"Untraceable firearm" confiscated

[J1MB0B]

In November of 2023, I found myself involved in a road rage incident which led to my arrest due to the other driver falsely claiming that I shot at him. Long story short, it didnt happen; his story was full of holes, I have a dashcam, and all charges were dropped.
In the process, the city police department confiscated all of my firearms. When the charges were dropped, they returned all but one. It's an 80% lower that was built around end of 2012ish. The city attorney is refusing to return it under RCW 9.41.326(2) because he considers it an untraceable firearm.
Per RCW 9.41.010(52) "Untraceable firearm" means any firearm manufactured after July 1, 2019. As I stated above, mine was built well before that date. I don't have a way to prove that.
As of today, 6/4/24, they are only refusing to return it and no charges or infractions have been issued under RCW 9.41.326(5)(a).
I have questions
1. I need attorney recommendations. I have called so many attorneys its ridiculous. None will help. They either say they don't take cases of this type or call them back when there are charges.
2. Is it my responsibility to prove it was built before 2019, or thier's to prove it was built after?
3. How do I get this in front of a judge? Like I said, no charges mean no court date.

Thanks for taking the time to read this.

 

[DoubleTap]

You can try contacting Dan Hawes, his screen name is User. He was very active for many years on this site. Unfortunately, he doesn't practice law any more, but he may be able to give you some advice! Good luck, that is quite a situation you are dealing with!

 

[color of law]

Start with President of Washington Gun Law and Attorney Cowan/William Kirk 425-822-1220.

 

[J1MB0B]

Start with President of Washington Gun Law and Attorney Cowan/William Kirk 425-822-1220.

Ive been trying. Hes a hard man to get ahold of.

 

[phoneguy]

Try William Kirt. Washington gun law , he is on you tube.

 

[J1MB0B]

I have retained an attorney. No, its not william kirk. It appears that he is only iterested in youtube views. Anyway, my attorney is in contact with the city attorney. While the outcome is still unknown, based on whay has been said so far, I'm hopeful.

 

[color of law]

Good luck and keep us informed.

 

[JenniferArmstead]

Womans in your city

 

[color of law]

reported

 

[The Big Dog]

In November of 2023, I found myself involved in a road rage incident which led to my arrest due to the other driver falsely claiming that I shot at him. Long story short, it didnt happen; his story was full of holes, I have a dashcam, and all charges were dropped.
In the process, the city police department confiscated all of my firearms. When the charges were dropped, they returned all but one. It's an 80% lower that was built around end of 2012ish. The city attorney is refusing to return it under RCW 9.41.326(2) because he considers it an untraceable firearm.
Per RCW 9.41.010(52) "Untraceable firearm" means any firearm manufactured after July 1, 2019. As I stated above, mine was built well before that date. I don't have a way to prove that.
As of today, 6/4/24, they are only refusing to return it and no charges or infractions have been issued under RCW 9.41.326(5)(a).
I have questions
1. I need attorney recommendations. I have called so many attorneys its ridiculous. None will help. They either say they don't take cases of this type or call them back when there are charges.
2. Is it my responsibility to prove it was built before 2019, or thier's to prove it was built after?
3. How do I get this in front of a judge? Like I said, no charges mean no court date.

Thanks for taking the time to read this.

Have you got ahold of Willian Kirk of Washingtongunlaw.com. I believe his office is in Kirkland WA. he has some very good information on his YouTube channel and if nothing else he might be able to direct you to a lawyer in your area that could help you.

 

[color of law]

Have you got ahold of Willian Kirk of Washingtongunlaw.com. I believe his office is in Kirkland WA. he has some very good information on his YouTube channel and if nothing else he might be able to direct you to a lawyer in your area that could help you.

I suggest you read four posts above yours.

 

[JohnWJ]

Dating for Sex.

 

[color of law]

Reported

 

[user]

You're going to have to file a civil suit for "replevin". That's an equitable remedy which translates to, "give it back, it's mine!". You should probably include a count for "conversion" in case they won't give it back (or if the judge doesn't make them give it back). That's saying that they converted ownership of the property from yours to theirs, the civil equivalent of the crime of theft/larceny.

There also used to be a claim for "quo warranto", which translates to a demand to be told by what authority a public official does something. It's been abolished in Virginia, but may still work where you live.

You might also consider filing in the local federal district court on the grounds of "deprivation of civil rights under color of law" for use of an official's power to deprive you of your right to keep & bear arms. Sue the city attorney himself as well as the city as his employer for monetary damages. You can include the state complaints as well. That's the best option in my opinion, but you will need a good lawyer thoroughly familiar with constitutional law and civil procedure. expect to get your legal fees paid for by the defendants.

That's how you get it on the court's docket. The burden of proof will be on you to show that it was yours, that they took it, and allege that they are keeping it unlawfully. Then, they will have to justify their actions.

I am no longer an attorney, and this is what I remember from Virginia law. You'll need a local attorney. The thing to consider when you recruit one is that this is not a gun case, this is a possession-of-personal-property case. Same as if they'd stolen your hat. Also, it's important to establish that the gun parts do not represent evidence of a crime, as the investigation is over and there is no criminal case pending.