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Pistol taken away but no charges...

RaydeeezyRaydeeezy Member Posts: 12 ✭✭
ok i got pulled over about 4 months ago. the gun was in the glove box unloaded with my gun permit on me. officer took my gun away because i had a few drinks. its beeen 4 months now and i still havent gotten my gun back. this is in seattle, washington. does anybody know whats there for me to do to get my gun back? the officer who arrested me has to release my gun himself. and i been calling the evidence department to see if there has been a release on my gun yet and still not. what can i do? just got my gun. has less the 500 rounds on it. would like to get it back. any help?

Comments

  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    Yeah, get a lawyer.
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    do you think i should get a lawyer? i havent been formally charge with anything at all.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Perhaps cut your losses and thank your lucky stars that they didn't charge you..thereby losing the privilege of carrying forever ?
    Other words...buy another gun and chalk the last one up to experience..
    I.E....Don't drink and carry a gun..even in the glove box.

    This may not seem right to you..but you bought into their rules when you bowed to their tyranny....
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by Raydeeezy
    do you think i should get a lawyer? i havent been formally charge with anything at all.


    Yeah, I do. They have seized your property, and you want it back. If it has been a long time, there is a such thing as a statute of limitations. This makes filing charges against you in non-felonies impossible.

    In the future don't drink and carry.... not even cough syrup. If any other cop takes your gun, be certain to get his badge number, and if he refuses to give it back, you know which officer to burn, and you might as well go after his supervisor, while you're at it.
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    After completing a CCW course a couple weeks ago, it seems like drinking has to be crossed off the list altogether. If you are arrested for any alcohol related violation (DWI, drunk in public, etc.), even if you are not carrying your firearm, then that is grounds enough to revoke your CCW.

    I think your options are: a) get a lawyer, fight for your rights, try to get your gun back, yet risk raising their suspicions and possibly getting charged and losing all of your rights, or b) as Highball suggested, take it as a warning, thus sacrificing your investment in your firearm and be A LOT more careful in the future.

    My opinion, OPTION A = they squash you like a bug; OPTION B = you live to fight another day, hopefully a lot SMARTER.

    -Wolf
  • HighballHighball Member Posts: 15,755
    edited November -1
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    ok so do you guys think my ccw is revoked? i still have my permit. they gave it back to me but my gun.
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    do you think i can still buy another gun???? where can i find out if my ccw is revoked or not?
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    oh yea, and how long do you have before the statue of limitation is up? its been 4 months. and thats probably not up yet but do anybody know how long they have to formally charge me?
  • dsmithdsmith Member Posts: 902 ✭✭✭✭
    edited November -1
    I'm no expert, but I don't think your CCW would be revoked if they didn't say anything to you. In order to lose your ability to buy a gun, you must be convicted of a felony. You haven't been.

    The length of the statute of limitations varies by state (unless you commited a federal crime, in which case it is subject to the federal statute). I don't know what your states laws are like, but in Pennsylvania, the statute is set at two years for all crimes, except murder (which has no limitation).

    I think you could probably buy another gun.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Around this area....the general practice is to run you to jail after confiscating the gun.

    Were I forced to guess..that gun never made it to the evidence room.

    Myself...I would buy another gun. You still have the CCW...no reason not to. The background check will tell you if the officer formally charged you..very unlikely.

    My personal advice, by the way..never carry a gun show weapon as your CCW piece. Get it straight up at some dealer.
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    quote:and i been calling the evidence department to see if there has been a release on my gun yet and still not.

    Have they acknowledged that they possess your firearm?

    If so, I would suggest you keep calling them. In fact, maybe just ask them point blank if they have any idea when it might be released, and whether they will call you when it is ready to be picked up.

    Don't be a pest about it, that will raise their suspicions and make you more of a target. If they say that they will call you if/when it is ready to be released then I say don't bug them anymore and just pray that you will get your gun back in a few months when the paperwork has cleared.

    In the meantime, go buy another gun. You will find out real fast whether you have any charges against you. I know in my state we have to qualify with our carry gun and the type and model is added onto our CCW. If you can purchase the gun okay, then run the paperwork to add the new gun to your CCW (if that is required in your state). That will surely ring their bell if something is on your record. Of course, that could push them to pursue the issue and at that point you would have no choice but to get lawyered up.

    JMHO,
    Wolf
  • pickenuppickenup Member, Moderator Posts: 22,391 ******
    edited November -1
    Lets see here. Hmmmmm....

    You were arrested.
    Were you driving drunk?

    There was a gun in the car, in the glove box.
    Did you give the cops a reason to search your car?
    Were you asked, or did you volunteer any information about having a gun?

    4 months later, you don't even know if/what you may have been charged with???
    Do you know what you were you arrested for?
    Have you gone to court for whatever that was?
    If so, did you bring up anything about getting the gun back?
    If you didn't bring it up, WHY NOT?
    That is the time to bring it up, the judge will order it's return, or not.
    If you haven't been to court yet, ask the public defenders.
    See if they agree, that when your in court, that is the time to settle the case.

    Did you get a receipt, from the arresting officer, for the gun?
    You can request all of the officers notes he made when he arrested you.
    The gun being confiscated, should be in his notes somewhere.
    Like WW asked, have they said that they even "have" your gun?
    If not, I wouldn't hold my breath about getting it back.

    A lawyer would probably cost more than the price of the gun.
    At $100 buck an hour (or more) for a lawyer.
    How much are you willing to spend, to get back a $400 gun? (guessing)
    With (of course) NO guarantee that they will ever get your gun back.
    The cops know (and count on) that.

    Likewise, around here, there is ZERO tolerance for mixing alcohol and firearms. If you blow ANY number, you can loose your "PERMIT." Since we "have" the law, I do happen to agree with that part of this "UN-constitutional" law regarding your "permit" to continue to carry a firearm. Alcohol and guns DON'T mix.
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    ok so let me see here...

    i was not formally charge with anything at all!!! was brought into the station and that was about it. they released me 30 minutes after arriving. the gun is in the evidence room because i called a few times to see if they have released it to me yet. but the ladie on the phone was really nice and said it wasnt and you should keep bugging the arresting officer because he's the only one that can release the gun to you. i havent called them lately because i didnt want to raise to their attention about me wanting my gun back. i have not gotten anything in the mail in regards to the arrest. no court dates no nothing! ZIP! all i got was a case# after they released me that night. ive called the officer himself but he never return my phone calls. been really trying to find out how im going to get my gun back.

    any more help would be nice!
  • HighballHighball Member Posts: 15,755
    edited November -1
    I stand corrected about the gun actually being in the evidence room.
  • codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    If you were out in 30 minutes you likely have not been charged. My guess would be that the paperwork would take longer to fill out. Case number? How 'bout #342585698 ? See how easy it is to get a case number?

    Find out who the arresting officer was, and find out what shift he works. When he's on shift, go to the PD and talk with him. He'll tell you right then whether or not he filed. If he hasn't filed, ask him to escort you to the evidence locker and sign the thing out.

    Any more effort that that, and you need to apply the law of diminishing returns.
  • Red223Red223 Member Posts: 7,946
    edited November -1
    YOU must file a written notarized notice to the Chief of Police or head honcho at the headquarters of whatever police station took your weapon IMMEDIATELY demanding for your property back.

    I'd put a CC on the written notice and file it with the County Court Clerks Office as well.

    They are allowed to use and abuse your firearm under State law and you can't do anything about it:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=63.32.010


    Dang....your State SUX!!
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    ok so i called the evidence room yesterday to ask if there was a release on my gun yet. the guy on the phone so "NOPE no release yet" he said it might take years for them to release something back to you. so basicaly i think im out of luck on here unless i get a letter from the police saying my gun is being release to me.

    anybody know whats the deal on gun shows? we have one about once a month here and was wondering how that works? how would i buy a gun there with them checking my background?
  • KYfatboyKYfatboy Member Posts: 859 ✭✭✭✭
    edited November -1
    Boys I smell A jack boot. SOmething don't seem right about this to me.
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    what do you mean? do you think they jacked my poop? its supposely in the evidence room...

    quote:Originally posted by KYfatboy
    Boys I smell A jack boot. SOmething don't seem right about this to me.
  • mrseatlemrseatle Member Posts: 15,806
    edited November -1
    Thank that officer and give him the gun as a gift for teaching you a valuable lesson without ruining your life!
  • Red223Red223 Member Posts: 7,946
    edited November -1
    when you file your State income tax for 2005 be sure to deduct the guns value from your income for tax purposes and include a signed dated and notarization on the form stating that the State has taken such property from you without just compensation.


    Have you written your State Senator's/Congressfolk about the issue yet?

    How about the name of the arresting officer along with the police dept. he is part of?....post their info here please. It's public record.
  • shootstrightshootstright Member Posts: 342 ✭✭✭
    edited November -1
    Report it to the BATFE as being stolen and who stole it.
  • RaydeeezyRaydeeezy Member Posts: 12 ✭✭
    edited November -1
    tax season is already done and over with. i cant add that on there now. if i knew i would of done that when it was tax season. it was taken out of seattle washington, west precint. the officer name is officer Terry. thats all i know. i cant even get a police report for this incident. i think they just jacked my shiet because it was a brand new gun almost. less the 500 rounds
  • Slow_HandSlow_Hand Member Posts: 2,835
    edited November -1
    Have you ever heard of the term "vigorish"? It's the extra cost above and beyond the favor that was done. In this case, it's keeping your gun for not running your butt in jail and formally charging you.

    Chalk it all up to a relatively inexpensive experience and let it go. You got off easy, so don't go tugging on Superman's cape!! With your CCW permit intact, you can go out and get another gun.
  • Red223Red223 Member Posts: 7,946
    edited November -1
    In twenty years ATFE or some Police Department will knock on your door and arrest you as suspect #1 in a murder investigation when they find that handgun at a crime scene. A judge, jury, and the police will laugh when you try to tell a story about some Seattle Police taking it in 2005 and never filing a police report.


    You would have been better off charged with a DUI and faced the music then be a suspect in a murder case later on after that gun gets into the wrong hands thanks to Seattle's finest.

    You need to immediately hire a lawyer. If it takes $20,000 in legal fees to get that handgun back it's still cheaper than getting a murder conviction when you lost your handgun to a police officer that took it home.
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