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Question on WA waiting period for new residents.

Discussion in 'Legal & Political Archive' started by leitung, Jul 24, 2012.

  1. leitung

    leitung Port Orchard, WA New Member

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    From the NRA-ILA website:

    "The dealer shall deliver the pistol to the purchaser following the elapse of 5 business days from the receipt of the application for purchase. This period shall be 60 days if the purchaser lacks a Washington driver’s license or state identification card or has not been a resident of the state for the previous consecutive 90 days. There is no waiting period where the applicant has a valid license to carry a pistol concealed."

    My WA DL was issued on 7-17-2012, does this mean I have to wait 60 days if I wanted to buy a handgun right now even if I have a CPL (with my old CA address)? Or would it still be delievered the same day?

    Thanks for any answers.
     
  2. codezilla

    codezilla United States Member

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  3. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Without reading a full page of fine print I think you are looking at the five day waiting period as your WA drivers license makes you a WA resident. As a WA resident your CA carry license is no longer valid and has no bearing on your purchase. Actually your CA permit never had any bearing on a purchase in another state. In most states your address must be current on your permit.
     
  4. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Unless his CPL is a WA CPL issued to a non-resident....
    As far as I know there is no requirement to change address....but I could be wrong.
     
  5. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Actually, the wait is dependent on your Sheriff...the 5 days is MAX. Here in Okanogan Co it is about 2 days average. See RCW 9.41.090(1)(b)

    May I suggest, as a new resident of WA that wishes to purchase and carry...Please study RCW 9.41...the whole thing.

    When you get your CPL you will get a booklet that has a couple references that are not from RCW 9.41, and all of 9.41...study it too.
     
  6. Misterbill

    Misterbill Yakima County, Washington New Member

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    Solid advice. I also refer you to the Armed Citizens' Legal Defense Network which is just a total win my book. I don't agree with everything they say, but NOTHING they says is without precedent and worthy of thought.

    To Sum up 9.41 RCW: If you aren't in imminent danger of a SERIOUS felony being committed against you or another person in your presence, both LAWFULLY in the place you are, DON'T introduce lethal force unless you think Walla Walla is a fun place to spend the next ten years.
     
  7. PX4WA

    PX4WA Tacoma, WA Active Member

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    Bottom line you have a few mos wait period ahead of you...
     
  8. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Wrong. There is no waiting period...except for non-CPL holders wanting to purchase a pistol. He can apply for his CPL today...he has his WA drivers license...he can purchase today..and will have to wait a MAX of 5 days.
     
  9. PX4WA

    PX4WA Tacoma, WA Active Member

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    1. you need to be a resident of the state for 90 days to get a CPL as a resident (and they issue it in 2-4 weeks)
    2. as proof of residency you need a DL or other documents. your DL will prove your residency. your actual date of residency may be earlier... if you have lease documents or other proof (utility bills) that you moved here before getting your DL, then that date is your date of residency...
    if you apply for your CPL before you have 90 days residency you can still get your CPL, it just takes 60 days (up to)... so the first step here is still get a CPL.. it may come back sooner than you think.

    3. WA state sale of handgun to non-WA cpl holders requires that the state run your background check. the dealer does not contact NICS, instead they send in a form with your info to the state and the state runs your NICS and other checks (mental health, outstanding fines, warrants, etc)
    the dealer has the option of releasing to you the firearm after the 5 days wait if he so wishes even if the state has not responded. the reality is you won't find a reputable FFL in any major city who will release your firearm before they get back the state's paperwork and background check. and the state may take up to 60 days to get back to the FFL because you are new to the state. however, HERMANNR may know of one, you can PM him. Rural FFL's tend to be more considerate, the discretion is theirs, as they have to deal with the headache and file the paperwork if you get denied and they released the gun to you. Bigbox stores (cabelas, etc) have a standing policy to not release the gun until the forms are back.

    4. if you get your CPL after you have initiated the purchase of your firearm, it does not change things. you will still have to wait for the state to get your background check done. so most dealers recommend you get your CPL and come back and start the paperwork and pickup your gun the same day. it is almost always faster that way. this assumes no NICS delay.

    5. there is no prohibition against you legally buying a firearm from a private party. you have WA ID which is what most people ask for. some may ask for a CPL, but may also consider your CA CPL as proof you are a good guy (or was at the time you got your CPL)..

    hope this clarifies things. there is what the law says and what reality is... reality is you are up for a few months wait if buying from an FFL in the city
     
  10. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    WRONG!

    RCW 9.41.070(1) In part:".... However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

    As I constantly say here: READ THE LAW! MY Bold! The LAW states IF you do not have a WA drivers license...Leitung stated he HAS a WA drivers license! Therefore everything beyond that is irrelivant! Even if he did not have a WA drivers license, they have 60 days Shall Issue..just like any NON-resident....not 90 days.

    Because he HAS a WA DL..it is 30 days MAX just like everyone else...and if you live in a good county, generally less than a week.

    Second thing...Purchasing approval...the approval is done by your LOCAL SHERIFF or CoP... RCW 9.41.090(1)(b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or

    (c) 5 business days...."

    Again, READ THE LAW>>>ALL OF IT.

    Our local Okanogan County sheriff sends the paperwork back next day...you get you pistol in two days if it happens to be a weekend
     
  11. leitung

    leitung Port Orchard, WA New Member

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    I have my Washington CPL, it has my address in California on it. It was issued by the Kitsap County sheriff's office which is the county I live in now. I got it before I moved here as a non resident.

    Now I am a resident, and I have a Washington State DL with my new address. According to the lady at the desk in the Port Orchard office, there is no requirement to change my address on my CPL.

    More than likely, I wont even be able to afford a gun until the 60 days have passed anyway...
     
  12. PX4WA

    PX4WA Tacoma, WA Active Member

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    lucky for you... it doesn't work that fast in my neck of the woods...
     
  13. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Then you will have no wait. The purpose of the waiting period is for LE to make sure you are not a prohibited person, your CPL proves you are not a prohibited person, so the wait period is irrelivant,
     
  14. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Then you need to vote in a new sheriff....more like ours.