Washington Selling an SKS in WA

[Changnoi]

Since you live close to the border the classifieds here might work. One member from south of us already asking. Can't hurt to put up some shots of it and see if maybe you can drive down and meet an OR buyer.

Thank you! I'm going to try to make time to do that tomorrow.

 

[gmerkt]

Or you could sell it on Gunbroker. Which causes it to go through an FFL dealer on the buyer's end. Which involves paying a commission to GB. The buyer would pay the FFL fee. Selling it face to face in Oregon might cost you part of an FFL fee. If you don't already have one, you'd need to set up an account on Gunbroker to sell it. WA and OR have both made it difficult to legally sell guns among ourselves.

That clause in the 68 GCA allowing for private sale without an FFL intrastate went out the window when WA and OR started requiring a BCG for all transfers.

 

[User 1234]

I read it. The only transfer exemptions listed are for bequeathal and loaning or renting. Perhaps you could cut and paste the passage you think applicable cuz Im not seeing it. If you leave someone a firearm when you die it can transfer interstate in probate. Otherwise no. A transfer is the same as a change of ownership and renting or loaning are not transfers.

So you're agreeing with what I said.

 

[User 1234]

Yes. There are no interstate private party transfers of any gun allowed by law at least. It always has to transferred through a dealer who logs it into his books like any other acquisition and out like any other gun..

This is the quote I was referring to earlier. Out of academic interest more than anything else.

 

[wired]

This is the quote I was referring to earlier. Out of academic interest more than anything else.

That's not a private party transfer at all though.

 

[User 1234]

That's not a private party transfer at all though.

One person, unlicensed, transferring a firearm to an unlicensed person in a different state, indefinitely. Is that not a transfer in your view?

 

[ilikegunspdx]

I'm hoping to have time to set up a photoshoot and post in the classifieds tomorrow. Thank you for your interest!

Just take pics with your phone in good light. No photo shoot required.

 

[MichaelH]

Thank you! I'm going to try to make time to do that tomorrow.

If you're coming down to do the transfer make sure the FFL you're going to do the transfer at will hold the firearm until the buyer's background check clears. Some FFL's hold them and others don't. I'd put it on the buyer to find an FFL that will hold the firearm and then call to confirm before driving.

 

[wired]

One person, unlicensed, transferring a firearm to an unlicensed person in a different state, indefinitely. Is that not a transfer in your view?

Thats not a private party transfer. A private party transfer is me , as a non licensee to you as a non licensee. As soon as you involve an FFL you transfer to him and he transfers to the buyer under the umbrella of his FFL. . No different than any other dealer purchase. Once you go interstate there is no such thing as a private party transfer. You cannot transfer a gun to a person in another state. The only exemption is from probate in a will situation., Is THAT the private party interstate transfer you are talking about? Extremely rare and really not in the same category of person to person transfers at all.

 

[User 1234]

Thats not a private party transfer. A private party transfer is me , as a non licensee to you as a non licensee. As soon as you involve an FFL you transfer to him and he transfers to the buyer under the umbrella of his FFL. . No different than any other dealer purchase. Once you go interstate there is no such thing as a private party transfer. You cannot transfer a gun to a person in another state. The only exemption is from probate in a will situation., Is THAT the private party interstate transfer you are talking about? Extremely rare and really not in the same category of person to person transfers at all.

You began by saying that I did not understand the difference between intrastate and interstate. We clarified that yes, I do.

Then you said that there are no circumstances where it is legal under federal law for an unlicensed person to indefinitely transfer a firearm to an unlicensed resident of a different state. I quoted the portions of 18 U.S.C. 922 which do in fact allow it in some circumstances.

Do you not agree that exceptions do exist for unlicensed interstate transfers?

Now you have said that "transfer" cannot include the sporting purposes loan. Why not? United States v. Jefferson, 334 F.3d 670, 675 (2003) and United States v. Highes-Doby, 711 Fed. Appx 358, 359 (2017) ruled that transfers under the GCA include temporary transfers. United States v. Stegmeier, 701 F.3d 574 (2012) ruled that a temporary loan of a firearm was a "disposal."

 

[wired]

You began by saying that I did not understand the difference between intrastate and interstate. We clarified that yes, I do.

Then you said that there are no circumstances where it is legal under federal law for an unlicensed person to indefinitely transfer a firearm to an unlicensed resident of a different state. I quoted the portions of 18 U.S.C. 922 which do in fact allow it in some circumstances.

Do you not agree that exceptions do exist for unlicensed interstate transfers?

Now you have said that "transfer" cannot include the sporting purposes loan. Why not? United States v. Jefferson, 334 F.3d 670, 675 (2003) and United States v. Highes-Doby, 711 Fed. Appx 358, 359 (2017) ruled that transfers under the GCA include temporary transfers. United States v. Stegmeier, 701 F.3d 574 (2012) ruled that a temporary loan of a firearm was a "disposal."

A loan is not a transfer. A rental is not a transfer. A transfer is a change of ownership. You keep bringing up the "exemption" but its not an exemption at all. You can rent or loan a gun for sporting purposes but that is not a transfer to the ATF. If i go hunting in Wyoming with a guide service they can loan me a gun or I can rent one from them. I cannot bring it home with me to keep as mine. They did not transfer the gun to me to bring home. That is not a legit private party "transfer". There is no case where an interstate party can permanently transfer ownership to another interstate party. Your party trick example is not an actual legit permanent transfer.

 

[monkeybutler]

That section that was highlighted refers to INTESTATE transfers. Notice there is no R.

Intestate means someone died without a will, so it has to do with inheritance of firearms specifically.

 

[wired]

That section that was highlighted refers to INTESTATE transfers. Notice there is no R.

Intestate means someone died without a will, so it has do do with inheritance of firearms specifically.

Good point. Yep. No exemption.

 

[Alexx1401]

Good point. Yep. No exemption.

What many who are trying to desperately find some way to say its legal to "transfer" a gun from you in one state to a person in another state are missing is risk. "Can you do it"? Yes. "Should you do it"? Again many will read the net, find the answer they "want to hear" and then do it. Works fine until it does not. You move a gun to another person in another state and it somehow ends up at a crime? When they trace the owners of the gun and show up at you best be REAL careful what you start telling them. The people who talk to you will not care what someone "told you". Either will some black robe if you say the wrong thing.

 

[drstrangelove]

There will be hairy palms and premature blindness from the mental masturbation on this thread.

 

[monkeybutler]

There will be hairy palms and premature blindness from the mental masturbation on this thread.

Well, did you bring enough lube and kleenex for everyone?