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Could somebody explain the process please?

Discussion in 'Firearm Laws & Legal' started by 2beaucoup, Jan 25, 2016.

  1. 2beaucoup

    2beaucoup Kent, WA Member

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    Say I agree to meet a guy at a LGS to buy his used handgun. I have a Washington State CWP. Do I leave with the gun or is there a waiting period? Do I pay tax? to whom?
    It use to be so simple. Thanks
     
  2. slimer13

    slimer13 Deer Park Well-Known Member

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    Well the technically legal way these days, is go to an ffl, have them run a NICS check on the purchaser, pay the transfer fee, leave with gun with CPL and proceed. Taxes are up to the purchaser to pay to the state later.
     
    Brutus57 likes this.
  3. cmica

    cmica puy Active Member

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    do not comply

    nuff said
     
  4. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    The buyer and seller go to a ffl with the firearm and do a back ground check on the buyer who usually pays the fee. The seller retains possession of the firearm until the bgc clears. No taxes are involved as the law exempts private party sales from taxes. With a CPL there might not be any wait.
     
  5. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Do not buy a handgun from someone without a legal transfer unless you are positive it hasn't been sold through a ffl since the first week of December 2014 as it will be registered to the buyer and would be a problem if LE ran the serial and it came up someone besides who was in possession. Previous no records that matter but not legal.
     
    Last edited: Jan 25, 2016
    2beaucoup likes this.
  6. slimer13

    slimer13 Deer Park Well-Known Member

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    Actually the seller fills out a form, transfers possession to the ffl. The ffl then virtually owns the firearm and can then transfer possession to a buyer like normal with a proceed on a NICS check. The seller would not retain possession.

    And use tax absolutely is due just like if you bought a lawn mower on Craigslist, but pretty much ignored by everyone.

    http://dor.wa.gov/content/findtaxesandrates/usetax/
     
    2beaucoup likes this.
  7. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I remember the days when I was a free man in a free country :(
     
  8. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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  9. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    I have a print out of I 594. For a private party transfer the seller and buyer take the firearm to an agreed on ffl and the buyer fills out the NICS paperwork for the transfer. The ffl does NOT take possession of the firearm, the seller retains possession until the NICS transfer is approved. I 594 exempts private firearm sales from any taxes.
    These are the exact procedures my local pawn/gun shop abides by.
     
    Last edited: Jan 25, 2016
  10. slimer13

    slimer13 Deer Park Well-Known Member

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    You are correct on the seller retaining possession.

    (a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.


    I recently did an interstate transfer and the ffl held it because I am always delayed. I still cannot find anything in rcw 9 113 that exempts use tax.
     
  11. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    I 594 made changes to RCW941 that added a new section [10] to RCW82.08 "tax imposed by RCW82.08.020 does not apply to the sale or transfer of any firearms between two unlicensed persons if the unlicensed persons have complied with all background check requirements of chapter 9.41 RCW. Keep in mind that this also exempts private party online sales such as Gunbroker from taxes on private party sales. Of course online sales by ffl dealers still pay use tax.
     
  12. ArgentineSteel

    ArgentineSteel Vancouver, WA Active Member

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    I made the mistake of Moving to Vancouver from Oregon. Thought I understood the laws before but now don't know what's legal.
    Can I buy a gun at a ffl in Oregon? Or must it be shipped across some body of water first to a local ffl 5 miles north?
     
  13. ConcreteJungle

    ConcreteJungle Eugene Well-Known Member

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    if you're now a WA resident, you need to have it shipped across the river to an FFL, then have them conduct BGC in order to transfer it to you.
     
  14. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    I believe you can buy a long gun at Oregon ffl but handgun must be transferred at WA ffl as always.