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On April 2nd, WA Governor Jay Inslee signed into law SB5956 – striking the largely useless ban on the possession, transportation, acquisition or transfer of short barreled rifles in the State of Washington in accordance with Federal law.
Given that federally licensed short barreled rifles have never been a noticeable problem in any state, the ban can only be interpreted as part and parcel of the Lowry-inspired package of “harass the law-abiding gun owner” laws passed in 19941.
The new law takes effect on July 1st of 2014 and contains several “gotcha!” provisions for the careless and unwary. These provisions could potentially land the victim in jail or paying stiff federal or state legal penalties.
While a WA gun owner may possess/transport/acquire or transfer a short barreled rifle in accordance with Federal law under the provisions of SB5956 – they may not lawfully manufacture or assemble such a device, nor may they loan or furnish it to others.
Translated, you can’t let your buddy or your family use your shiny new SBR – you, and only you, as the licensee may have or use the SBR (unless the SBR is owned by a trust or corporation and those persons are named as beneficiaries or members of the corporation).
Only a Class 07 Federal Firearms Licensee (Manufacturer) may legally assemble or manufacture a short barreled rifle in WA – and only if they do legitimate business with the military or law enforcement. Thus, WA residents wanting a short barreled rifle can have them registered by 07 FFL holding a 02 SOT. (RCW 9.41.220 clearly states that 07/02 FFLs are exempt as long as they also providing a service to law enforcement or military. This was written to prevent table top dealers from also only manufacturing machine guns etc. for personal use.)
Even if all this weren’t true, for a Washington resident to make (manufacture or assemble) a short barreled rifle legally under federal law (and thus under state law) – even as simply as dropping in a short barrel to a pre-existing firearm or hack-sawing the front end few inches off – the builder would have to complete an ATF Form 1 (requiring CLEO sign-off), pay $200, endure an lengthy background check over a period of several months before being legal.
Given that even after SB5956, making SBR’s remains illegal for individual WA residents – and the ATF is reasonably unlikely to sign off on Form 1’s for an illegally manufactured device.
Finally, SB 5956 does not in any way repeal the ban on short barreled shotguns or on fully automatic weapons in the State of Washington.
Yes Im trying to get some updated information. Im out of state at the moment. The legislature was SUPPOSED to address the wording of the bill so that ANYONE could add a short barrel and NOT be considered a manufacturer!!!!!
Not sure why people equating making with manufacturing is being referred to as a viable resource of info. That they happen to be in agreement with the guy selling the floor at DOL is beside the point...
From Dawgfish on "the other site"...
It passed the Judiciary committee. Here is the amended version.
"Sec. 1. RCW 9.41.190 and 2014 c 201 s 1 are each amended to read as follows:
(1) Except as otherwise provided in this section, it is unlawful for any person to:
(a) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; ((or))
(b) Manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or ((to))
(c) Assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
(2) It is not unlawful for a person to ((possess, transport, acquire, or transfer a short-barreled riflethat is legally registered and possessed, transported, acquired, or transferred in accordance)) manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifleor in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.
(3) Subsection (1) of this section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or
(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance withall applicable federal laws and regulations.
(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
(5) Any person violating this section is guilty of a class C felony."
EFFECT: Authorizes persons to assemble short-barreled rifles if in compliance with applicable federal law., and removes amendatory language allowing the sale in state of machine guns or short-barreled shotguns by specified persons.
The bill completely passed the house 93-4, now on to the senate which should be good to go. That vote likely will happen this week as well. Then To Inslee. He can either sign it, ignore it, or veto it. He signed it last time, and there's no reason to think he wouldn't this time as well. Ignoring it is also an approval, it just adds another few days to the overall approval time.
90 days after that it's law.