Washington Question regarding gun transfer to family member while firearms are in police custody.

[BubbRubb]

I looked around the web and couldn't find an answer to my question. Then I found you fine folks and decided to give it a spin here.

The situation:

In 2015, I had several firearms stolen from my apartment. I legally owned all of these firearms. A proper police report was made listing all said firearms. Cut to today, 2 of my pistols have been recovered by the Police Department, however I am not currently elligible to posses a firearm due to some court proceedings (I currently have no other firearms). The Detective wants to return these pistols to me but I know I will not pass the current background check, which they will conduct before giving them back to me. Can I transfer ownership (I still own them) of these pistols to an immediate family member still? And how would I prove this to the detective when they go to pick them up? The detective is currently on vacation, returning in a week.

The way I read the law, we don't have to submit any paperwork or conduct a background check of the family member receiving my firearms as a bonda fide gift. Do I simply just tell the detective "Relative XXX is now the legal owner of this firearm" and have them go pick them up?

If anyone can point me in the right direction of an answer I would appreciate it.

I would like to add that I do not plan on possesing or using ANY firearms until my legal rights are restored through the proper channels.

Thank you all in advance for helping me unravel this legal question.

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[WheatNuts]

You have to go through a background check to get your firearms back?

 

[American123]

Seems like giving your firearms to your relative is the winning move.

 

[Migraine]

The transfer of your firearms while ineligible to posses them is the only way to remove them from police custody. Most of the departments are pretty reasonable on doing this. Good luck

 

[Migraine]

You have to go through a background check to get your firearms back?

We have some brilliant laws here in Washington State I wanted to get a defect repaired on a Sig 1911 I purchased at a big box sports supply, took it in to have them ship. The process would have been I transfer them the firearm, they ship it, I then reapply to get my firearm back. *sigh* in the end I was allowed to ship it directly back.

 

[uberguy]

You might consider using the WA State Firearm Transfer form, involving an immediate family member as the receiver. You could (if using the form) involve an FFL though it's not required by law (regarding transfers to immediate family), it might make for a clean documented process for the detective.

Firearm Transfer Application - DOL

 

[patrikky]

You have to go through a background check to get your firearms back?

I had to have a background check for one of my recovered pistols a few years back. The clerk got a bit hysterical when I asked why. She said we just cant hand out firearms to anyone. I replied that the pistol my property and I filed the police report. She just walked away.

 

[American123]

I had to have a background check for one of my recovered pistols a few years back. The clerk got a bit hysterical when I asked why. She said we just cant hand out firearms to anyone. I replied that the pistol my property and I filed the police report. She just walked away.

That interaction lives up to my expectation of government employees.

 

[Gigatar]

Only if you transfer them to your Lil' Sis.

I hope everything works out for you.

 

[ZigZagZeke]

Easiest thing to do would be to sign a gift letter giving the firearms to your relative. Maybe even have it notarized. Then have the relative present that letter to the detective.