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Washington Question about SAR Delivery Hold

Datenshi

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Okay, I tried searching for a bit, and didn't find anything...but if this has already been discussed I apologize in advance.

Since 1639 was introduced, I have been under the impression that the only difference between a SAR purchase and a Pistol purchase is the $18 fee. However, I've recently been challenged on this, with someone telling me there is a mandatory 10 day hold...regardless of whether the application has been approved by the local PD. I've read the law, and I don't come to the same conclusion. The below is my analysis...which of course means precisely crap, but wanted to share it anyway--and ask for comments.

RCW 9.41.090(2) provides that no dealer may deliver a semiautomatic assault rifle to the purchaser thereof until:
  • the purchaser provides proof that he or she has completed a recognized firearm safety training program within the last five years that, is appropriately sponsored and covers the minimum training requirements. AND
  • The dealer is notified in writing by (i) the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a firearm under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or (ii) the state that the purchaser is eligible to possess a firearm under RCW 9.41.040, as provided in subsection (3)(b) of this section; OR
  • The requirements or time periods in RCW 9.41.092 have been satisfied.
RCW 9.41.092(2) provides that Except as otherwise provided in this chapter, a licensed dealer may not deliver a semiautomatic assault rifle to a purchaser or transferee until ten business days have elapsed from the date of the purchase application or, in the case of a transfer, ten business days have elapsed from the date a background check is initiated.

While .092 is more restrictive than .090, it should be considered that the purpose of .090 is to cover the delivery while .092 is to provide a time limit on the hold. It is interesting that in the drafting of the language of .092, they included an earlier of statement for pistols, but not for semi-automatic assault rifles. However, I would propose that given the earlier of inclusion in .090, the inclusion of such in .092 related to pistols is redundant. In any case, I believe that if RCW 9.41.090(2)(b) applies RCW 9.41.092(2) would be irrelevant.


Would love to hear your thoughts, or if you have found anything authoritative out there, besides a dealer saying so...or a random website saying so.

Thanks,
Ryan
 
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