County Messin' with a gun shop/buyers

[livewire98801]

Here's the law:

RCW 9.41.290
State preemption.


The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

And RCW 9.41.300:

That's what I was looking for. So the short answer is yes, preemption includes what's happening here.

I still think the best bet is to go talk to the Sheriff personally, buy him a cup of coffee.

 

[TCOV]

Sorry I didn't see the Washington part in the op unless there has been an edit. I assumed he was talking about WA but it made no sense unless the sheriff is exceeding his authority. It appears he is. The dealer would not lose his ffl by challenging unless the sheriff is just plain corrupt.

 

[livewire98801]

Sorry I didn't see the Washington part in the op unless there has been an edit. I assumed he was talking about WA but it made no sense unless the sheriff is exceeding his authority. It appears he is. The dealer would not lose his ffl by challenging unless the sheriff is just plain corrupt.

I'm even more curious about how he's accomplishing it...

 

[One-Eyed Ross]

I'm even more curious about how he's accomplishing it...

In some rural counties, things get done that you wouldn't imagine...

A local sheriff in one county in SW WA had a runaway teenage girl living in his back yard with his son, knowing her parents had filed a missing person report... He got re-elected. Who was it that said "all politics is local?"

 

[joeroket]

Cmon guys, it is in the RCW's that require the Sheriff to check DSHS.

9.41.090 deals with dealer delivery. Pistols are required to have the Wa. State pistol form filled out and it is sent to the chief or sheriff. They then do a background check and can put a hold on the delivery of up to thirty days under certain circumstances.

(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:


(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

(b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic database and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

 

[deen_ad]

Cmon guys, it is in the RCW's that require the Sheriff to check DSHS.

9.41.090 deals with dealer delivery. Pistols are required to have the Wa. State pistol form filled out and it is sent to the chief or sheriff. They then do a background check and can put a hold on the delivery of up to thirty days under certain circumstances.

(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:


(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

(b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic database and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

Well, I'll be darned! Guess I'm not too old to learn something new!

But does the Federal privacy law pertaining to health records trump state law?

 

[TCOV]

So there you go. The DSHS electronic database the sheriff checks is for those who have been found "not guilty by reason of insanity" and they are prohibited from possessing firearms. Not a fishing expedition. The dealer misspoke when he said the sheriff was looking for mental evaluations and probably doesn't know the law, as I didn't and my favorite ffl who I asked about didn't know the law either. Thank you joeroket.

 

[kenno]

The NRA is the only Org. with the money to fight this

 

[joeroket]

Since Federal Law prohibits the sale of a firearm to certain persons with a history of mental illness, basically an involuntary committal of 14 days or greater, the submissions to the system only show that the people in this category have a dis-qualifier. It does not show what specifics they suffer from it is not impacted by the medical privacy laws. The statutes also request that states submit the disqualified individuals to the FBI for inclusion in NICS but it is not a requirement. I believe there are only 32 or so states that submit the info.

 

[deen_ad]

So there you go. The DSHS electronic database the sheriff checks is for those who have been found "not guilty by reason of insanity" and they are prohibited from possessing firearms. Not a fishing expedition. The dealer misspoke when he said the sheriff was looking for mental evaluations and probably doesn't know the law, as I didn't and my favorite ffl who I asked about didn't know the law either. Thank you joeroket.

Or have been involuntarily committed to a mental institution which also makes them ineligible.

 

[mjbskwim]

Cmon guys, it is in the RCW's that require the Sheriff to check DSHS.

9.41.090 deals with dealer delivery. Pistols are required to have the Wa. State pistol form filled out and it is sent to the chief or sheriff. They then do a background check and can put a hold on the delivery of up to thirty days under certain circumstances.

(1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:


(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

(b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic database and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

Thank you Sir for setting us straight.I see now and kinda like it.Hey if you were insane,you just may still be insane.

 

[One-Eyed Ross]

For some silly reason I thought WA was one of the states that submitted that data to NICS. If not, the requirement to check the DSHS register would accomplish the same thing as the federal mandate, so no harm...

I was under the impression, from the OP, that the sheriff was just calling up DSHS and talking to staff there "Say, you know Joe Doe? Got anything on him?" kind of thing... Checking a data base, however, is well within what should be done...

 

[mjbskwim]

For some silly reason I thought WA was one of the states that submitted that data to NICS. If not, the requirement to check the DSHS register would accomplish the same thing as the federal mandate, so no harm...

I was under the impression, from the OP, that the sheriff was just calling up DSHS and talking to staff there "Say, you know Joe Doe? Got anything on him?" kind of thing... Checking a data base, however, is well within what should be done...

Well you know how conversations with gun shop owners go,very sparatic at best.So we didn't get to go over all the details.
But we did get an answer on here
And thanks for the responses

 

[derrickrf]

Something I found humorous when applying a few years ago to Multnomah County for out of state carry permit. They had a requirement that a letter from the Wa state health commissioner that attested to your mental competency come with your application to carry a gun. Go figure! They don't do that anymore.

 

[Stomper]

Something I found humorous when applying a few years ago to Multnomah County for out of state carry permit. They had a requirement that a letter from the Wa state health commissioner that attested to your mental competency come with your application to carry a gun. Go figure! They don't do that anymore.

Well yeah... just look at the loons running the joint now, that ought to tell you something!