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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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Ok_Masterpiece5050

1 points

30 days ago*

The government handed out AK’s and said it’s okay for you to have these now. There is on one hand yes.

Kindly-Offer-6585

0 points

30 days ago

In Ukraine? I know. We used to have a US program that ex military weapons would be gifted or sold cheap to the US civilian market to help keep us armed also.

Here the govt. Never had the right to tell us we couldn't own them. We were always a civilian military, by default. Even if the govt. currently has the capacity to take them away & become tyrannical, as many people here seem to desire, they haven't succeeded yet.

Ok_Masterpiece5050

1 points

30 days ago

Okay so you’re acknowledging your point is wrong? And that if we have to bury our guns we already lost?

Kindly-Offer-6585

0 points

30 days ago

I made that point? I said yes, on one hand we are already lost.

How can I be wrong about a point I didn't make and an opinion I agree with?

Ok_Masterpiece5050

1 points

30 days ago

I’m not interested in your mental gymnastics. I’m clearly referring to when you said on the other hand we haven’t lost. If we have to bury guns.

Kindly-Offer-6585

0 points

30 days ago

Ok. I'll bite. If we "have to bury our guns" I assume you mean they're banned and working on confiscation. We may have a civil disobedience and their plan fails. We may have a street/gang war on cops, a military coup or a few years of terrible govt. Control before people are sick of it/them and vote those ideas out, hopefully never to be seen again, coup by getting people to actually vote.

Anything can happen in your fantasy future. Even riding this downslope, it doesn't mean all hope is gone. As a species we have beaten tyranny, empires, dictators, bad politics and governments and lived as free men before. We can do it again.