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Oops - does the Seattle gun "buyback" violate WA law?

Discussion in 'Legal & Political Archive' started by 8ball, Jan 29, 2013.

  1. 8ball

    8ball WA Quit talkin' and start chalking!

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    RCW 9.13.040 would appear to apply to what Seattle is doing in their gun "buyback" program, because they must either keep or sell legal firearms, destroying only illegal ones.

    Any opinions? Where's Dave Workman?

    Chapter 9.13 Disposition of Lawfully Seized or Abandoned Property

    9.13.040 Disposal of forfeited firearms.

    Any firearms seized by and forfeited to the City pursuant to State law shall be turned over to the chief law enforcement officer, who may to the extent allowed under RCW 9.41.098 dispose of said firearms as follows:

    (a) The chief law enforcement officer may retain legal forfeited firearms for Police Department use, subject to the limitations of RCW 9.41.098(2)(b);

    (b) The chief law enforcement officer may sell legal forfeited firearms at auction, or in any other manner allowed by law;

    (c) Illegal forfeited firearms, defined as those firearms that are illegal to possess, must be destroyed. (Ord. 01-702 § 5; Ord. 08-864 § 1).
     
  2. wolfcreek

    wolfcreek Redmond Member

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    Well, probably not. The wording is MAY retain legal, MAY sell legal, MUST destroy illegal - does not preclude destroy legal.
     
  3. Kevinkris

    Kevinkris Aloha Well-Known Member

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    may gives the option between a and b. it doesnt say they can destroy them. looking at what they did realistically. its better to just recycle the materials because those guns are always trash anyway. its rare that someone actually turns in a good gun.
     
  4. DireWolf

    DireWolf Oregon Active Member

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    If it was an either/or "or" would be after (a), and "may" would read "must" or "shall".

    They may use them or sell them, as in - they are allowed to do either. There is nothing saying that they cannot destroy legal firearms along with illegal firearms.
     
  5. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    They were purchased? with help from donations. Would that mean they weren't forfeited?
     
  6. rapgood

    rapgood Seattle, WA Member

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    Link to RCW 9.13, please? (or SMC 9.13, for that matter).
     
    Last edited: Jan 29, 2013
  7. DireWolf

    DireWolf Oregon Active Member

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    RCW 9.13
     
  8. joeroket

    joeroket Everett,Wa. Active Member

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    Nothing they did was unlawful. The RCW allows for the resale of the firearms. It does not require it. Also since these were not seized firearms, they were purchased through donations, the city can do with them what they please.
     
  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Cities in WA can not make stricter gun laws than the state,even though Seattle likes to try
     
  10. Nightcrawler

    Nightcrawler Snohomish County, WA Active Member

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    I'm curious as to whether those people who "sold" their firearms for $100 or $200 were given a receipt, for their records or not. What if a handgun that was registered to "you" turned up somewhere after you "sold it". On that note, even if I was going to trade them a rusty paperweight handgun, I would have had a DOL transfer form in my hand to protect me.
     
  11. rapgood

    rapgood Seattle, WA Member

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    There is no such chapter in the RCW's. There is, however, a chapter in the Dupont City Code that matches what was posted above, but it has no lawful authority over what happens in Seattle.

    The chapter that is close in the RCWs is at RCW 9.41.098.
     
  12. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    Dave Workman's right here.
    Let me do a little research before getting too far into the weeds on this.. But it's an interesting question!!!!
     
  13. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    There is NO REGISTRATION in WA. There is a "record of sale by a licensed dealer", but you are free to sell you personaly property to whomever you wish without notifying the state of the sale as long as your sale conforms to federal law.
     
    Nwcid and (deleted member) like this.
  14. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    These firearms were NOT seized or forfeited. 9.13.040 does NOT apply because these items were bought.

    IF 9.13.040 applied to purchased items then EVERY firearm owned by an LEO agency would have to be disposed of by a,b,c and the LEO's would have NO firearms at all.