Criminal Law Questions? Ask a Criminal Lawyer.
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Do you have a license to carry a concealed weapon?
Did you tell the officer that you had a weapon either on your person or in the vehicle?
What type of firearm was it?
Do you have any prior criminal convictions?
Thanks for the information. Below are the general rules for possession of a firearm in Washington State.
Assuming there are no other prohibitions, e.g. (being a)
and a U.S. citizen.
Note: Non-U.S. citizens can possess if from some Canadian
provinces or if the person has an Alien Firearm License.
shotgun or short-barreled rifle, or parts for these weapons.
Note: Exceptions are police officers, military, or federally
home or fixed place of business without a concealed pistol
CPL and pistol is on the licensee's person, or licensee is in
the car at all times with the pistol, or pistol is locked
inside and out of view if licensee is out of the car.
it is locked inside and out of view.
Unlawful Use of Weapons to Intimidate Another
Notwithstanding a person's general ability to have a visible
pistol on his/her person, officers should consider whether the
person is carrying the weapon under circumstances warranting
alarm for the safety of others.
The gross misdemeanor crime of Unlawful Use of Weapons to
Intimidate Another (EMC 10.78.020) is committed when someone
carries, exhibits, displays or draws any weapon apparently
capable of producing bodily harm in a manner, under
circumstances, and at a time and place that either manifests
an intent to intimidate another or that warrants alarm for the
safety of other persons
The guns that were not the subject of the charge of illegal display of a firearm may possibly be returned to you. You will need to produce the receipt given to you by the state police and proof of ownership of the weapons. A background check may also be done before the guns will be returned.
After the case is over, if you are found NOT GUILTY or there is some type of diversion of the case, you will have to file a Motion to Return Weapon that was the subject of the violation with the court. The court will sign an order mandating the police department to do so.
If you are found guilty, they keep the weapon. However, again, you can try to file a motion for the return its return. It will, however, likely be unsuccessful.
If you are unable to obtain the return of the weapons that were not subject to your alleged violation on your own, you may wish to consult an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the specific facts of your situation, evaluate your options and decide how you should proceed. It is never a bad idea to consult with an attorney, especially if the first meeting is free.
You were NOT being rude at all by your comments.
When I suggested that you may wish to speak to an attorney who specializes in criminal law, I meant that you may wish to consult one who is licensed to practice in your state, and more specifically, one who practices in the jurisdiction in which you were pulled over. I'm sorry that I was not more clear. Attorneys who practice regularly in the jurisdiction usually know the "ins and outs" specific policies of the police department and of the judges who preside over the cases.
Unless the weapons are being held for evidence, there should be no reason that your weapons should not be returned.
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