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Buying a handgun in WA through private sale? straw sale ?

Discussion in 'Legal & Political Archive' started by skagit360, Feb 8, 2011.

  1. skagit360

    skagit360 mount vernon, WA New Member

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    ALright i cant seem to find the right information on this subject, so i am looking into buying a handgun in WA state but im only 18 i have heard that you can buy one through a private sale but i have no idea if this is true. is it? secondly by private sale does that include new guns bieng sold through a private dealer or is this technically considered a straw sale
     
  2. hapuna

    hapuna Seattle, WA Member

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    Not sure but I think you are too young to legally make a purchase.
     
  3. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    In WA you CAN legally own a firearm including a handgun at 18. There is NO law that says you cant, but there are some rules that say what you can and cant do with it. You need to read though the RCW's, Chapter 9.41 RCW: Firearms and dangerous weapons Read them and reread them.

    By Federal law you can not buy a handgun till you are 21 so you can not buy one from an FFL. You can either buy one in a private sale or have one gifted to you.

    There is no such thing as a "private dealer", you either have an FFL or you don't. If the person is "engaged in the business of buying and selling firearms" they are required to have an FFL or are breaking Federal law. A straw sale is where someone pays for a firearm but has someone else go to the gun store and do the paperwork.
     
  4. hapuna

    hapuna Seattle, WA Member

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    I believe a straw sale is illegal.:paranoid:
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Yes they are. Where did I say otherwise?
     
  6. hapuna

    hapuna Seattle, WA Member

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    NWcid, I didn't see where you said one way or the other so just threw it out so the original poster understood that.
     
  7. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Fair enough. The way the OP made his statement it sounded like he new a straw was illegal but was not sure exactly what one was.
     
  8. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    You need to add that they must derive most of their income from the gun sales. If it's just a person selling or upgrading his collection then no FFL is required. In fact they CAN'T get an FFL since they aren't engaging in gun sales for their income.

    80 MILLION gun owners didn't shoot anyone today, a few criminals did!!

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    The "Feedback Score" is low by 4, not everyone posts it I guess.

    Deen
    NRA Benefactor/Recruiter
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  9. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I have never seen a requirement for profit = FFL. If that were the case a gun business that showed a loss would not need one. I would like to see a reference to your statements. Everything I have read simply said "engaged in the business" there was no talk of profits or percent of income or any income at all from it. All the stuff I have seen say that unless you are buying and selling from your "private" collection you need an FFL even it is was only 2 guns a year.

    With your above scenario if I had a business and made $100,000/year but $60,000 was accessories and $40,000 (40 guns at $1000) you wouldn't need an FFL. I just don't see that flying with the ATF.
     
  10. bcp

    bcp SW WA Member

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    From:
    Electronic Code of Federal Regulations:

    (c) Dealer in firearms other than a gunsmith or a pawnbroker. A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such a term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
     
  11. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    From the same link you posted,

    Dealer. Any person engaged in the business of selling firearms at wholesale or retail; any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker. The term shall include any person who engages in such business or occupation on a part-time basis.