Washington Police Confiscated Firearms

Discussion in 'Firearm Laws & Legal' started by Jsm11, May 10, 2018.

  1. Jsm11

    Jsm11
    Tri-Cities, WA
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    I was talking with a friend, he insinuated that the Yakima Police department melts down firearms older than 60 days in storage that had been confiscated?

    Seemed odd to and I thought I’d check here...

    I’d think anything that was confiscated would be held until trial was over, at which point it would be returned to the owner.

    If perhaps, it wasn’t picked up, I’d imagine they could sell it wholesale, or just leave it on the rack for x number of months/years...

    So, anyone LEO or in the know please shoot me straight, so I can correct him...
     
  2. Fast Eddie

    Fast Eddie
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    I have long thought that confiscated guns and knives, were given to the family and friends of the Police, on birthdays and Christmas.

    No one has the courage to admit I’m right, when I tell them about my suspicions.
     
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  3. slimer13

    slimer13
    Deer Park
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    I got a gun back from Spokane Sheriff's dept after 18 years.:)
     
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  4. BWH

    BWH
    Tualatin, Oregon
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    Evidence laws are pretty intense. I dont know them in depth but do know how one department operates under federal rules.
    Our PD has firearms going back to their first year of operation in evidence for various reasons/cases. some of those will be there forever, some go to families and the rare stole firearm returned to legal owner. These 3 reasons, I have seen happen several times in the past 14 years. I have also been witness to the destruction of some nice firearms as well as well as total take-apart disassembly. All documented.
    Nothing goes home to friends and family.
    ....at least for agencies that do things right. If its documented or attached to a case number. Always ask for a case or incident number, that generates the paper trail!
     
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  5. 308

    308
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    Im not sure what you are suggesting with that last comment about others not having courage. Perhaps if you had proof of your assmption it would yeild a different response.

    During one of those lame gun buyback things, I watched the Portland Police take a NEW AR15 from some shill and lay it gently aside, and take all the magazines and place them in a box inside thier motorhome while at the same time the rest of the long guns were uncerimonially tossed in a heap. All this made me think these guys planned on keeping that AR and all the mags.

    But that was just an assumption on my part based upon what I saw.
     
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  6. WALawyer

    WALawyer
    Tacoma, WA
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    Simply confiscating a firearm does not entitle the police to destroy or sell it because the confiscation may be temporary or illegal in the first instance. Usually some other act needs to occur, either by operation of law, or by court order.
     
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  7. Fast Eddie

    Fast Eddie
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    I was trying to be cheeky mostly
     
    Last edited: May 11, 2018
  8. KKG

    KKG
    Western Washington
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    And, you did a really lousy job of it!!!:mad::mad::mad:
     
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  9. Lilhigbee

    Lilhigbee
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    Here is what Washington Law says will happen to confiscated firearms. Sections (2) and (3) specifically, but I thought section (1) would be of interest also;

    RCW 9.41.098
    Forfeiture of firearms—Disposition—Confiscation. (Effective until April 1, 2018.)

    (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
    (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
    (b) Commercially sold to any person without an application as required by RCW 9.41.090;
    (c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;
    (d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed;
    (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
    (f) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77RCW shall not result in forfeiture under this section;
    (g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
    (h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
    (i) Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed.
    (2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.
    (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
    By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
    (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
    (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
    (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 79A.25.210.
    (c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department *bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
    (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.
    (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
    (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
     
  10. Legs

    Legs
    NW Oregon
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    My nephew is a cop and many of my friends are on the job or retired. Non will admit to what I will tell you, but I know first hand a lot of firearms are taken from individuals by LE and if they are not evidence or used in an illegal act that gets prosecuted the firearm often ends up being retained by the officer that lifted it off someone.
    I'll give you a couple examples... cop pulls a friend/acquaintance over for some minor crime or traffic infraction like DUII, ends up taking suspects gun to limit any further legal damage that possession of a firearm may bring. Perp doesn't get it back, nor will they complain. Usually they are grateful.
    Another example is when meeting with a CI most LE will pat down said snitch first off (smart thing to do). Generally they are felons and still carry firearms (imagine that). Into the bucket goes another gun, never to make it to the station. The weapon is always checked against stolen guns database however.
    There are plenty of scenarios like these, all adding to lockers full of guns taken from individuals, never to make it through the legal system. Those guns will eventually make it back out into the civilian market, usually sold by a retired cop or his estate.
     
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  11. thorborg

    thorborg
    portland oregon
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    I'll throw some shady support towards this assertion somewhat. 40 years ago I worked a second job in apartment maintenance. A Clackamas sheriff's apartment needed his water heater replaced which was located in the crawl space with the only access through the bedroom closet floor. Having gained access to his apartment via his wife, I removed the contents of the closet. One object was a two foot square open top box filled to overflowing (at least 100) with all manor of switch blades, butterfly knives, hunting knives etc. plus at least a few revolvers mostly in poor condition. I admit I "Assumed" they were confiscated from pat downs. Since most of the knives were illegal for me to possess, I'll stand by my assumption.
     
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  12. usausausa

    usausausa
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    Some places resale them to fit holders and gunsmiths .The knifes and other sharp objects seized at Portland airport are sold on ebay
     
  13. wired

    wired
    Yakima
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    When my great grandfather LA sheriff deputy died of old, old age his sheriff buddies came over and cleared out the 100+ "confiscated" weapons that adorned his living room wall. Who you gonna call?
     
  14. awshoot

    awshoot
    Bellingham
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    The smarter ones do it inside the law -- you know, auction them off to themselves or friends in non-publicized auctions rather than list them on Gunbroker:

     
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  15. KKG

    KKG
    Western Washington
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    Lilhigbee: I'm guessing you have quoted the RCWs correctly but you need to remember, many of the people here are NOT going to believe what the RCWs say because they don't say what they want them to. LEO bashing is alive and well on here.
     
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  16. Doublesunder

    Doublesunder
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    Not every discussion on police procedures is LEO bashing. No one is above the law, especially those we intrust to enforce it.

    Also it's every citizens duty, to make sure those we do give power to are using it appropriately. Active discussion is not only good but needed.
    I feel more citizens should be actively involved in their municipal government.

    We the People, are one of the checks and balances in our modern republic.
     
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  17. CLT65

    CLT65
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    This story is not intended as cop bashing in any way, just an interesting story from long ago:

    An acquaintance told me that sometime in the late 80's or early 90's he and a buddy were messing around with a fully automatic SKS rifle (didn't know they made them in full auto, but that's what he claimed). They weren't criminals, just a couple stupid kids.

    They had burned through hundreds of rounds way out in the boonies where they thought nobody would hear. When they were done and had laid the gun down, all of a sudden there was a county deputy standing in front of them. He cuffed them, sat them down and chewed them out for 20 minutes, telling them they could go to jail for 20 years for an illegal machine gun and generally putting the fear into them something fierce.

    When it was said and done he let them go and they walked away trembling in fear for a month, but no charges, nothing in writing, and they couldn't even remember the name of the deputy (who took the gun). After a month of living in fear that the cop was going to change his mind and show up at their doors with the feds, they realized that the cop probably walked away chuckling with a free rifle and case of ammo.

    The funny part is that he told me that he never held it again him at all. He said the seriousness of the situation kept him on the straight and narrow since then, and if he ever met that cop again he'd thank him and shake his hand. :)
     
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  18. wired

    wired
    Yakima
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    If you mean they werent criminals because they were committing state and federal felonies then you might be stretching the limits of "they weren't criminals" . Might not be a property of violent crime but its a good minimum 1 year in club fed ( I know they say 10 years but no one actually gets that unless its an add on to a real crime ) . FWIW there are no factory full auto SKS's even though they are the easiest and cheapest rifles to convert to full auto since theres no parts to buy and the safety sear can easily be turned into an auto sear. Like really easy. As far as I know its the only gun the ATF allowed to be imported with a safety sear in the post '68 world.

    Yeah, They got lucky.
     
  19. CLT65

    CLT65
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    You're right. I didn't mean to say they weren't committing a crime, just that they were dumb kids screwing around with something they shouldn't have been. They didn't have any criminal intent beyond that. He seemed well aware of how lucky he was and didn't ever want to see the rifle again.
     
  20. bigguynail

    bigguynail
    Bellingham
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    Yugoslavia and China built selective fire full auto capable sks's some are reported to have come through in bulk importation unknown to be selective fire. I believe customs has a type specific identifier for them since then.
     

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