WA CPL/NICS question

godblessmud · Dec 30, 2013

Earlier this year i was arrested for the non firearm related (albeit still stupid on my part) charge of dui. The charge was reduced to reckless driving. However the pistol i had on my person at the time has been retained by the local police and they have no intention of returning it. (which is not unusual for my town, i don't know of anyone who has ever had a firearm taken for ANY reason that got it back from this PD..even years later any request is responded to with a note that the firearm is being held for "safe keeping")

I am a current WA state cpl holder and have not received anything from the state regarding the status of my cpl nor anything else on the subject.
My question is, i have found a good deal on a pistol online that i have been wanting for awhile, what should i expect from the NICS when i buy it. I have not found a FFL willing to run a NICS unless the pistol is already shipped to them. I don't want to be on the hook to pay for a gun if I'm going to run into ridiculously long delays, in which case I'd rather pursue another private party offer (for a higher price)

Advice?

The Heretic · Dec 30, 2013

I would hire a pro-gun lawyer to sue the PD to get the firearm back. Some may do it pro-bono or on the cheap. Sometimes a letter from a lawyer threatening to sue is enough.

I think the reason they may not want to run a NICs check is that maybe the check requires a gun serial number. I was a bit dismayed when I found out that the Oregon gun show insta-check requires a gun gun serial #, including for private transfers. This is just a prelude to registration as there is no need for a firearm serial number to find out if a buyer is legal or not. The only reasons for a serial # would be:

a) Check whether the firearm is stolen
b) Keep a registry of transfers.

ATCclears · Dec 30, 2013

First, get a good lawyer to see about your confiscated weapon.

Second, instead of buying online and not knowing if the NCIS will approve the transaction, perhaps be willing to pay a bit more if you can find the same pistol at a local or in-state gun shop. You then mitigate the risk of paying for the gun but not being approved for it (and likely losing part or all of your money in the transaction, depending on the terms of the online website).

Peter

JAFO · Dec 30, 2013

Ask the judge for the copy of the agreement you signed when she/he reduced the charges to reckless driving. There is probably a line in there that indicates that by signing you are surrendering the handgun (along with agreeing to a 3 year probationary period, etc.) I am not a lawyer but if you talk to one they can tell you if a voluntary agreement to surrender a firearm is the same as a court order to surrender a firearm. I don't believe it is and I don't think it has any bearing on this subject anyway.

Reckless driving, dui, negligent driving, etc. are misdemeanors that do not disqualify you from purchase or possession of a firearm. The NICS check will go through fine if what you have said is all that is involved.

godblessmud · Jan 28, 2014

Well after reading rcws until my eyes hurt, discussing the issue with my lawyer and preferred ffl i went ahead and ordered the pistol. A combination of my ffl having odd hours and that I was out of town when it arrived i just got around to the paperwork yesterday. Nics came back as delay until Friday.

As for my court paperwork I've searched through it and cannot find any official notation regarding the firearms i head in my vehicle whatsoever. So im not sure if that was a last minute thing the DA decided to do or what. But so long as this transaction goes through i think I'll return to three PD and request my others guns back with said paperwork. If they still say no i guess its time to give my lawyer some more money..

deen_ad · Jan 28, 2014

Spend $1,000 on an attorney to get a $500 gun back might not be a good value for your money. (Just guessing on the attorney cost and gun value but you see my meaning).

But if the gun is worth $2,000 and it's in good shape and you can get it back for $500 then it might be worth it.

Deen
NRA Life Member, Benefactor Level
"Defender of Freedom" award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"Having a gun is like a parachute, if you need one and don't have it you may never need it again"

John H · Jan 28, 2014

@ deen_ad , it shouldn't matter value, it should be done on principle.

@godblessmud, if you can't be responsible enough in a simple thing like driving, how can you be responsible enough to own a gun??

slimmer13 · Jan 28, 2014

John H said:
@godblessmud, if you can't be responsible enough in a simple thing like driving, how can you be responsible enough to own a gun??[/QUOTE

Self defense is a right that any free human being should be able to exercise using the best tools available to them for that purpose. There should not be any prohibited persons outside prison walls. If someone has demonstrated that the public will never be safe with them free, they should be hung.