Washington Bringing gun to daughter from CA to Washington

[PeterM]

Hi all-

My daughter recently graduated from college and moved from CA for her first job in Seattle. I will be driving from CA to Seattle to visit, and would like to transfer a handgun to her that I had purchased many years ago expecting to give it to her when she turned 21 and moved out of the house.

Here is the question for those of you who may know about Washington State gun laws. I understand that transfers between family members don't require any paperwork or FFL involvement in Washington, but I am unsure whether this exception applies if the current owner (me) is a CA resident and the new owner (daughter) is a Washington resident. Anybody know the answer?

Thanks in advance for any advice.

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[wired]

Yeah, You can take it to a dealer in Washington who can transfer it to her.

That is the only legal answer. The not legal answers will be along soon.

 

[titsonritz]

It's a good thing you gave it to her on her 21st birthday.

 

[Knobgoblin]

A person owns what they own.
States have no right to know what that may or may not be.
If a firearm is not reported as stolen, it shouldn't "flag " as anything if it's serial number is "run " by law enforcement.

I'm not a lawyer, just a father.

 

[gryghin]

As if the Carolinian has the answers...

As a Low Country raised transplant to the PNW for the past 25 years....

Here's the link. Check out section (4) a)...family members

"
(4) This section does not apply to:
(a) A transfer between immediate family members..."

RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.

Fine print: These views do not represent legal counsel nor does it offer legal protection if followed. These views are strictly the Google-Fu of a High Tech Engineer.

 

[Kyrsen]

RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.

Looks like subsection 4 (a) but I'd read the whole thing fir good measure, if it were me...

 

[gmerkt]

Legally, I believe Federal law dictates how this goes. It's against the law for a non-FFL licensee to transfer a handgun as a non-resident in another state. And WA state says such transfers must be in accordance with Federal law. Which means the transfer must go through an FFL dealer.

If you bought that handgun from a dealer in CA, it can always track back to you. Whether you do a legal transfer in WA or not. But so long as you have done the legal transfer here, that won't be a problem. Nobody can cast aspersions about how the gun got to WA.

If taken to an FFL in WA to do the transfer, it should qualify as a private transfer. Meaning, no state sales tax due. But I can see some dealer giving you an argument because of your CA residency. Maybe. Or they might say obtaining it from an out of state resident is the same as buying it online and having it shipped here, and therefore subject to tax. I'd like to know how that comes out.

I'm not an attorney.

 

[wired]

The problem is state residency not family ties.Not legal federally but neither is marijuana so...

 

[User 1234]

Must use an FFL dealer in the recipient's state of residence. Doing so otherwise is a federal felony which would mean a lifetime loss of gun rights for both if convicted.

 

[wired]

As if the Carolinian has the answers...

As a Low Country raised transplant to the PNW for the past 25 years....

Here's the link. Check out section (4) a)...family members

"
(4) This section does not apply to:
(a) A transfer between immediate family members..."

RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.

Fine print: These views do not represent legal counsel nor does it offer legal protection if followed. These views are strictly the Google-Fu of a High Tech Engineer.

That only applies to in state transfers between family members. FWIW its much easier for him to take it to a dealer in Washington and have that dealer transfer it to his daughter legally than it is to pretend like it was done in California. $25 and a 4473. No big deal. There's a whole separate paperwork trail in California that would need to be followed. Guns get stolen and detectives end up on your door step asking questions. Questions lead to answers and those lead to problems if the paperwork trail isn't right. Starting the 21 year old daughter out as a federal felon isn't the best plan of action when you live in states that are looking for reasons to punish people for "gun crimes" .


- 18 USC 922 (a)(3) and (a)(5)

BTW it's perfectly legal for an FFL to transfer a gun from an out of state walk in.

 

[PeterM]

Thanks everyone! I got my answer- will use a local FFL once I get to Seattle for the transfer to dear daughter.

 

[Don S]

Does you daughter still have a CA address? If so, do a relative to relative transfer and avoid the FFL issue. You could say you gifted it to her before she left komifornia. Sorry but the govt doesn't need to know everything

 

[wired]

Still forms to fill out in ca

 

[User 1234]

People have no idea how much California micromanages its subjects. And it isn't only guns.

 

[titsonritz]

People have no idea how much California micromanages its subjects. And it isn't only guns.

They were trying to put meters on private wells.

 

[308]

So much for pry this thing from my cold dead hands

 

[rfmjchp]

Once the transfer in Washington is done, when he returns to California, DOJ Firearms has a form that he can fill out removing the firearm from his California records. You fill out the form, have it notarized and mail it in. They will send you a confirming memorandum. Last year I had 2 handguns removed. A Walther PP purchased in 1973 and a S&W Mdl 15, 2 inch bought in 1977. Sold both in 1979. One to a Calif EDD Investigator and the other to my Army National Guard MP company commander. Before private sales without an FFL were legal..

 

[GrayGoose]

Once the transfer in Washington is done, when he returns to California, DOJ Firearms has a form that he can fill out removing the firearm from his California records. You fill out the form, have it notarized and mail it in. They will send you a confirming memorandum. Last year I had 2 handguns removed. A Walther PP purchased in 1973 and a S&W Mdl 15, 2 inch bought in 1977. Sold both in 1979. One to a Calif EDD Investigator and the other to my Army National Guard MP company commander. Before private sales without an FFL were legal..

It's easier just to move from Kalifornia to America.

 

[PeterM]

It's easier just to move from Kalifornia to America.

Only five more years or so until I can retire and leave this state, counting down the days.....