Washington I-1639 / More info

[rdb241]

So I'm in Oregon . for some reason most firearms I want to buy are in Washington. Can a Washington privet seller still bring the firearm to Oregon to sell to me ?

Rifle or shotgun only.

 

[rdb241]

I got one for you. If you buy a Single shot or Bolt action AR-15 this crap does not apply correct? Yes there is such a thing. If you then put a semi auto upper on it how would this work?

This is what the British came up with.

 

[Boss]

See 9.41.113(4)(f). No dealer background check is required for a return of a gun from a licensed gunsmith to the owner from whom the gunsmith received the gun. There may be other provisions in 1639 I haven't read yet that would affect this, but I don't see where a gunsmith (FFL gunsmith) return goes through the dealer at all. I-594 does not require it and federal law does not require it. If anyone knows of a section that relates please speak up.

That might be for a local 'smith with a FTF exchange, but if 'Smith is out of state and they mail pistol to a local FFL for pick-up?

Hope you're correct and I'm off.

Boss

 

[User 1234]

That might be for a local 'smith with a FTF exchange, but if 'Smith is out of state and they mail pistol to a local FFL for pick-up?

Hope you're correct and I'm off.

Boss

Why wouldn't the out of state FFL gunsmith simply ship the repaired gun directly back to the owner as they do currently?

 

[Sporting Systems]

So I'm in Oregon . for some reason most firearms I want to buy are in Washington. Can a Washington privet seller still bring the firearm to Oregon to sell to me ?

No, it is illegal for a Washington resident, dealer, manufacturer or wholesaler to sell a semi auto rifle to a non resident of Washington. This is the crux of our legal challenge, restriction of interstate commerce.

 

[Sporting Systems]

Why wouldn't the out of state FFL gunsmith simply ship the repaired gun directly back to the owner as they do currently?

Correct, that's doesn't change. The ATF regards smithing or repair work as a conveyance and not a transfer. No check needed Unless the factory sends a replacement frame/gun with a new serial number.

 

[Boss]

I didn't think a firearm could be mailed/shipped to a non-FFL?

Boss

 

[User 1234]

I didn't think a firearm could be mailed/shipped to a non-FFL?

Boss

An FFL gunsmith/manufacturer can ship (UPS, FedEx) it directly back to the owner from whom they received it. Even California residents can receive their repaired firearms directly back from the FFL gunsmith.

 

[Boss]

An FFL gunsmith/manufacturer can ship (UPS, FedEx) it directly back to the owner from whom they received it. Even California residents can receive their repaired firearms directly back from the FFL gunsmith.

Cool, presuming you can be there for delivery.

Boss

 

[User 1234]

Cool, presuming you can be there for delivery.

Boss

If you cannot be there for delivery you tell FedEx to hold it for pickup at their warehouse.

 

[SUPER X]

No, it is illegal for a Washington resident, dealer, manufacturer or wholesaler to sell a semi auto rifle to a non resident of Washington. This is the crux of our legal challenge, restriction of interstate commerce.

O a guy can't put his firearm on gun broker and tranfer out of WA through ffl

 

[Sporting Systems]

O a guy can't put his firearm on gun broker and tranfer out of WA through ffl

not after July 1.

 

[SUPER X]

not after July 1.

Looks like they want to make criminals out of the law abiding . And let the criminals run loose with a get out of jail free card

 

[TCOV]

RCW 9.41.122
Out-of-state purchasing.
Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.
[2015 c 1 § 6 (Initiative Measure No. 594, approved November 4, 2014); 1970 ex.s. c 74 § 1. Formerly RCW 19.70.010.]
NOTES:
Finding—2015 c 1 (Initiative Measure No. 594): See note following RCW 9.41.010.
This RCW does not appear to have been modified by I1639. If you are not prohibited is says you may purchase out of state per federal law. RCW 9.41.122 is Washington law if it has not been modified and it would show that if it was. Under 21 would probably not qualify. all others should be ok. I was directed to this RCW by a Washington FFL.

 

[Boss]

Bottom line is 1639 is a train wreck and never should have been on the ballot to begin with, for both the signatures and not complying with the single topic requirement. Both of those alone should have been no-brainers a first-year law clerk court have argued.

Those that ramrodded it through are probably laughing as our side scrambles to deal with it.

Here's hoping Sporting Systems is able to beat this in the courts, for all our sakes.

Click here to support 1639 Legal Defense Fund organized by Daniel Mitchell

Boss

 

[IOM]

I was just told that we can only have ONE spare magazine for our CHL/CPL in our car after 7/1/2019. What?

 

[Sporting Systems]

RCW 9.41.122
Out-of-state purchasing.
Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.
[2015 c 1 § 6 (Initiative Measure No. 594, approved November 4, 2014); 1970 ex.s. c 74 § 1. Formerly RCW 19.70.010.]
NOTES:
Finding—2015 c 1 (Initiative Measure No. 594): See note following RCW 9.41.010.
This RCW does not appear to have been modified by I1639. If you are not prohibited is says you may purchase out of state per federal law. RCW 9.41.122 is Washington law if it has not been modified and it would show that if it was. Under 21 would probably not qualify. all others should be ok. I was directed to this RCW by a Washington FFL.

18 USC requires gun sellers to follow the laws of the state of residence of the purchaser. You can buy it out of state, but because WA LAW requires a local background check by LE, the seller must transfer to WA dealer for submission to the local agency, certification and all the other BS. You frame it yourself perfectly, under 21 probably not ok, so why then would any other laws be waived to purchase out of state? Its BS, all of it.

 

[TCOV]

18 USC requires gun sellers to follow the laws of the state of residence of the purchaser. You can buy it out of state, but because WA LAW requires a local background check by LE, the seller must transfer to WA dealer for submission to the local agency, certification and all the other BS. You frame it yourself perfectly, under 21 probably not ok, so why then would any other laws be waived to purchase out of state? Its BS, all of it.

The RCW is Washington law and allows non prohibited residents to purchase from another state FFL. If the RCW 9.41.122 did not exist then you would be correct but it does exist and does not show modification from I1639 which would be shown in the notes if it had been modified. The gun control mob either did not see it or considered it one to many topics for their initiative. If there are any out of state FFL on this site I would like to hear if they have had a letter from ATF on this as the FFL who discussed this with me thought there was a letter coming out. My local county sheriff has stated in a public interview that he believes a WA resident can purchase longarms from an out of state ffl.

 

[Sporting Systems]

The RCW is Washington law and allows non prohibited residents to purchase from another state FFL. If the RCW 9.41.122 did not exist then you would be correct but it does exist and does not show modification from I1639 which would be shown in the notes if it had been modified. The gun control mob either did not see it or considered it one to many topics for their initiative. If there are any out of state FFL on this site I would like to hear if they have had a letter from ATF on this as the FFL who discussed this with me thought there was a letter coming out. My local county sheriff has stated in a public interview that he believes a WA resident can purchase longarms from an out of state ffl.

We have to play by the same rules here...selling to out of state residents. Its federal law. Most police don't understand it at all. This isn't 1639, its federal law. Same as me selling to CA residents...I have to follow their rules.

 

[TCOV]

We have to play by the same rules here...selling to out of state residents. Its federal law. Most police don't understand it at all. This isn't 1639, its federal law. Same as me selling to CA residents...I have to follow their rules.

My last reply to you on this. The RCW 9.41.122 IS LAW in WA and allows a non prohibited resident to purchase out of state as long as no part of the transaction takes place in Washington. Read it. it is clear.

It has not been changed. We are not talking about others coming to WA to purchase. I don't disagree about leo knowing the laws.