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Is it legal to host a full auto machine gun shoot in WA state?

Discussion in 'Legal & Political Archive' started by sistersledge, Jul 24, 2011.

  1. sistersledge

    sistersledge spokane wa New Member

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    I am trying to find a definate answer, and I have looked at Washington State RCW 9.41.190, and is is some what unclear and interperted differently, can anyone help?
     
  2. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    RCW 9.41.190 (1) "It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun..."

    I'm not sure what is unclear about that statement....unless you mean the part about prior to 1994 ownership. I'm guessing that if you had enough of them that were purchased and owned prior to 9.41.190 becoming law, you could have a shoot, but be ready to PROVE that the proper paperwork is there and all...because I'm sure someone would show up to check...
     
  3. sistersledge

    sistersledge spokane wa New Member

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    Thank You One Eyed Ross That is what I thought!!!!
     
  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Only if the guns in question are in LEGAL possession under WA law.

    So the only way for it to happen it would be to have guns that were registered in WA before the 1994 law. And yes there are a fair number out there.

    The "fear" of having "someone" show up to check is NO different then any other LEGAL use of any other firearm in WA. I have been shooting Silencers in WA for over 5 years now and have never been "checked". I know lots of guys that shoot LEGAL WA MG and again without "fear". "Fear" of being checked and "Fear" of having to "prove" things usually comes from folks that have no first hand experience with the stuff.
     
  5. MarkAd

    MarkAd Port Orchard Well-Known Member

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    (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
     
  6. rdb241

    rdb241 Puyallup Washington Gold Supporter Gold Supporter

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    First off, there are 1,256 legally registered privately owned full auto guns in the state of Washington. Before September 6, 1996, if you were a member of the military. Whether it was full time or part time you could legally register a full auto for private ownership. I personally know of 4 different guys that have these guns and are grandfathered in so they can keep what they bought. They can never resell to anybody in this state. They must sell out of state. You can thank Senator Adam Smith for closing that door. As for a place to hold a match in Washington....well about the only place you can shoot full auto without getting in trouble, is federal property...ie, Joint Base Lewis McChord, Yakima Firing Center. State law does not apply on Federal property. I have shot full auto on Fort Lewis a couple of times as a private citizen right next to Senator Pam Roach. After the 911 BS, good luck on shooting anything on a Military base.........
     
  7. joeroket

    joeroket Everett,Wa. Active Member

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    And this means be prepared to be arrested/cited, have the firearm confiscated as evidence and wait for your day in court to show your affirmative defense. This statement does not give an exception to arrest only allows for a defense in court.

    I doubt an arrest would happen but it is still a possibility to keep in mind.
     
  8. rdb241

    rdb241 Puyallup Washington Gold Supporter Gold Supporter

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    I stand corrected....I could not remember that exact year but I was close. July 1, 1994 not September 6 1996.
     
  9. Abiqua

    Abiqua Oregon Active Member

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    As long as the LEO is knowledgeable of the specifics of the law or you can educate him/her on the spot, and have your ducks in a row, there shouldn't be a problem. Unless you are being a jerk, or the cop is.

    For example, silencer ownership is illegal in the state of Texas but following Federal law is an affirmative defense. Silencer owners with tax stamps are not routinely arrested in Texas and hauled into court to present their affirmative defense since LE knows that's what will happen.
     
  10. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    So your saying that everyone with NFA items and using them should be scared to take them out and use them? Why? What proof of this do you have? How often do you take your NFA items out?

    When you drive the speed limit are you " prepared to be arrested/cited, have the firearm "vehicle" confiscated as evidence and wait for your day in court to show your affirmative defense" to prove you were doing right? Why is this ANY different then legally using a LEGAL NFA item. The LEO has NO cause for arrest if you have a LEGAL NFA item. LEO can not "just arrest" you, they HAVE to have a state law to charge you with. IF you have a LEGAL NFA item what can they charge you with? If they arrest you with no charges then time to find a good lawyer who wants to make you and him a lot of money.
     
  11. joeroket

    joeroket Everett,Wa. Active Member

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    Scared? No. Concerned a tad bit? Possibly. What proof do I need to show? The RCW has already been cited. Apparently you do not know what an affirmative defense clause is.

    You analogy is seriously lacking. LEO can arrest you for a violation of .190. The law says it is unlawful but gives an affirmative defense exception. Note that I did state I don't think it likely but the possibility is there.
     
  12. joeroket

    joeroket Everett,Wa. Active Member

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    That's exactly why I said I doubt an arrest would happen but the possibility is still there.
     
  13. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Well I have NO concerns when I take my NFA stuff out because it is legal. Being legal they can not charge you with .190. As far as proof your Form 1, 3, or 4 would be the proof you need which should be with you/your NFA item(s) in the first place. Yes I know what and affirmative defense clause is. So if I am not doing anything illegal and get arrested/charged with something that is not illegal it is time to lawyer up and make some money from the LEO's dumbness.

    My analogy may be lacking but how come when people do any other legal thing they are not worried. When they are doing LEGAL NFA stuff all this worry, "confiscation of your stuff", going to court, ect always comes up? Legal is legal is and illegal is illegal no matter if it is driving or shooting or walking across the street. There is not one part where I should be worried that since I am legal someone might think it is illegal. The point was do you have to go to court to prove you were legal driving the legal speed limit? No, so why do I have to worry about it when being legal with my NFA stuff?
     
  14. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    The OP wasn't about one guy taking out a NFA item and using it. The OP was about hosting a MG shoot....and in THAT particular case, I'm guessing that there would be a lot of eyes watching...but that is just MY opinion...
     
  15. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I can not logically debate an opinion, but I can live with one.

    Still even at a shoot "event" if everything is legal and following state law, then it IS legal. Does it mean if me and some of my friends with NFA items get together and shoot that is worse? Did about 20 person shoot with about 15 NFA items (no MG though) and lots of other guns. On in a public shooting area. Fun was had by all and no problems or worries from us. Not sure about your area but all the places I have been to shoot the cops have more important things to worry about then some guys shooting guns unless there is some kind of complaint.
     
  16. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    Yes
     
  17. Ranb

    Ranb Belfair, WA Active Member

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    There have been machine gun shoots at the Kitsap Rifle and Revolver Club. They were on county owned land, now privately owned by the club.

    Ranb