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noob wanting to stay legit

Discussion in 'Legal & Political Archive' started by conebunny, Jun 9, 2015.

  1. conebunny

    conebunny seattle New Member

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    Hey folks. New to this forum, was pointed this way from another forum as I have a Washington state specific question. My pops passed away last week, he lived in Las Vegas, I spent the past couple of weeks helping my sister get his affairs in order. He had a 38 revolver which I took with me back to Seattle.

    What's my next step to avoid any possibility of trouble in the future? I called West Coast Armory in Bellevue, the guy there said if I have a copy of my dads drivers license (I do), I could bring the pistol in, they would put it in their books, and transfer it to me. Is it really gonna be that simple?

    thanks.
     
  2. solv3nt

    solv3nt Portland Well-Known Member

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    You are not required to do anything.

    9.41.113
    Firearm sales or transfers—Background checks—Requirements—Exceptions.

    (1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
    (2) No person shall sell or transfer a firearm unless:
    (a) The person is a licensed dealer;
    (b) The purchaser or transferee is a licensed dealer; or
    (c) The requirements of subsection (3) of this section are met.
    (3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:
    (a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.
    (b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.
    (c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
    (d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
    (e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.
    (4) This section does not apply to:
    (a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;

    (b) The sale or transfer of an antique firearm;
    (c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
    (i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
    (ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
    (d) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
    (e) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
    (f) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; or (v) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law; or
    (g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.
    [2015 c 1 § 3 (Initiative Measure No. 594, approved November 4, 2014).]


    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41&full=true#9.41.113
     
  3. telemakos

    telemakos Portland Member

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    Yep, just keep it to yourself. The best kind of secret admirer; she stays secret.
     
  4. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    +1 to the two posts above.
     
  5. donaldc

    donaldc Seattle Active Member

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    I may be wrong, but it seems like section (g) may apply?
     
  6. slimer13

    slimer13 Deer Park Well-Known Member

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    I agree with keep your mouth shut but that ship has sailed.

    Solvent quoted the RCW which may not require any action but I believe you might want to look into federal laws which might since he was out of state.
     
  7. solv3nt

    solv3nt Portland Well-Known Member

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    §922. Unlawful acts
    (a) It shall be unlawful—

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

    http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap44-sec922.htm
     
  8. conebunny

    conebunny seattle New Member

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    So, I'm good? I guess it just seems too easy. I have a safe for the pistol, It will always be locked up, I will take it to the range occasionally. I guess I'm just worried that in the highly unlikely event I'm ever questioned about the acquisition of said pistol, what then? Also, what about trying to get a CCW? Another question, when going to a range, does the pistol have to be in a lock box or something without a CCW?
     
  9. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    He "gifted" it to you before he passed, correct ;)
     
    U201491 likes this.
  10. conebunny

    conebunny seattle New Member

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    Of course! :rolleyes:
     
    U201491 likes this.
  11. conebunny

    conebunny seattle New Member

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    OK, thanks everyone. I just talked to the King county sheriffs office, they told me I didn't need to do anything. If I wanted to, I could register the pistol but it's not required.

    Thanks solv3nt, just looking at the RCW was a bit confusing. I needed it to be explained to me like a five year old. I guess if the sheriffs office says I'm good, I would guess I'm in the clear.

    Again, thanks to you folks for helping me out.
     
  12. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    1) When questioned about acquisition (by police): "I'm sorry, I won't be answering without my lawyer present."

    2) Trying to get a CCW: Does not matter if you have guns, no guns, or where they came from. The CCW process is the same, and they should not be asking about your guns.
     
    Stomper, coyotecaller and Redcap like this.
  13. conebunny

    conebunny seattle New Member

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    Good words, never talk to the police. Maybe through a payphone.:cool:

    Yeah, I just found out a CCW is for the human, not the gun.:)
     
    coyotecaller and Redcap like this.
  14. BillM

    BillM Amity OR Bronze Supporter Bronze Supporter

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    That would imply that there is an existing firearms registry in Washington? How/what/who gets on the registry?
     
  15. U201491

    U201491 Well-Known Member

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    Only in your nightmares.
     
  16. slimer13

    slimer13 Deer Park Well-Known Member

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    Through the DOL pistol transfer form
     
  17. solv3nt

    solv3nt Portland Well-Known Member

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    RCW 9.41.129
    Recordkeeping requirements.
    The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.56.240(4).

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.129
     
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  18. blackadder

    blackadder Everett Bronze Supporter Bronze Supporter

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    All pistols sales through a dealer are registered with the state. You can also submit paperwork to the state if you were crazy enough to want to register it. There is a pistol transfer form on the WADOL website that you can submit.
     
    coyotecaller likes this.