Legal Question in Civil Litigation in Washington
Stolen Weapons??
A few years ago when I was still a minor i was involved in a few things i shouldnt have. My brother ended up taking my fathers shotgun i inherited when he passed away. I have been asking for it back since. Recently I was involved in a ''domestic violence'' incident. The charges were instantly dropped in court after the court found the ''victim'' guilty of perjury. The whole thing was a rouse to gain the upperhand on me in the household. But in that time of my trial another one of my weapons was taken. So now i am missing my shotgun and my rifle. I am legally able to own firearms and have no problems whatsoever with the law. I have called asking for the weapons back several times. They will not answer the phone. I have asked them in person several times.. they said they gave them away to a friend for ''safe keeping'' and i probablywont see them again. What are my options? Can i report them stolen to the Police? or am i screwed?
I have written a letter to them asking for the weapons back. I was going to have it be certified so they have to sign for it..it basically says you have 72 hours to return the items before they are stolen. Is that a good idea or a good step??
Thank you
1 Answer from Attorneys
Re: Stolen Weapons??
It is never a good idea to threaten unlawful action, so don't tell them the weapons will be stolen. Also, reporting the guns stolen is going to make the police yawn.
Instead, write them and say they have three days to return the property or you will begin judicial proceedings for their return.
You should send two copies - one regular mail, and the same letter certified. Keep a copy for your file, as well.
The legal action is called replevin. That means you are telling the court you believe they have property of yours and you want it back. You cannot do this in district court, you have to use the superior court.
The court may ask you to post a bond for the value of the property.
This is not self-help law. You need to lawyer up. Best wishes for your recovery of the property. Be prepared to show that there are no impediments to your possessing the guns, as they might argue you can't have them.
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