theaero
Regular Member
PREFACE: I personally don't think alcohol and firearms mix, and neither do the people in question. They weren't carrying, but rather keeping it in the glove box.
My sister's boyfriend got a DUI in Spokane, WA. For what its worth, the boyfriend is an African American, my sister is not. Could or could not have something to do with is? I don't know, but moving on... He had his glock in the glove compartment. He was with my sister, and they both have valid CPLs. My sister often carries the glock, although it is his weapon. It was legally purchased from a friend, who purchased it from a pawn shop. When he was arrested, and they impounded his car, him and my sister asked to retrieve the firearm from the glove box, but the police officer confiscated the gun because she couldn't prove that it was legally owned. In WA state, the DOL form for transfers is optional, I believe?
Anyways, now it is Monday, and my sister/bf went to the police station to retrieve the glock, but they refuse to give it back without a NICS check, and until they can verify it is legally his. He has no bill of sale. Is the officer legally allowed to seize a firearm to check if it was stolen? Without any probable cause? What action should my sister's boyfriend take in this situation? He has a valid CPL and no felonies, and the firearm is legally owned. Is a DUI probable cause for possessing stolen firearms?
Thanks a bunch for advice / legal references.
My sister's boyfriend got a DUI in Spokane, WA. For what its worth, the boyfriend is an African American, my sister is not. Could or could not have something to do with is? I don't know, but moving on... He had his glock in the glove compartment. He was with my sister, and they both have valid CPLs. My sister often carries the glock, although it is his weapon. It was legally purchased from a friend, who purchased it from a pawn shop. When he was arrested, and they impounded his car, him and my sister asked to retrieve the firearm from the glove box, but the police officer confiscated the gun because she couldn't prove that it was legally owned. In WA state, the DOL form for transfers is optional, I believe?
Anyways, now it is Monday, and my sister/bf went to the police station to retrieve the glock, but they refuse to give it back without a NICS check, and until they can verify it is legally his. He has no bill of sale. Is the officer legally allowed to seize a firearm to check if it was stolen? Without any probable cause? What action should my sister's boyfriend take in this situation? He has a valid CPL and no felonies, and the firearm is legally owned. Is a DUI probable cause for possessing stolen firearms?
Thanks a bunch for advice / legal references.