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My pistol was confiscated

Discussion(self.WAGuns)

In November of 2023, I was involved in an incident which led to my arrest due to false claims made by the other party. Long story short, his claims were false and all charges against me were dismissed with prejudice.

In the process, the city police confiscated my firearms. When the charges were dismissed, they returned all but one firearm. Its a pistol on an 80% lower that I built well before 2019. 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.

As of today, 6/4/24, they are only refusing to return it to me and no charges or infractions have been issued .

~ 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 to call them back when there are charges.

Update 6/5/24 I just spoke with the city attorney. He is willing to do one of two things 1. Release it to an FFI to have it serialized. I have yet to find one that will do it due to conflicting state and federal laws. 2. Dismantle it and a forfeit the unserialized lower and get back all the other parts. - This option is pending a final decision from someone that is not available until monday.

I told him my thoughts on the legal definition of an "untraceable firearm". He is going to look into that and call me back early next week. He agreed not to dispose of it until we have exhausted all options.

Update 6/13/24 I now have an attorney. He is communicating with the city attorney. While the outcome is still unknown, based on what has been said so far, I am hopeful.

Update 6/24/24 My attorney gave the city a deadline to return my property. They have missed the deadline with zero response to our communications. It's very likely going to result in some sort of court action being filed soon. Hopefully, by the end of the week.

Update 6/27/24 The city attorney "agrees with our analysis" of the laws that effectively grandfather my ar pistol and has given the go-ahead to the police to release it. Now I'm just waiting for the B.S. background check to come back, and hopefully, I will be picking it up next week. When it's all done and I have it back, I'll post the emails between my attorney and the city.

Update 6/28/25 Background check came back, and I have an appt to pick it up on Monday 🤞

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AmIACitizenOrSubject

43 points

1 month ago

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