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

[8ball]

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?

<broken link removed>

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).

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[wolfcreek]

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

 

[Kevinkris]

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.

 

[DireWolf]

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.

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.

 

[mjbskwim]

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

 

[rapgood]

Link to RCW 9.13, please? (or SMC 9.13, for that matter).

 

[DireWolf]

Link to RCW 9.13, please? (or SMC 9.13, for that matter).

RCW 9.13

 

[joeroket]

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.

 

[mjbskwim]

Link to RCW 9.13, please? (or SMC 9.13, for that matter).

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

 

[Nightcrawler]

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.

 

[rapgood]

RCW 9.13

There is no such chapter in the RCW's. There is, however, a chapter in the <broken link removed> 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.

 

[Dave Workman]

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?

<broken link removed>

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).

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!!!!

 

[hermannr]

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.

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]

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.