really learn anything if you don't have the big picture of what happened so that you can point out what errors were made along the way.
sudden valley gunner
Regular Member
imported post
I would agree with trigger on this. If she can legally own it than it is no one elses business. Otherwise don't give it back.
Plus there have been a few hints on what the incident was. If sylvia doesn't want to or cannot talk about, so be it.
I would agree with trigger on this. If she can legally own it than it is no one elses business. Otherwise don't give it back.
Plus there have been a few hints on what the incident was. If sylvia doesn't want to or cannot talk about, so be it.
Beretta92FSLady
Regular Member
imported post
911Boss wrote:
I will choose my words much more wisely:
My property was confiscated for the purpose of an investigation, due to an incident that my family, and I were inviolved in with an individual that we did not know (a random person off the street that we had never met prior to the incident). I responded to the incident with the use of my sidearm. There was an investigation regarding the incident, and it was determined to be justified in the action that I took.
What is at issue is not the confiscation of property, and the investigation of the incident.
The issue was about what happened after the prosecutor made a determination that my actions in the incident were justified.
My multiple requests for myproperty were ignored (handgun, CPL, holster) for two months after the investigation was closed.
The second issue is that before I was given my handgun back, the poilce department called private citizens, councelor...doctor(?) and disclosed that I am a registered owner of firearms, and that I am being given back my handgun.
I hope that offers a bit more clarity as to the incident (althoughI was still general), and the reason for my complaints. The incident, confiscation of property as part of investigation and supsoquent investigation is not the issue. It is what followed the determination that I responded lawfully.
***BTW, I am not trying to imply anything negative about the SPD, but am pointing out what I feel is a violation of my privacy in making the calls that they have made, disclosing my being an owner of firearms. I do not support generalizing any police department as being POS...there might be individual's who work in that field that are POS, but that is a very small portion of MANY great folks that put their life on the line everyday for all of us, and for the purpose of maintaining some degree of cohesiveness in our society, where people for the most part can live their lives without the constant fear of victimization.
911Boss wrote:
I will choose my words much more wisely:
My property was confiscated for the purpose of an investigation, due to an incident that my family, and I were inviolved in with an individual that we did not know (a random person off the street that we had never met prior to the incident). I responded to the incident with the use of my sidearm. There was an investigation regarding the incident, and it was determined to be justified in the action that I took.
What is at issue is not the confiscation of property, and the investigation of the incident.
The issue was about what happened after the prosecutor made a determination that my actions in the incident were justified.
My multiple requests for myproperty were ignored (handgun, CPL, holster) for two months after the investigation was closed.
The second issue is that before I was given my handgun back, the poilce department called private citizens, councelor...doctor(?) and disclosed that I am a registered owner of firearms, and that I am being given back my handgun.
I hope that offers a bit more clarity as to the incident (althoughI was still general), and the reason for my complaints. The incident, confiscation of property as part of investigation and supsoquent investigation is not the issue. It is what followed the determination that I responded lawfully.
***BTW, I am not trying to imply anything negative about the SPD, but am pointing out what I feel is a violation of my privacy in making the calls that they have made, disclosing my being an owner of firearms. I do not support generalizing any police department as being POS...there might be individual's who work in that field that are POS, but that is a very small portion of MANY great folks that put their life on the line everyday for all of us, and for the purpose of maintaining some degree of cohesiveness in our society, where people for the most part can live their lives without the constant fear of victimization.
FrankC
Regular Member
imported post
Thank you for the explanation Sylvia.
Thank you for the explanation Sylvia.
j2l3
Regular Member
imported post
Well said Sylvia!
Well said Sylvia!
amzbrady
Regular Member
imported post
Congrats on getting your firearm back.
Congrats on getting your firearm back.