Washington Have any Oregon members here sold an AR Lower to a WA resident since I-1639 laws took effect?

[GunSmoke]

LGS rumors are often not accurate. My understanding is that except for pistols and SAARs the instant NICS check will continue. SportingSystems might know the latest on the state's effort to build a process to transfer "others."

Nobody hopes I'm wrong more than me!

 

[arakboss]

Nobody hopes I'm wrong more than me!

If what you heard is right, then Washingtonians might have some shopping they'll want to do before July.

 

[arakboss]

Also found this regarding transfer of "Other" firearms:

Processing of "other" transfers:In recent weeks, many Washington personnel, including Washington FFLs,have requested additional information regarding "other" firearm transfers for NICS purposes. The NICS Section would like to provide the following information regarding "other" transfers to help alleviate any confusion."Other" includesframes and receivers, and the Bureau of Alcohol, Tobacco, Firearms and Explosives(ATF) provided guidance that "other" shall not be transferred across state lines or to persons under the age of 21.As such, "other" transfers must be processed similar tohandguns for the purpose of a Brady-mandated background check."Other" was addedto the ATFForm 4473 in 2008, and in 2009 the NICS was modified to accommodate NICS checks for transfers meeting the federal definition of "other." In 2009, Washington updated their LEA's systems to include the "other" transaction codes for use when conducting NICS checks for "other" transfers when the transferee did not have a valid CPL.However, it appearsas if the Washington FFLs were not advised to contact the Washington LEAs in these instances. Therefore, the process of contacting the Washington LEAs for "other" transferswas a new concept for Washington FFLs, Washington LEAs, and other Washington agencies.As stated above, Washington's role as a "Partial POC" requires the state to be responsible for processing handgun and "other" transfers occurring at FFLs within their state. However, the NICS Section has elected to delay enforcing this requirement and will postpone the transition of "other"-related transfer processing from the NICS Section to the Washington LEAs. Collaboration between the NICS Section, the WSP, the DoL, and the Washington Association of Sheriffs and Police Chiefs has identified many concerns prompting this decision. Those concerns include: the lack of clear direction for Washington FFLs and Washington LEAs regarding the processing of "other" transfers, the lack of an established form/method to provide LEAs with the "other" transferees'descriptors, and confusion on if the

Washington LEAs have the authority—based on state statute—to conduct any background check (the NICS check or the state check) for "other" transfers, etc. In the interest of public safety, the NICS Section will continue to process the NICS checks for "other"transfers occurring at Washington FFLs, and the Washington FFLs will continue to access the NICS E-Check or contact the NICS NCCCto initiate the NICS check. The delayof the "other" NICS check transitionis postponed until July 1, 2020,to allow for possible changesin state statute to removethe concerns and shortcomings listed above. FFLs needing further clarification on what falls within the category of "other" should contact their local ATF.Please note, the ATF will not answer questions pertaining to the processof conducting NICS checks for "other" transactions, but will assist with determining what falls in the "other" category.

Source: https://waspc.memberclicks.net/assets/Firearms/6-21-19 Notice to FFLs WA.pdf

 

[Sporting Systems]

You can only take delivery of a frame, receiver or "other in your state of residence. Federal law. No change.

you can buy and take delivery of a bolt, lever, pump action, or shotgun. Federal law.

Federal law requires deliver to follow the laws of the buyers state of residence. Thus, an Oregon dealer is required under federal law to follow thelaws of washington. Many are. Many more are not. People have been arguing with me over 18 USC 922, and argue away. I'm literally, in Federal court right now and this fact is part of the case. its not an opinion but a fact, a fact the both our legal team and the states legal team are using in the case.

July 12020 there is a big problem the state has yet to attempt to resolve. That's is how we do background checks on items other than a handgun or semi auto rifle. This is an issue the state needs to fix and then WSP (who is the primary interface between the state and the FBI NICS systems) need to resolve with FBI. The extension last year, prevented the emergency shut off of lower sales. The state knows this is coming and has yet to address it. I don't think the state really cares, it impairs our rights and the state is pretty determined to continue that path until forced by the courts, and voters to stop messing with our firearm rights.

 

[arakboss]

You can only take delivery of a frame, receiver or "other in your state of residence. Federal law. No change.

you can buy and take delivery of a bolt, lever, pump action, or shotgun. Federal law.

Federal law requires deliver to follow the laws of the buyers state of residence. Thus, an Oregon dealer is required under federal law to follow thelaws of washington. Many are. Many more are not. People have been arguing with me over 18 USC 922, and argue away. I'm literally, in Federal court right now and this fact is part of the case. its not an opinion but a fact, a fact the both our legal team and the states legal team are using in the case.

July 12020 there is a big problem the state has yet to attempt to resolve. That's is how we do background checks on items other than a handgun or semi auto rifle. This is an issue the state needs to fix and then WSP (who is the primary interface between the state and the FBI NICS systems) need to resolve with FBI. The extension last year, prevented the emergency shut off of lower sales. The state knows this is coming and has yet to address it. I don't think the state really cares, it impairs our rights and the state is pretty determined to continue that path until forced by the courts, and voters to stop messing with our firearm rights.

Wow, thanks for sharing.

So if the State does nothing before July 1st lower receiver transfers would end in WA?

Could WA FFLs transfer "other" firearms after three day wait period was up if NICS refused to perform background check?

This July 2020 change shouldn't have any impact on non-semiauto long guns, correct?

 

[GunSmoke]

Wow, thanks for sharing.

So if the State does nothing before July 1st lower receiver transfers would end in WA?

Could WA FFLs transfer "other" firearms after three day wait period was up if NICS refused to perform background check?

This July 2020 change shouldn't have any impact on non-semiauto long guns, correct?

I'm obviously not an expert here but my basic understanding is that they would not end all together, but would be checked the same way our semi automatic rifle and handguns are now with much longer wait times. My last pistol purchase back in October took 5 weeks for the proceed to come back from my local law enforcement.

 

[User 1234]

Find a LGS which releases on business day 11 if no express hold is issued.

 

[bikemutt]

I bought a stripped lower after I-1639 which required only a NICS check.

Is that how it sill works today? If so, does that come to an end July 1, 2020?

 

[Sporting Systems]

I bought a stripped lower after I-1639 which required only a NICS check.

Is that how it sill works today? If so, does that come to an end July 1, 2020?

Explained above

 

[bikemutt]

Got it, thx.

 

[arakboss]

I bought a stripped lower after I-1639 which required only a NICS check.

Is that how it sill works today? If so, does that come to an end July 1, 2020?

It sounds to me like NICS checks for lowers will be coming to an end July 1, 2020 unless the Feds give the State another extension. My suggestion for Washingtonians would be to buy now if you have any "Other" firearms you were thinking about purchasing and don't want to have to go through extended background checks.

Thank you @GunSmoke for raising awareness about this issue.

 

[awshoot]

... The state knows this is coming and has yet to address it. I don't think the state really cares, it impairs our rights and the state is pretty determined to continue that path until forced by the courts, and voters to stop messing with our firearm rights.

Yep. Nailed it.

 

[bikemutt]

It sounds to me like NICS checks for lowers will be coming to an end July 1, 2020 unless the Feds give the State another extension. My suggestion for Washingtonians would be to buy now if you have any "Other" firearms you were thinking about purchasing and don't want to have to go through extended background checks.

Thank you @GunSmoke for raising awareness about this issue.

Unless I'm misreading what Sporting Systems said, the July 1 deadline may mean something more sinister than enduring an extended BG check. If the feds decline to allow a NICS check for "other" firearms, and the state of WA does nothing to permit the transfer of "other" firearms, purchasing an "other" may become impossible.

 

[Sporting Systems]

Unless I'm misreading what Sporting Systems said, the July 1 deadline may mean something more sinister than enduring an extended BG check. If the feds decline to allow a NICS check for "other" firearms, and the state of WA does nothing to permit the transfer of "other" firearms, purchasing an "other" may become impossible.

Correct. There is no method (Form or systems) to communicate "other" items to LE for NICS check. We can't send 4473s to agencies, plenty of folks speculate that's what we'll do...not allowed under federal law.

 

[bikemutt]

Guess I'll be getting off my "other" butt sooner rather than later.

 

[arakboss]

Unless I'm misreading what Sporting Systems said, the July 1 deadline may mean something more sinister than enduring an extended BG check. If the feds decline to allow a NICS check for "other" firearms, and the state of WA does nothing to permit the transfer of "other" firearms, purchasing an "other" may become impossible.

You are right about that, I guess my suggestion would be more of a best case scenario but what you and sporting systems are suggesting is probably more likely. Either way if I was thinking about getting any type of "other" firearm transferred, I would make up my mind sooner rather than later.