Legal Question in Entertainment Law in Washington

Last fall a Washington Department of Fish and Wildlife officer took my rifle into evidence as part of an investigation for accidental killing of an elk which did not meet the requirements for a legal game animal. I was not charged, nor was my license taken. The wildlife officer gave me an evidence receipt and told me that a prosecutor would review his report and my statement, and that I would be notified if charges would be preferred.

That was five months ago and I've heard nothing.

My question.....Is there a statute of limitations? How long can they hold my property without charging me with a crime?


Asked on 4/28/11, 8:10 am

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

The statute of limitations for a big game gross misdemeanor violation is two years. You may want to wait until the statute of limitations bars prosecution for the offense and then recover the firearm.

If the officer did not serve you with a notice of seizure and forfeiture, the Department of Fish & Wildlife has no legal right to hold the firearm except as evidence. If you were served with a notice of seizure and forfeiture, failure to request a hearing within 45 days results in forfeiture of the firearm. If this is the case, you should certainly refrain from making any contact with the officer or the prosecutor.

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Answered on 4/28/11, 11:28 am


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