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WA CPL/NICS question

Discussion in 'Legal & Political Archive' started by godblessmud, Dec 30, 2013.

  1. godblessmud

    godblessmud wa New Member

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    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?
     
  2. The Heretic

    The Heretic Oregon Well-Known Member

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    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.
     
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  3. ATCclears

    ATCclears Seattle area, WA Well-Known Member

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    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
     
  4. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

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    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.
     
  5. godblessmud

    godblessmud wa New Member

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    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..
     
  6. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    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"
     
  7. John H

    John H Whatcom County Well-Known Member

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    @ 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??
     
  8. slimer13

    slimer13 Deer Park Well-Known Member

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  9. John H

    John H Whatcom County Well-Known Member

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    Can we apply that to people with DUI's, especially with multiple DUI's?? :thumbup:
     
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  10. slimer13

    slimer13 Deer Park Well-Known Member

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    No but it could be applied to people who kill people drunk driving.
     
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