Buck back to court for firearm case

DAVENPORT — The local man seeking to regain his firearm rights in court after they were revoked due to a crime committed nearly 20 years ago is set to return to Lincoln County Superior Court next week.

Wallace Elby Buck, 62, of Davenport, is scheduled for a hearing in Lincoln County Superior Court on Tuesday, August 6 at 10:30 a.m.

Buck filed a five-page addendum to the court on Monday, July 29, outlining his request and providing additional context for his appeal.

His conviction dates back to January 18, 2008, when he was found guilty of nine counts of second-degree unlawful possession of firearms.

The firearms involved included a Marlin 45 Auto Rifle, a Pardner model SB1 410 Gauge, a Savage model 11oe 20-60, a Marlin .22 Model CC550, a Mossberg 590 12 Gauge, two AK-47s, another AK, and a Jennings J22 .22 Pistol. He was acquitted of the charge related to a 9mm MFG Germany with a Magazine.

The case stems from an assault charge related to a 2007 incident where Buck states he intervened to prevent the arrest of his 17-year-old son.

“There was no way in heck I was going to let that happen,” Buck explained.

Buck’s appeal is driven by two main reasons. Firstly, he argues that his firearm restrictions have unjustly affected his family. Buck’s wife had pawned her rifle to cover immediate expenses, but because of Buck’s firearm restrictions, the pawn shop refused to release it to her.

“They said I have to have a judge restore my gun rights before they can release it to her,” Buck said in his letter to Superior Court Judge Jeffery Barkdull. “It doesn’t seem right that she pays them back and then gets punished for something on my record from 20 years ago.”

Secondly, Buck wishes to participate in a hunting trip with his five sons, Wallace Buck Jr. “J.R.”, Chris Butterfield, Virgil Gardner, Timothy Gardner, and Jordan Buck.

According to Buck, he has had to decline such trips in the past due to his firearm status and expressed a deep desire to join his children for what he fears may be his last opportunity due to his deteriorating health.

“I have physical problems and doctors believe I will be in a wheelchair next year. It may be the last opportunity to spend time with them,” Buck stated.

Buck’s addendum also highlights his frustration in locating an attorney, per recommendation from Barkdull.

“I have taken your suggestion and contacted 2 attorneys I trust, Norman Brock and Steavan Mathews. Both are retired and not taking on new cases,” he writes in the letter.

Buck states that other attorneys asked for $2,000 up front.

“Heck, that’s a months income that keeps my family alive,” he said.

In addition, Buck states the issue now stems from Pawn One in Airway Heights, which mistakenly recorded his ID number instead of his wife’s.

Buck insists that this error is central to the problem and argues that it is unfair for his wife to suffer due to a mistake made by the pawn shop.

“Just because Pawn One made a mistake in taking my ID and not hers, she needs to be made whole,” Buck said. “It’s just not right.”

Buck’s return to court next week will determine whether he will regain his firearm rights and whether his family’s difficulties will be resolved.

However, according to Buck, the urgent matter of returning an item to his wife, Pam, is the larger issue.

In the addendum, Buck writes to Barkdull, noting the last statement on his application saying something to the effect of “If my rights are restored in Washington, they will not be valid in other states.”

According to Buck in a letter to Barkdull, “Well, thats ok, I’m not going anywhere. The goal is to get Pam’s rifle back.”

Buck states the rifle is a family heirloom.

Buck was convicted on January 18, 2008, of nine counts of second-degree unlawful possession of firearms.

He was found guilty of unlawfully possessing several firearms, including a Marlin 45 Auto Rifle, a Pardner model SB1 410 Gauge 3’ Full, a Savage model 11oe 20-60, a Marlin .22 Model CC550, a Mossberg 590 12 Gauge, two AK-47s, another AK and a Jennings J22 .22 Pistol.

Court records show that Buck was found not-guilty of the second-degree unlawful possession charge involving a 9mm MFG Germany with a Magazine.

On January 3, 2008, the testimony provided by Lincoln County Sheriff’s Deputy Andrew Manke detailed a report of stolen firearms from Buck’s residence on Forest Road.

According to court documents, Deputy Manke interviewed Buck, who was asked whether he had recorded the serial numbers of the two firearms taken from his home.

Buck responded, “Of the whole page of firearms serial numbers I have written down, the AR-15 and Tech-9 are the only two I have not recorded.”