Washington I-1639 / More info

[quneur]

"SECTION. Sec. 15. A new section is added to chapter 9.41 RCW to read as follows: (1) Within twelve months of the effective date of this section, the department of licensing shall, in conjunction with the Washington state patrol and other state and local law enforcement agencies as necessary, develop a cost-effective and efficient process to: (a) Verify, on an annual or more frequent basis, that persons who acquired pistols or semiautomatic assault rifles pursuant to this chapter remain eligible to possess a firearm under state and federal law; and..." - From I-1639

The state system hasn't been setup yet. Yearly verification is dependent upon the state system. "Pursuant to this chapter remain eligible to possess a firearm," I assume would also include mental health information although it doesn't specifically mentions the RCW..

Below concerning the waiver.

"RCW 9.41.094
Waiver of confidentiality.
A signed application to purchase a pistol or semiautomatic assault rifle shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol or semiautomatic assault rifle to an inquiring court or law enforcement agency."

 

[quneur]

From a little research:

CPL requirements:
"(2)(a) The issuing authority shall conduct a check through the national instant criminal background check system, the Washington state patrol electronic database, the health care authority electronic database..."

Purchasing a pistol:
RCW 9.41.090
"1(a) The dealer is notified in writing by (i) the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol ..."

'(3)(a) ...the chief of police or sheriff, or the designee of either, shall check with the national instant criminal background check system... the Washington state patrol electronic database, the health care authority electronic database..."

"(b)...a dealer shall use the state system and national instant criminal background check system... to make criminal background checks of applicants to purchase firearms."

"(6)(a) At the time of applying for the purchase of a pistol or semiautomatic assault rifle, the purchaser shall sign in triplicate and deliver to the dealer an application..."

"(d) The chief of police of the municipality or the sheriff of the county, or the state ... shall retain or destroy applications ...in accordance with the requirements of 18 U.S.C. Sec. 922."
"18 U.S.C. Sec. 922 (t)(2)(c) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer."

RCW 9.41.114
"(2)(b) [Dealer] Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years."

No deletion of third copy of application; retained by state. SHB 2467 is the bill to create a state wide BGC system which includes pistols and MSRs. I-1639 did not specifically include the HIPPA waivers in this new system.

The requirements are different between a pistol vs MSR but after purchase are treated basically the same.

 

[Alexx1401]

From what I can tell WA lawmakers earn $48,731 per year for their part-time jobs in Olympia. I have no idea what motivates folks but unless a legislator is otherwise retired or unemployable that's not much to lose if you don't get rehired. I'm sure glad handing with the Gov etc is a fringe benefit but still, it's a lot of time spent for not much financial reward.

I do agree 100% though, if a big one or two were toppled, maybe they'd reconsider their inclination to drop the hammer. I recall something like this happened in Colorado when their legislature went off the rails.

Oh boy, where to start here. This too is why we have such a mess. So few pay any attention to what is going on. You may not like what you find but, look up what a US Congress person makes. Then look up what they are worth after doing the job for a while. It has NOTHING to do with the salary. They have their own little multi millionaires club going. The way to join is to start out in State houses.

 

[rdb241]

What complete frickin BS! I'm sure everyone know's about this, but I did not. I go to pick up my new pistol that just came in and am told that your CWP basically don't mean squat now, as far as walking out the door with my purchase. So I'm supposed to wait 5-10 days for the Battleground police to do they're thing, before I can get it. I'm just livid. I think they want to make buying a gun so frustrating, that you will just say F/%-# it. This is messed up. I hope, I can move out of this State someday. Argh.

Welcome to I-1639. The only way around that is to buy a stripped frame and transfer it as an "other" and not a complete gun. Then you are not subject to any I-1639 BS. I do this all the time even with rifles. There are 3 things that define a gun. Barrel, receiver and bolt. I have transfered barreled receivers with no other parts. I have found a few online and the seller will strip it down and send me the parts and the receiver to my FFL. No I-1639.

 

[flybynyt]

After a night's thought, I think I will go the 80% route. If someone would like to help me with my first one, I'm sure we could come up with an equitable trade. Preferably in Clark County.

I wish I was in a position to vote with my feet. We are losing our 2nd amendment God given right, by a thousand cuts.
Rant over.

 

[Diamondback]

80%, there are limits... you can't have anyone else do the tool operation for you. You CAN, however, be part of a "watch me then do what I do"... advice, get a plastic for your first 80%. They can be had for only about $20 if you shop around, so if you screw up--and be prepared for that distinct possibility on your first 1-2--you won't be out much and if you get a good lower first try that's just a bonus.

 

[Caveman Jim]

The pistol HIPA waiver would be for one time as there is only one background check for a pistol purchase. The HIPA waiver for a semiautomatic rifle purchase would be a lifetime waiver as law enforcement is required to do a new background check every year forever. Not even sure they stop if you die, the law doesn't say.

bubblegum that!!!! This needs overruled by the SCOTUS.

 

[rdb241]

After a night's thought, I think I will go the 80% route. If someone would like to help me with my first one, I'm sure we could come up with an equitable trade. Preferably in Clark County.

I wish I was in a position to vote with my feet. We are losing our 2nd amendment God given right, by a thousand cuts.
Rant over.

Libtard Jay Inslee signed that undetectable untraceable BS so we are no longer to "legally" make an 80%er. That went into effect last July 1st. What you do in your own garage is your own biz. Just be aware of the rules.

 

[User 1234]

Libtard Jay Inslee signed that undetectable untraceable BS so we are no longer to "legally" make an 80%er. That went into effect last July 1st. What you do in your own garage is your own biz. Just be aware of the rules.

Incorrect. You cannot make an 80% for a prohibited person. There -might- be a problem if the lower could not be detectable by airport screening equipment.

 

[rdb241]

Incorrect. You cannot make an 80% for a prohibited person. There -might- be a problem if the lower could not be detectable by airport screening equipment.

That was in place well before Inslee signed anything. Not only a prohibited person, but anybody. Look it up. We are no longer able to legally complete an 80% gun period. Turd Fergeson is behind it also. Airport screening is for undetectable guns. Untraceable is applied to 80% receivers.

 

[User 1234]

There are many threads on the 80% issue, I am not going to rehash it here. If someone believes it is illegal and doesn't want to make one, fine.

 

[quneur]

80% are legal but can not be sold as per below.

SUBSTITUTE HOUSE BILL 1739 [ Bill as passed ]

"Sec. 3. RCW 9.41.190 and 2018 c 7 s 3 are each amended to read as follows:
(1) Except as otherwise provided in this section, it is unlawful for any person to:
...
(d)Manufacture an untraceable firearm with the intent to sell [ emphisis added ] the untraceable firearm."

 

[quneur]

As to helping finishing a 80%:

"NEW SECTION.Sec. 2. (1) No person may knowingly or recklessly allow, facilitate, aid, or abet the manufacture or assembly of an undetectable firearm or untraceable firearm by a person who: (a) Is ineligible under state or federal law to possess a firearm; or (b) has signed a valid voluntary waiver of firearm rights that has not been revoked under RCW 9.41.350. For purposes of this provision, the failure to conduct a background check as provided in RCW 9.41.113 shall be prima facie evidence of recklessness."

My interpretation is you can't help if the person being helped is prohibited from owning a firearm.

 

[rdb241]

But ATF already says you can not help anybody in the production of an 80% receiver. The person making the receiver must do all the work. You can stand there and coach somebody but you can not physically help them. Prohibited or not. I can't ask my buddy who works with a CNC machine to finish my AR receiver. I have to do it.

 

[quneur]

ATF is federal. The snipet I posted is from I-1639 which is state.

 

[Diamondback]

ATF is federal. The snipet I posted is from I-1639 which is state.

And you have to go by the combined more restrictive elements of BOTH.

 

[rdb241]

If there is no state statue then Federal takes precedence.....

 

[G1GRANDEUR]

are lever action Henry's rifle considered as bolt action rifle?

so it can be purchased like normal semi auto shotgun / bolt action rifle?

 

[Alexx1401]

are lever action Henry's rifle considered as bolt action rifle?

so it can be purchased like normal semi auto shotgun / bolt action rifle?

Assuming you are talking WA and I-1639? Then yes, the new law that was supposed to be about AR and AK's was written so every semi auto was covered. So the lever is still just a plain old rifle for now. It's only semi autos that got all lumped together.

 

[American123]

Assuming you are talking WA and I-1639? Then yes, the new law that was supposed to be about AR and AK's was written so every semi auto was covered. So the lever is still just a plain old rifle for now. It's only semi autos that got all lumped together.

"supposed to be" Wink wink - I'm confident that law acts exactly as it was intended, and the people who voted for it, suck.