Make it if you can.
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The parts bold /underlined are the ones I've yet to get an explanation from the WAGR for.Section 1. Why the law should be changed; background checks required for all transfers with some exceptions.
Section 2. Defines “gun” as a firearm, defines sale, licensed dealer, unlicensed person and transfer. A transfer would be defined as “the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans.”
Section 3. RCW 9.41 is amended to require background checks for any gun sale/transfer between unlicensed persons. The gun is brought to the dealer so that the buyer can fill out the forms normally required for a sale from the dealer’s inventory. If the buyer passes NICS, the transfer can take place, if not, then the transfer doesn’t take place. Dealer may charge a fee for the background check. No tax is collected by the dealer. The dealer is not required to perform the background check on demand of the buyer.
Section 3 does not apply to;
1) Bona fide gifts between family members such as spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles.
2) Antique firearms.
3) Temporary transfers to prevent imminent harm as long as the person is not prohibited by federal law.
4) Police and military on duty.
5) Transfer to and from a licensed gunsmith for repairs.
6) A temporary transfer is allowed;
a. Between spouses and domestic partners.
b. At established shooting ranges if the gun is kept at the range at all times.
c. At a competition or performance.
d. To a child for hunting, sporting or educational purposes.
e. While hunting.
f. Persons who inherit in accordance with state law.
Section 4. RCW 9.41 is amended to require that gun dealers do not transfer a gun to a person until the NICS is satisfactory or 10 to 60 (no WA ID) days have elapsed.
Section 5. Requires a dealer to comply with the requirements of section 4.
Section 6. Requires that any gun sale taking place in WA are subject to the required background checks.
Section 7. Non-residents are subject to the background checks when buying a gun in WA.
Section 8. The Department of Licensing may adopt rules to enforce this law.
Section 9. Violation of Section 3 is a gross misdemeanor, a 2nd offense is a class C felony. It is an affirmative defense that the transfer was an exception listed in sections 3 or 4.
Section 10. The tax imposed by RCW 82.08.020 does not apply.
Section 11. Taxes not collected for a private sale.
Section 12. If any section of this act is determined to be invalid, the rest shall remain valid.
One question I have is what is a temporary transfer? If I loan my best friend a rifle to go hunting is there paperwork and background checks involved or not?Here is a synopsis of I-594 and how it affects WA law if it passes. Please let me know if I made any mistakes. It is a good idea to print out the entire text of I-594 and read Sections 3 and 4 especially.
The parts bold /underlined are the ones I've yet to get an explanation from the WAGR for.
KOMO to host ‘Town Hall,’ activists announce pro-rights rallySeems biased already.
Page 6 of I-594 defines a transfer as;One question I have is what is a temporary transfer?
I would assume that a temporary transfer is something less than permanent. WAGR is not offering up any clues to what they think it means."Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans.
I guess it depends upon when it is loaned. I'd say if it was loaned a week prior to the hunt you're on thin ice. My guess is that they will leave it up to the courts to decide; in other words, wait for some poor schmuck to get arrested with his friend's rifle and see if the jury buys his " I borrowed it for hunting" defense.If I loan my best friend a rifle to go hunting is there paperwork and background checks involved or not?
The bill reads, "This section does not apply to...The temporary transfer of a firearm...If I loan my best friend a rifle to go hunting is there paperwork and background checks involved or not?
Well, there's a separate exemption section for kids under 18: "This section does not apply to...The temporary transfer of a firearm...to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control ofSo if I have my 12 year old grandson with me to shoot a 22. It is illegal....as at that age he has NO legal right to posses a firearm. (I was given my 1st gun at 12, a single shot 20ga).
I was given a bolt action .22 when I turned 10 years old. I had already been taught to shoot responsibly and had gone through the Hunter's Safety Course.So if I have my 12 year old grandson with me to shoot a 22. It is illegal....as at that age he has NO legal right to posses a firearm. (I was given my 1st gun at 12, a single shot 20ga). But we could open up a bunch of different catalogs, and just order a rifle or shotgun the same a a pair of Levi's, send a check, and it ended up on your front door.
Who is going to enforce these laws.....
In 10 or 20 years if it ever gets to the Supreme Court it will be fascinating how far they can stretch " the phrase "the right to keep and bear arms shall not be infringed upon!