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Washington I-1639 / More info
- Thread Starter fredball
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Law Enforcement are not exempt either. They have to go through the same training if they buy a personal rifle after July 1st. It will be a sad day in Washington when this takes effect. First of all. I took my hunter's safety course 46 years ago. I was hunting on my own at 12 with my grandfather's 30/30. I have been around firearms my entire life. I even have some military training for the few years I was in the reserves. At my age, I am pretty well set in my ways. So I'll be damned if I will submit to a stupid state so-called training course just to satisfy a bunch of politcians. Which most of them are younger than I. I have made it this far in life with out some younger person telling me how to live and what they think is safe for society. These are the very same people that allow street level herion to be legal and homelessness a way if life. That's why I am buying like crazy now. I have made the decision that after July 1st, I am done buying in this state. I am dipping into my 401k to invest now. I am on such a roll that every transfer I go through gets delayed. Which is fine with me. I am averaging about 4-5 transfers a month for the last several months after this stupid bill was passed. It's a shame because it will put a lot of the small gun shops out of biz. So the State will loose those tax dollars as well. What happened to the days of going to high school and then go hunting after school with a rifle in your truck all day long?
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We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
Ronald Reagan
Ronald Reagan
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Tyranny is defined as that which is legal for the government but illegal for the citizenry.
Unknown
Unknown
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Dang, forgot about Law Enforcement! This is going to get stupid comical! Watch Seattle is Dying on YouTube and then tell me these people have any common sense!
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I wonder how long the cruise ship will be coming and sailing out of Seattle in future? Public peeing and pooping is quite common in Seattle these days. I am sure the tourists that fly up from other cities will be shocked too. Unless they are from California. 
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From: Kateri Candee
To: All ACCESS Users
Date: 4-25-2019
Subject: NICS and Background Checks
Hello
As many of you are aware come July 1st, 2019 a few things will change the way you process background checks for firearms.
The following are the changes:
1. All handgun purchases or transfers regardless if the person has a CPL or not will be going to the local jurisdiction to conduct the background check. The Federal Firearm Licensee's (FFL's) will not have the ability to run a NICS check on anything handgun related.
2. All Semi-Automatic Rifle (SAR's) checks are required to go to the locals for the background checks exactly like the handguns.
Because of these two changes new purpose codes are being added to the system so you can process these check. Please work with your technical personnel to add them to your systems if you process NICS checks.
ID 02 – Sale of a Long Gun
ID 05 – Pre-pawn of a Handgun (This is optional and not required to be done)
ID 06 – Pre-pawn of a Long gun (This is optional and not required to be done)
ID 07 – Pre-pawn of Other (Frame, Receiver, Etc.) (This is optional and not required to be done)
ID 09 – Redemption of a Handgun (Return of a handgun from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 10 – Redemption of a Long gun (Return of a Long gun from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 11 – Redemption of Other (Return of a Frame, Receiver, Etc. from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 25 – Rental of a Handgun (This is optional and not required of the facilities that rent handguns)
ID 26 – Rental of a Long gun (This is optional and not required of the facilities that rent long guns)
If you have any questions about the DOL form, please contact DOL.
If you have any questions about the processing taking place by the FFL's refer them to the ATF.
Rental of Firearms on-premises - ATF has previously held that the rental of firearms for use on a Federal firearms licensee's (FFL's) business premises is not considered to be a sale, disposition, or delivery of the firearms. For this reason, an ATF Form 4473 is not required to be completed and no NICS background check is required. The FFL also does not need to log the firearm out of the acquisition and disposition (A&D) record.
Other - The classification of "Other" has been on the ATF Form 4473 since August of 2008 as an option under Question 18 "Type of Firearm(s) to be transferred." The instructions on the ATF Form 4473 define "Other" to refer to frames, receivers, and other firearms that are not handguns or long guns. Further
clarification from the ATF regarding "Other" was they are firearms that cannot be transferred to anyone under 21 years of age and they cannot be transferred to persons residing in another state. They should be processed the same as handguns.
These purpose ID's were built back in 2009 for local jurisdictions to use.
ID 03 – Sale of Other
ID 24 – Return on Other
ID 29 – Private Sale of Other
ID 32 – Return to Seller Other
Testing – If you need to test please use - ID 13 – Test
If you have any questions please let us know
Kateri Candee
ACCESS & Collision Records Section Manager
Washington State Patrol
Criminal Records Division
Office: (360) 534-2103
VoIP: 16103
Pawn Shops.pdf
To: All ACCESS Users
Date: 4-25-2019
Subject: NICS and Background Checks
Hello
As many of you are aware come July 1st, 2019 a few things will change the way you process background checks for firearms.
The following are the changes:
1. All handgun purchases or transfers regardless if the person has a CPL or not will be going to the local jurisdiction to conduct the background check. The Federal Firearm Licensee's (FFL's) will not have the ability to run a NICS check on anything handgun related.
2. All Semi-Automatic Rifle (SAR's) checks are required to go to the locals for the background checks exactly like the handguns.
Because of these two changes new purpose codes are being added to the system so you can process these check. Please work with your technical personnel to add them to your systems if you process NICS checks.
ID 02 – Sale of a Long Gun
ID 05 – Pre-pawn of a Handgun (This is optional and not required to be done)
ID 06 – Pre-pawn of a Long gun (This is optional and not required to be done)
ID 07 – Pre-pawn of Other (Frame, Receiver, Etc.) (This is optional and not required to be done)
ID 09 – Redemption of a Handgun (Return of a handgun from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 10 – Redemption of a Long gun (Return of a Long gun from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 11 – Redemption of Other (Return of a Frame, Receiver, Etc. from pawn) – see attached Q and A from the Gun control Act of 1968 (GCA)
ID 25 – Rental of a Handgun (This is optional and not required of the facilities that rent handguns)
ID 26 – Rental of a Long gun (This is optional and not required of the facilities that rent long guns)
If you have any questions about the DOL form, please contact DOL.
If you have any questions about the processing taking place by the FFL's refer them to the ATF.
Rental of Firearms on-premises - ATF has previously held that the rental of firearms for use on a Federal firearms licensee's (FFL's) business premises is not considered to be a sale, disposition, or delivery of the firearms. For this reason, an ATF Form 4473 is not required to be completed and no NICS background check is required. The FFL also does not need to log the firearm out of the acquisition and disposition (A&D) record.
Other - The classification of "Other" has been on the ATF Form 4473 since August of 2008 as an option under Question 18 "Type of Firearm(s) to be transferred." The instructions on the ATF Form 4473 define "Other" to refer to frames, receivers, and other firearms that are not handguns or long guns. Further
clarification from the ATF regarding "Other" was they are firearms that cannot be transferred to anyone under 21 years of age and they cannot be transferred to persons residing in another state. They should be processed the same as handguns.
These purpose ID's were built back in 2009 for local jurisdictions to use.
ID 03 – Sale of Other
ID 24 – Return on Other
ID 29 – Private Sale of Other
ID 32 – Return to Seller Other
Testing – If you need to test please use - ID 13 – Test
If you have any questions please let us know
Kateri Candee
ACCESS & Collision Records Section Manager
Washington State Patrol
Criminal Records Division
Office: (360) 534-2103
VoIP: 16103
Pawn Shops.pdf
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- 1,306
From: Kevin Baird
To: All ACCESS Users
Date: 4-23-2019
Subject: NICS Changes vs. i1639 Changes
Good morning -
I want to clear up some misunderstandings about the changes in NICS processing versus new laws as a result of i1639.
NICS changes (nothing to do with i1639):
As you are aware there will be some upcoming changes to processing background checks for handgun purchases on July 1, 2019.
When the Brady Handgun Violence Prevention Act of 1993 (Brady Act) was implemented, states were given the opportunity to determine how they would participate nationally with the Brady-mandated background checks. The states were provided three options from which to select:
1) Full Point of Contact (POC) State – A state agency or agencies do all the firearm related background checks.
2) Partial POC State – A state agency or agencies, do some, but not all of the firearm related background checks, and NICS does the rest.
3) Non POC State – NICS conducts all the firearm related background checks.
Washington State has a Partial-POC status; therefore the NICS Section is not responsible for processing handgun-related or Concealed Pistol Licenses (CPL) related transactions occurring in the state of Washington.
Currently, background checks on all long gun purchases are conducted by Federal Firearms Licensees (FFLs) through E-Check while background checks on handgun purchases and CPLs are conducted by local law enforcement. However, if a person has a current CPL, the FFL is allowed to release the firearm to the purchaser before getting the local background check results back (relying solely on the E-Check response).
Beginning July 1, 2019, NICS will no longer extend the courtesy of completing a NICS check via telephone or electronically using E-Check for those purchasers with a CPL. Local law enforcement will be responsible for both the NICS checks and additional background checks for all handgun purchases, whether or not the purchaser possesses a CPL.
Washington State had no choice in this decision by FBI NICS, but we were able to get obtain nearly a year extension before its implementation to try to mitigate some of the impact on you all.
I1639:
On July 1, 2019 the remainder of the laws enacted by i1639 (making changes and additions to RCW 9.41) take effect. This includes a new firearm definition in 9.41.010, Semi-Automatic Assault Rifle (SAR):
(25) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
"Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
This definition basically applies to all auto-loading rifles, regardless of caliber or additional accessories like a muzzle break, flash suppressor, or pistol grip handle normally associated with an "assault type rifle".
Along with the new definition, is a requirement that all SARs be treated the same as a handgun purchase as it relates to background checks. Meaning, instead of the FFL submitting via E-Check as they do for all other rifles and shotguns, they will send the paperwork to the local LEA to conduct the background check before releasing the firearm to the purchaser.
The Washington State Attorney General's office has an FAQ that contains many answers to your questions: Initiative 1639 | Washington State
NICS vs. I1639
In conclusion, the change in NICS and the implementation of i1639, have nothing to do with each other than they both deal with firearms. The date of July 1, 2019 for implementation, was simply a coincidence that lead to confusion amongst the public and law enforcement agencies.
Thank you,
Kevin
Kevin L. Baird
Information Security Officer
CRD – ACCESS Section
Phone: (360) 534-2161 | VoIP: 16161
Email: [email protected]
ACCESS Home Page
Washington State Patrol – "Service with Humility"
To: All ACCESS Users
Date: 4-23-2019
Subject: NICS Changes vs. i1639 Changes
Good morning -
I want to clear up some misunderstandings about the changes in NICS processing versus new laws as a result of i1639.
NICS changes (nothing to do with i1639):
As you are aware there will be some upcoming changes to processing background checks for handgun purchases on July 1, 2019.
When the Brady Handgun Violence Prevention Act of 1993 (Brady Act) was implemented, states were given the opportunity to determine how they would participate nationally with the Brady-mandated background checks. The states were provided three options from which to select:
1) Full Point of Contact (POC) State – A state agency or agencies do all the firearm related background checks.
2) Partial POC State – A state agency or agencies, do some, but not all of the firearm related background checks, and NICS does the rest.
3) Non POC State – NICS conducts all the firearm related background checks.
Washington State has a Partial-POC status; therefore the NICS Section is not responsible for processing handgun-related or Concealed Pistol Licenses (CPL) related transactions occurring in the state of Washington.
Currently, background checks on all long gun purchases are conducted by Federal Firearms Licensees (FFLs) through E-Check while background checks on handgun purchases and CPLs are conducted by local law enforcement. However, if a person has a current CPL, the FFL is allowed to release the firearm to the purchaser before getting the local background check results back (relying solely on the E-Check response).
Beginning July 1, 2019, NICS will no longer extend the courtesy of completing a NICS check via telephone or electronically using E-Check for those purchasers with a CPL. Local law enforcement will be responsible for both the NICS checks and additional background checks for all handgun purchases, whether or not the purchaser possesses a CPL.
Washington State had no choice in this decision by FBI NICS, but we were able to get obtain nearly a year extension before its implementation to try to mitigate some of the impact on you all.
I1639:
On July 1, 2019 the remainder of the laws enacted by i1639 (making changes and additions to RCW 9.41) take effect. This includes a new firearm definition in 9.41.010, Semi-Automatic Assault Rifle (SAR):
(25) "Semiautomatic assault rifle" means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
"Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.
This definition basically applies to all auto-loading rifles, regardless of caliber or additional accessories like a muzzle break, flash suppressor, or pistol grip handle normally associated with an "assault type rifle".
Along with the new definition, is a requirement that all SARs be treated the same as a handgun purchase as it relates to background checks. Meaning, instead of the FFL submitting via E-Check as they do for all other rifles and shotguns, they will send the paperwork to the local LEA to conduct the background check before releasing the firearm to the purchaser.
The Washington State Attorney General's office has an FAQ that contains many answers to your questions: Initiative 1639 | Washington State
NICS vs. I1639
In conclusion, the change in NICS and the implementation of i1639, have nothing to do with each other than they both deal with firearms. The date of July 1, 2019 for implementation, was simply a coincidence that lead to confusion amongst the public and law enforcement agencies.
Thank you,
Kevin
Kevin L. Baird
Information Security Officer
CRD – ACCESS Section
Phone: (360) 534-2161 | VoIP: 16161
Email: [email protected]
ACCESS Home Page
Washington State Patrol – "Service with Humility"
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From: Kateri Candee
To: All TACs
Date: 2-11-2019
Subject: Voluntary Waiver of Firearms Rights
Voluntary Waiver of Firearms Rights: This legislation was implemented January 1, 2019
RCW 9.41.350 and 9.41.352 establishes a voluntary waiver of firearms rights program. A person may file a voluntary waiver of firearm rights with the clerk of the court in any county in Washington State (see attached). The person filing the form may provide an alternate person to be contacted if a voluntary waiver of firearm rights is revoked. By the end of each business day, the clerk of the court will send via United States Postal Service (USPS) the singed form to the Washington State Patrol (WSP) ACCESS Section. Once the WSP ACCESS Section receives the form we will enter the information into the Washington Crime Information Center (WACIC) Person of Interest File as a Voluntary Waiver of Firearms Rights. The RCW states that the entry will go into the NICS Indices, the WSP ACCESS Section will conduct this entry also. The RCW states there has to be a Revocation of Voluntary Waiver of Firearm Rights form (see attached). This form allows the person to no sooner than seven calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights in the same county where the voluntary waiver of firearm rights was filed. By the end of each business day, the clerk of the court will send via USPS the signed form to the Washington State Patrol. This is how they are removed from WACIC and the NICS Indices.
If the subject calls wanting to submit one of these forms or to be removed from the system they must go to the county court clerk's office to submit the proper paperwork. Once they do that the clerk's office will notify the WSP ACCESS Section via USPS.
For those of you processing NICS checks you must deny the subject if you receive this hit from the Person of Interest File or the NICS Indices. If the subject wants to appeal they must go to the court to fill out the revocation form to be removed from the system. A hit alone does not give probably cause to arrest a subject if they are in possession of a gun.
If there are other questions you are getting let us know and we can help.
Thank you
Kateri Candee
ACCESS & Collision Records Section Manager
Washington State Patrol
Criminal Records Division
(360) 534-2103
Voluntary Waiver of Firearm Rights.pdfRevocation of Voluntary Waiver of
To: All TACs
Date: 2-11-2019
Subject: Voluntary Waiver of Firearms Rights
Voluntary Waiver of Firearms Rights: This legislation was implemented January 1, 2019
RCW 9.41.350 and 9.41.352 establishes a voluntary waiver of firearms rights program. A person may file a voluntary waiver of firearm rights with the clerk of the court in any county in Washington State (see attached). The person filing the form may provide an alternate person to be contacted if a voluntary waiver of firearm rights is revoked. By the end of each business day, the clerk of the court will send via United States Postal Service (USPS) the singed form to the Washington State Patrol (WSP) ACCESS Section. Once the WSP ACCESS Section receives the form we will enter the information into the Washington Crime Information Center (WACIC) Person of Interest File as a Voluntary Waiver of Firearms Rights. The RCW states that the entry will go into the NICS Indices, the WSP ACCESS Section will conduct this entry also. The RCW states there has to be a Revocation of Voluntary Waiver of Firearm Rights form (see attached). This form allows the person to no sooner than seven calendar days after filing a voluntary waiver of firearm rights, the person may file a revocation of the voluntary waiver of firearm rights in the same county where the voluntary waiver of firearm rights was filed. By the end of each business day, the clerk of the court will send via USPS the signed form to the Washington State Patrol. This is how they are removed from WACIC and the NICS Indices.
If the subject calls wanting to submit one of these forms or to be removed from the system they must go to the county court clerk's office to submit the proper paperwork. Once they do that the clerk's office will notify the WSP ACCESS Section via USPS.
For those of you processing NICS checks you must deny the subject if you receive this hit from the Person of Interest File or the NICS Indices. If the subject wants to appeal they must go to the court to fill out the revocation form to be removed from the system. A hit alone does not give probably cause to arrest a subject if they are in possession of a gun.
If there are other questions you are getting let us know and we can help.
Thank you
Kateri Candee
ACCESS & Collision Records Section Manager
Washington State Patrol
Criminal Records Division
(360) 534-2103
Voluntary Waiver of Firearm Rights.pdfRevocation of Voluntary Waiver of
- Messages
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Wow, so my 10-.22 is now an assault rifle as is my Browning BAR in .300 WM....even though neither one is black! I can't wait for the "assault pistol" law to take affect!
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It's another degree in the "boil the frog" agenda.
'Look how many reasonable people have waived their right to own or possess firearms. You should follow their lead toward making this country gun free and safer for the children.'
I can see it already.
It's the ultimate virtue signal.
I see libtards doing this left and right.
"Look at me! I don't want to ever own a gun and I publicly renounce my rights because I am a good person!"
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Did you miss the November election? Any semi auto rifle is an assault weapon and pistols are next in line. CPL requirements are the next major target.
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Oh no, I didn't miss it, LOL....that was pure sarcasm! I can now hunt elk with an assault rifle!
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whew...
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You can right now. Just not with a .223 caliber bullet. You hunt with a 30 round mag if you want.
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Again, pure sarcasm, LOL...I never hunted with more than 3 rounds in my very glossy Browning BAR.
Which is now considered an assault rifle. And as far as the 10-.22 goes, just wait till the media starts writing we're training our kids with assault rifles at such an early age! "The radical right is quietly building a militia army of children in Washington state by teaching the kids to use assault rifles with 30 round clips." (grammatical error on purpose!)
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I have never had to use more than 3 rounds myself. But I have hunted with a 30 round mag just because I could. AK's make great brush guns and they have a .30 caliber bullet.
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