Spokane, Wash. – Brandilee Schwark, a mother of three, turned over a semi‑automatic rifle to local law enforcement in 2022 after a domestic‑violence incident. She used Washington’s temporary surrender process because she feared the gun could be used against her and her children.
Compliance with state law
Schwark says she followed every requirement of the state’s surrender statute, completing the initial form in 2022 and filing a renewed form in 2024. She has provided the police department with the signed paperwork and the required fees, yet the rifle remains locked in an evidence locker.
Police response
Spokane Police Department confirmed the firearm is still in its custody. A department statement noted that the case is “an ongoing legal battle as the firearm is not legal in the state of Washington without the proper tax stamp,” and that the city’s legal team is working on the issue.
ATF protocol changes
The transfer process falls under the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In October of the previous year, the ATF adjusted its protocols to simplify the surrender‑and‑reclaim procedure, aiming to reduce bureaucratic delays for law‑abiding owners who wish to retrieve their property after a threat has passed.
Schwark’s perspective
“It’s disheartening,” Schwark said. “I’m not a bad person. I didn’t do anything illegal with it. It’s never been fired, so it’s shiny and new. It’s pretty feminine.” She added that the person she once feared is no longer in her life, and she now wants the rifle back so she can store it safely at home.
Next steps
After the story aired, Schwark reported that the police department contacted her and promised a letter outlining the steps to ship the rifle to her residence in Idaho. She is awaiting that correspondence, hoping the process will finally move forward.
Legal context
Washington law requires a tax stamp for most semi‑automatic rifles. Without that stamp, the firearm cannot be legally possessed in the state. The law also mandates that owners who surrender a weapon must provide documentation before the weapon can be released. Schwark’s case highlights the tension between public‑safety safeguards and the rights of law‑abiding citizens to reclaim their property once the original threat has subsided.
Community impact
Schwark’s experience raises questions for other Washington residents who may consider temporary surrender as a safety measure. The case underscores the importance of clear, timely communication from law‑enforcement agencies and the need for the ATF’s simplified protocols to be fully implemented at the local level.
Original reporting: KHQ Spokane (news) — read the source article.
