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"Untraceable firearm" confiscated

J1MB0B

Regular Member
Joined
Dec 15, 2011
Messages
243
Location
Yakima Washington
In November of 2023, I found myself involved in a road rage incident which led to my arrest due to the other driver falsely claiming that I shot at him. Long story short, it didnt happen; his story was full of holes, I have a dashcam, and all charges were dropped.
In the process, the city police department confiscated all of my firearms. When the charges were dropped, they returned all but one. It's an 80% lower that was built around end of 2012ish. The city attorney is refusing to return it under RCW 9.41.326(2) because he considers it an untraceable firearm.
Per RCW 9.41.010(52) "Untraceable firearm" means any firearm manufactured after July 1, 2019. As I stated above, mine was built well before that date. I don't have a way to prove that.
As of today, 6/4/24, they are only refusing to return it and no charges or infractions have been issued under RCW 9.41.326(5)(a).
I have questions
1. I need attorney recommendations. I have called so many attorneys its ridiculous. None will help. They either say they don't take cases of this type or call them back when there are charges.
2. Is it my responsibility to prove it was built before 2019, or thier's to prove it was built after?
3. How do I get this in front of a judge? Like I said, no charges mean no court date.

Thanks for taking the time to read this.
 

DoubleTap

Regular Member
Joined
Aug 24, 2008
Messages
183
Location
Henrico, Virginia, USA
You can try contacting Dan Hawes, his screen name is User. He was very active for many years on this site. Unfortunately, he doesn't practice law any more, but he may be able to give you some advice! Good luck, that is quite a situation you are dealing with!
 

J1MB0B

Regular Member
Joined
Dec 15, 2011
Messages
243
Location
Yakima Washington
I have retained an attorney. No, its not william kirk. It appears that he is only iterested in youtube views. Anyway, my attorney is in contact with the city attorney. While the outcome is still unknown, based on whay has been said so far, I'm hopeful.
 
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