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Can I give my uncle in WA a gun?

Discussion in 'Legal & Political Archive' started by user, Apr 9, 2014.

  1. user

    user Corvallis, OR Member

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    I built a sweet little 1911 for my uncle in WA. I'm an OR resident. Is it legal if I give it to him? What if my aunt makes me cookies?
     
  2. solv3nt

    solv3nt Portland Well-Known Member

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    Yes, if you go through an FFL in Washington.
     
  3. user

    user Corvallis, OR Member

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    But I'm going to have my aunt make me some cookies. Lol
     
  4. solv3nt

    solv3nt Portland Well-Known Member

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    Mmmmm.... Coooooookies.....
     
  5. solv3nt

    solv3nt Portland Well-Known Member

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    I believe that there's an FFL in Vancouver that will do the transfer fr $10. In Washington, the individual doesn't pay for the background check like Oregon, so it's much cheaper for transfers.
     
  6. user

    user Corvallis, OR Member

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    Is there a wait on pistols in WA?
     
  7. Cheby

    Cheby Portland, OR Active Member

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  8. BigStick

    BigStick Sherwood, OR Well-Known Member

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    I think it is 3 days (might be 5) unless you have your CPL, then you can walk out as soon as the background check and paperwork clear. You could check out the RCW, don't remember which section that is in: http://apps.leg.wa.gov/RCW/default.aspx?Cite=9.41

    You could loan it to him, long term with no FFL, but if it a permanent transfer you need to.
     
  9. BigStick

    BigStick Sherwood, OR Well-Known Member

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    And that use tax really pisses me off. Especially on second, third, fourth hand guns. They tax it every step of the way. Same with cars, it's really messed up. Another reason to fight tooth and nail against background checks and registrations, so they can't tax us more.
     
  10. user

    user Corvallis, OR Member

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    We both have our concealed he has CPL I have CHL.
    Because "pistol" is politically incorrect. Lol
    Thanks for the helps guy's!
     
  11. user

    user Corvallis, OR Member

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    Wow I just read that use tax. What BS!!! I'll make a bill of sale up for $0.01. That way WA can suck it. I'm not paying tax on a gun this expensive. image.jpg It's a Kimber Compact Custom. A series 70. 4" barrel, officer grip, steel frame. I've only seen one other for $1100. And it had so many rounds down is it needed a new barrel.
     
  12. user

    user Corvallis, OR Member

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    I really appreciate that info bigstick! If I went to transfer this and didn't have that bill of sale, it would be really awkward telling them I'm just going to let him borrow it until I put his old balls in a home! Lmao
     
  13. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Those cookies in WA, wouldn't contain a little green? You know, for your glaucoma or something?

    'Cause then you get into some interesting convolutions
     
  14. user

    user Corvallis, OR Member

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    Lol funny you say that! I do have cancer (I'm ok though, stem cell transplant) and still that thought had never crossed my mind. Even with all the crap I've dealt with I'm not into that sort of thing. D.A.R.E. worked for me, I'll pass on green cookies.
     
  15. Cheby

    Cheby Portland, OR Active Member

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    I am afraid the bill of sale can not be for $0.01:
    Quote:
    "If for whatever reason, the Washington dealer is ... unable to obtain the original purchase price, the current fair market value of the firearm should be used. (RCW 82.12.010) Current fair market values may be determined by the insured value, a recent appraisal, or a reliable resource such as a respected publisher of gun values. (Values are subject to audit verification.)"
     
  16. user

    user Corvallis, OR Member

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    o_O I should really have read that all the way through.
    I guess he can pay for the transfer.
    Does anyone know how much the tax is?
     
  17. Cheby

    Cheby Portland, OR Active Member

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    The use tax rate is the same as the sales tax rate as I understand
     
  18. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    If I understand correctly you built a gun for you uncle to use, right?

    https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

    Q: To whom may an unlicensed person transfer firearms under the GCA?
    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
     
  19. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Why not just loan the 1911 to your uncle?
    For indefinitely
    Perfectly legal
     
  20. FourTeeFive

    FourTeeFive PNW Washington State Active Member

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    Delete