Gifting my 18 YO son a handgun in Washington?

Discussion in 'Firearm Laws & Legal' started by wired, Dec 28, 2016.

  1. wired

    wired
    Yakima
    Well-Known Member

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    Ive got a 1911 that I want to give my son when he turns 18. I know its legal to do that in Washington but I'm wondering if its possible now that the goofy BGC law is in effect. To be legal we'd have to do it through a FFL Dealer on a 4473. Since federal requirements are that he be 21 is it even possible any more?
     
  2. TOVO

    TOVO
    SW WA.
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    I would highly recommend you call the Seattle ATF office and ask. I have found them to be very friendly and helpful. Last thing you want is your son to get in any trouble over your very nice gift. Just my two cents.
     
  3. bbbass

    bbbass
    La Grande
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    Washington BCG law didn't put in a family exemption like Oregon SB941 did?
     
  4. wired

    wired
    Yakima
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    Nope. Has to go through a dealer. Thats why I think that even though its technically legal its not possible any more.

    Edit...Oh wait. I'm wrong. Nevermind

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

    (1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
    (2) No person shall sell or transfer a firearm unless:
    (a) The person is a licensed dealer;
    (b) The purchaser or transferee is a licensed dealer; or
    (c) The requirements of subsection (3) of this section are met.
    (3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:
    (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.
    (b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.
    (c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
    (d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
    (e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.
    (4) This section does not apply to:
    (a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;
    (b) The sale or transfer of an antique firearm;
    (c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
    (i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
    (ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
    (d) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
    (e) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
    (f) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; or (v) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law; or
    (g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.
     
    Last edited: Dec 28, 2016
  5. mjbskwim

    mjbskwim
    Salmon,Idaho
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    I would delete the thread and.........
    Do what is right
     
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  6. wired

    wired
    Yakima
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    I found the answer and its legal so deleting the thread isnt necessary.
     
  7. DB Wesner

    DB Wesner
    Tacoma
    You need more cowbell. Silver Supporter

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    Appears 100% legal to me.
     
  8. WALawyer

    WALawyer
    Tacoma, WA
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    Yes, you can gift a firearm in WA to an immediate family member without a background check, but be aware of RCW 9.41.240:

     
  9. wired

    wired
    Yakima
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    Well that doesnt sound too handy. So he can own it but he can't go shoot it? Sounds like something Washington would do.
     
  10. Hawaiian

    Hawaiian
    Tigard Oregon
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    There might be a bright side to this. He has to go shooting with you. Good reason to spend some time together.
     
  11. wired

    wired
    Yakima
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    We do plenty of that. Kids a crack shot. Not as good a shot as the 11 yr. old but that kid is a mini me.
    The 17 YO is talking about going into the Air Force when he graduates so he won't be able to take it with him anyway. My oldest son did 4 years in and just finished his masters on the GI Bill. Didnt cost me or him a dime.
     
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  12. GunRightsCoalition

    GunRightsCoalition
    Vancouver
    Well-Known Member 2015 Volunteer 2016 Volunteer

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    yes, it can be gifted to your son and does not require a background check to do so. You could not sell it to him but you can gift it. As for where it is and is not legal to carry there is an exception that applies when going to and from outdoor activities that I believe would apply. I.E. He can take it out shooting.
     
  13. GunRightsCoalition

    GunRightsCoalition
    Vancouver
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    RCW 9.41.060
    Exceptions to restrictions on carrying firearms.
    (8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
     
  14. wired

    wired
    Yakima
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    That will work.
     
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