Transfer legal question

[KalamaMark]

Here's the text of I-594 3(1)

(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.

594 only covers sales or transfers that occur within the borders of the state of WA.

I think Stomper is right in that it really hinges on Fed law.

Etrain... that's what I'm hoping.

I'm hoping that this poorly written bill, sponsored by elitist wankers and swallowed by urban sheeple, has a provision that allows the citizens of the border counties that voted it DOWN an unintended reprieve.

 

[solv3nt]

I'm hoping that this poorly written bill, sponsored by elitist wankers and swallowed by urban sheeple, has a provision that allows the citizens of the border counties that voted it DOWN an unintended reprieve.

It's a very poorly written law written by a non-lawmaker, one which leaves loopholes, but I'm not saying that our idiot lawmakers don't leave loopholes either...

 

[Stomper]

It's a very poorly written law written by a non-lawmaker, one which leaves loopholes, but I'm not

Note the following!!!
Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.

 

[KalamaMark]

Note the following!!!
Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.

And there it is.

Thanks Stomper.

Now to research the GCA and find the actual code that led to this answer.

 

[Stomper]

Try this as a starting point:

18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30

 

[solv3nt]

922. Unlawful acts
(a) It shall be unlawful—

(3) for any person, other than a licensed im-porter, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44-sec922.pdf

Seems vague to me, I'm still seeing that you can't sell across state lines, not that you can't sell to a person within your state in another location.

 

[solv3nt]

922. Unlawful acts
(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44-sec922.pdf

 

[Stomper]

Good job, Solv3nt!

WTH needs lawyers when you have the interwebs and a technically oriented mind and comprehension skills?

 

[solv3nt]

Good job, Solv3nt!

WTH needs lawyers when you have the interwebs and a technically oriented mind and comprehension skills?

Section (3) refers to an individual purchasing, and section (5) refers to the individual doing the transfer. Section (5)(B) specifically allows for the temporary transfer of firearms to an individual of another state regardless of which state the individual resides. It makes no mention of having to do the temporary transfer in the state that the transferor resides.

 

[rick benjamin]

Most excellent detecting, deducting!

 

[KalamaMark]

Section (3) refers to an individual purchasing, and section (5) refers to the individual doing the transfer. Section (5)(B) specifically allows for the temporary transfer of firearms to an individual of another state regardless of which state the individual resides. It makes no mention of having to do the temporary transfer in the state that the transferor resides.

Thanks for taking the time and effort to look this up, quote and cite it, Solv3nt!

I think we may be on to something here...

As we speak the Hags that pushed I-594 through are plotting their next incremental steps to shackle our freedom and slowly turn up the heat to slowly boil and criminalize all gun owners.

I'm just as eager to throw wrenches in their poorly fitted gears and grind their elitist funded machine to a halt.

Now to find a 2A friendly lawyer familiar with the ATF to analyze this..

Anyone have any suggestions?