Washington Passing your civilian owned firearm back and forth with LEO, post I-594

[CarlMc]

Today I came across the answer to my questions. Sort of.
Washington State Legislature

Rather than attempt to summarize it myself, I found this article
NRA-ILA | Washington: Gun Bills on the Move in Olympia

To address my specific question, there appears to be a catch all wording that may only partially apply:

First bit of wording:
29 (d) A temporary transfer of possession of a firearm if: (i) The
30 transfer is intended to prevent suicide or self-inflicted great
31 bodily harm; (ii) the transfer lasts only as long as reasonably
32 necessary to prevent death or great bodily harm; and (iii) the
33 firearm is not utilized by the transferee for any purpose for the
34 duration of the temporary transfer;
35 (e) Any law enforcement or corrections
-Focus on the wording "the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm;" meaning the cop thinks you might use the gun during the stop. If he's seen your "good guy card" then his judgement becomes questionable.

Second bit of wording:
16 possessing firearms; ((or)) (v) under circumstances in which the
17 transferee and the firearm remain in the presence of the transferor;

Which could mean that when the cop walks away with your gun "for safekeeping" then it becomes a transfer because he's no longer in your presence, and there's no process for transferring it back to you.

It doesn't clearly address the question, but as pointed out before, that's usually the point.

 

[revjen45]

I had a traffic accident which resulted in my having to let the cops have my gun because I couldn't take it on the ambulance. They ran a background check and gave it back in about a week.

 

[HuckFin]

I had a traffic accident which resulted in my having to let the cops have my gun because I couldn't take it on the ambulance. They ran a background check and gave it back in about a week.

Hadn't thought about this angle before. So now we get to have our pre I-594 pistols registered if we hand it over to law enforcement?

 

[Phather]

Today I came across the answer to my questions. Sort of.
Washington State Legislature

Rather than attempt to summarize it myself, I found this article
NRA-ILA | Washington: Gun Bills on the Move in Olympia

To address my specific question, there appears to be a catch all wording that may only partially apply:

First bit of wording:
29 (d) A temporary transfer of possession of a firearm if: (i) The
30 transfer is intended to prevent suicide or self-inflicted great
31 bodily harm; (ii) the transfer lasts only as long as reasonably
32 necessary to prevent death or great bodily harm; and (iii) the
33 firearm is not utilized by the transferee for any purpose for the
34 duration of the temporary transfer;
35 (e) Any law enforcement or corrections
-Focus on the wording "the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm;" meaning the cop thinks you might use the gun during the stop. If he's seen your "good guy card" then his judgement becomes questionable.

Second bit of wording:
16 possessing firearms; ((or)) (v) under circumstances in which the
17 transferee and the firearm remain in the presence of the transferor;

Which could mean that when the cop walks away with your gun "for safekeeping" then it becomes a transfer because he's no longer in your presence, and there's no process for transferring it back to you.

It doesn't clearly address the question, but as pointed out before, that's usually the point.

From the bill:
(e) Any law enforcement or corrections agency and, to the extent
36 the person is acting within the course and scope of his or her
37 employment or official duties, any law enforcement or corrections
38 officer, United States marshal, member of the armed forces of the
39 United States or the national guard, or federal official;

If law enforcement is working within the scope of their duties, they are exempt from the transfer requirements. So if they feel you need to be disarmed for safety while they conduct an investigation, they are covered under the above. You may still have to prove you are allowed to have the firearm back if it is taken for safekeeping during the course of their investigation. This does not exempt off-duty law enforcement, only while they are actively working for a law enforcement agency. I'm not a lawyer, but that is my understanding of this law.

 

[WowReactsOnly]

Is washington a duty to inform state?

 

[Provincial]

I would argue that when the officer takes the firearm, he becomes "custodian" of that firearm, and no transfer has taken place, because I never gave up "possession" of it based on force of law. The law does not specifically say that surrendering your possessions to a law officer is a transfer, and such an action is completely different from voluntarily handing it to your buddy in a situation not exempted by the law.

Your IRA does not transfer to your mutual fund, it becomes the "custodian", and you still own it.

I am not a lawyer, but I would insist that my counsel argue this point!

 

[Sporting Systems]

Under the law, technically this is considered a "conveyance" and not a "transfer". Its the same way a gun shop or factory can take a firearm from a citizen, perform work, and return it to them without a background check (regardless of residency).

 

[HuckFin]

Under the law, technically this is considered a "conveyance" and not a "transfer". Its the same way a gun shop or factory can take a firearm from a citizen, perform work, and return it to them without a background check (regardless of residency).

What I am worried about is passing my pre I-594 gun over to law enforcement and they record the serial number therefore now making my previously non registered gun now registered.