Giving a pistol to a relative in Washington

[CountryGent]

So the answer is?

@slimer13 is correct. A resident of one state directly transferring a handgun to the resident of another would be a Federal offense under the Gun Control Act of 1968 (relevant section of said law here). The ATF FAQ the aforementioned member posted spells it out:

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee's State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

Family relationship, with respect to the Federal law, is irrelevant. You are, obviously, still among the living, so the language concerning a bequeathed firearm also does not apply. Based upon what has been said thus far, your daughter is not an FFL, and you and your daughter are not the resident of the same state. So you would need to transfer this handgun through an FFL in Washington to be in compliance with the law.

Best wishes.

 

[slimmer13]

If I'm understanding correctly, he still has to do it through an FFL but since it is a Federally regulated transaction, the Federal BG check which takes 30-60 minutes is all that is necessary and she wouldn't have to do the whole 10 day wait period? Is that how it would work?

Just the NICS check and a 4473. She shouldn't need the WA b.s. wait period or the second DOL form, but I'd imagine you'd have a hard time finding an FFL to run it that way. Most would just follow SOP.

 

[Hawaiian]

Wow, a lot of incorrect dangerous answers in this thread. CountryGent's post above is correct. Forget state law. Federal law requires an FFL transfer between residents of different states regardless of family relationship.

 

[DuneHopper]

To simplify it FTF family would only be allowed here in Oregon and if she lived here in Oregon, according to the provisions in SB941. However since she lives out of state it " legally " can not be gifted if she lived here it would be different.
From my understanding even before private sales and transfers became more regulated in the states a
person out of state would still need to do a transfer from here to there from/thru a FFL.
That is the way i read the laws to be and seems going back sometime its been that way.

 

[SIG34]

I don't share my guns so haven't run into this problem yet

 

[Lextruck]

I don't share my guns so haven't run into this problem yet

Why share when there's more out there to buy unless it has special meaning id just gift them the money to buy one they want. Obviously the above situation is a different story... As soon as my dad said the little baseball bat behind the front door wasn't enough for what's out there these days we took a trip to the gun store so I could get him a pistol. Maybe I'm just being greedy

 

[WALawyer]

slimer13 is right. Because this is an interstate transfer (due to residency; being physically in WA for visiting purposes does not change that), federal law applies to require the transfer go through an FFL.

I would add, though, that it's dangerous to say things like "state law is irrelevant." It is not irrelevant, it's just irrelevant in this particular context because it exempts gifts between immediate family members.

 

[eklarsen]

This law is pretty much irrelevant any way you slice it.
Remember the anti-gun preacher who admitted on national television that he gave an "assault weapon" he got from a drawing to a friend without doing the background check... police questioned him and said there was no evidence of a transfer and dropped the case. If confessing you did it to millions is not evidence I don't know what is.

 

[Guilty]

I have the same opinion as FireArm on this subject. It's your daughter, if she can legally own a gun (if she's not a felon), and you believe that she would be or already is a responsible gun owner, who's to say when you gifted the gun? Before or after ridiculous, regulatory laws were put in place by our leftist overlords? Good luck with anyone proving when you gave it to her. Ultimately, I would leave it to her to decide if she wants to go to a FFL to transfer ownership.

 

[slimmer13]

Good luck with anyone proving when you gave it to her.

It makes it a lot easier when you pose the question on an open forum. It sounds like the OP wanted to know the letter of the law (which everyone should IMO) and do everything by the book, which is fine too.

Honestly, the chances if ever getting charged with this is pretty low. This is probably on the bottom of the ATFs radar. I would imagine that this is usually an add on charge to another offense.

Another thing to keep in mind, loaning firearm temporarily is fine with no paperwork. The legal definition of what constitutes temporary is beyond me.