Washington Pistol trading questions

[Red98422]

Let me start off with the disclaimer that I am not in this situation, and quite honestly hope to never find myself in this situation. This is simply for information.

Now let's say you are trading a pistol for a pistol with another person. What happens if you were to pass the background check first, but then they didn't. The way I saw it is you probably have taken possession. What are you supposed to do with the pistol at that point?

I figure the FFL would probably transfer your pistol back to you, but now you have someone else's pistol that's already been transfered to you. I always wondered how that would work with all these BS laws now.

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[The Heretic]

My understanding is that the transaction is separate from the BGC/etc.

Not sure about the sequence on the part of the FFL though - so that may affect the transaction. Technically, just because the BGC/paperwork goes thru, does that mean that the gov believes you now have possession of the firearm?

 

[NWCustomFirearms]

It's a little confusing but hopefully this helps. If the two of you come in for a trade and duel transfers, you pass the bgc and the other person does not. It would be up to the two of you to decide what you want to do with the guns. However, since the guns have been logged in for a transfer of ownership then you would both have to complete 4473's and bgc's on your own guns to get them back. I know of several shops that do not do it and say otherwise but this info came straight from the ATF investigator I personally spoke with.

Had the guns been dropped off for "gunsmithing" then no bgc is required if the same person who dropped off, picks up. It's because they were dropped off for a transfer of ownership. It gets better, if the shop does NOT log them in prior to conducting the check then both of you can walk away with your guns which was great prior to July 1st and the mandatory waiting periods. If the shop DOES log them in, then you both have to complete new checks. It's stupid, confusing, but that's what it is lol

In this scenerio, the problem is the person who did not pass the bgc will not be able to take their gun back because the dealer now knows they have been denied and until that is overturned the dealer will hold onto the gun. What happens from there is up to the person and the dealer, maybe a consignment sale, or the dealer buys the gun or the guy waits for an appeal.

 

[Red98422]

Thank you for the detailed explanation @NWCustomFirearms!!

That answers my question on the matter quite sufficiently

 

[quneur]

Here's an interesting question: If you fail a BGC, do you still get put on the registry with a lifetime of yearly BGC and permanent HIPPA waiver?

 

[Ops]

if you get denied the state gets notified and they do what they do

and the ffl has to decide if they call the agency who denied them

 

[arakboss]

I would guess you could strike up a pretty good cash deal to keep the other person's firearm since they won't be able to get it back from the dealer.

 

[arakboss]

Here's an interesting question: If you fail a BGC, do you still get put on the registry with a lifetime of yearly BGC and permanent HIPPA waiver?

That would double suck!

 

[Mikej]

In this scenerio, the problem is the person who did not pass the bgc will not be able to take their gun back because the dealer now knows they have been denied and until that is overturned the dealer will hold onto the gun. What happens from there is up to the person and the dealer, maybe a consignment sale, or the dealer buys the gun or the guy waits for an appeal.

So the "law" is turning you into a "cop" now, confiscating a persons firearm? You get paid extra for that right? (insert tongue in cheek emoji) I don't know if Wa is similar to Or...Do you get these bogus delays and denials up there? You know, the ones that clear themselves up after a couple calls, and months, to whatever enforcement agency, and they dig into WHY you were being delayed/denied wrongly. Wifey was delayed on her first ever purchase is why I'm asking. It was due to some little thing that happened 30 years prior when she was 19. It took 30 days to clear her, and she's been clear and fine since.

 

[Sporting Systems]

Here's an interesting question: If you fail a BGC, do you still get put on the registry with a lifetime of yearly BGC and permanent HIPPA waiver?

No, you are not in the state's pistol transfer application database. You will be asked to contact the Washington State Police Chiefs and Sheriffs association to follow up on the denial. Additionally the denial will show up on your DMV record for a period of time, so an officer that runs your DL will be able to see that you recently tried to purchase a firearm and were denied. If you are NOT denied, that DL record doesn't show anything more than if you have a current CPL (its not logging all your purchases, only your denials).