Washington Video on transporting high-capacity magazines in/out of WA State on/after July 1, 2022

[RX-79G]

Taking them back out doesn't count as importing them - per the 2A lawyer, so temporary possession of the mags within the state doesn't count.

@sobo This was the problematic post. Temporary possession of the mags within the state definitely does count:

If before July 1, it counts to make that mag legally possessable going forward.
If after July 1, it counts to be charged with importing a mag not previously in state. Even for a short visit.

This is probably important to consider:
(37) "Distribute" means to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in state or out-of-state.

This essentially means you can't loan someone a banned mag in the state. That would be like selling it. However, someone living outside the state could grandfather a borrowed mag and then return with it later - even if they purchased it in the meantime. Because the transaction didn't take place in WA and they already did the Have in WA Prior to 7/1 dance.

 

[The Heretic]

However, someone living outside the state could grandfather a borrowed mag and then return with it later - even if they purchased it in the meantime. Because the transaction didn't take place in WA and they already did the Have in WA Prior to 7/1 dance.

This is the part that I think would be at the very least, a grey area.

I think it is also more academic than anything. The state is not going to have border crossing inspection stations looking for mags. Also, as I mentioned before, it is unlikely this law will see much if any enforcement.

 

[Ziggy44]

Or they can ignore it and stop living in fear.

People will talk a lot of big talk but when it comes down to it they tuck they're tails and obey.....like with Kate Browns bs "no transfer w/o going thru a dealer" law. People talked a lot of big talk but when she signed it they just blindly obeyed.

 

[RX-79G]

This is the part that I think would be at the very least, a grey area.

I think it is also more academic than anything. The state is not going to have border crossing inspection stations looking for mags. Also, as I mentioned before, it is unlikely this law will see much if any enforcement.

It will be an added offence to a drug bust or shooting. Not standalone possession charge.

Be interesting to see if any out of state sellers are extradited to WA.

 

[RX-79G]

People will talk a lot of big talk but when it comes down to it they tuck they're tails and obey.....like with Kate Browns bs "no transfer w/o going thru a dealer" law. People talked a lot of big talk but when she signed it they just blindly obeyed.

You can obey the law and not live in fear.

 

[Ziggy44]

You can obey the law and not live in fear.

True.

 

[Ziggy44]

You can obey the law and not live in fear.

I was just pointing out how some people on the forum talk sometimes as though the plan to rebel against new laws but then quietly fall in line,

 

[Ziggy44]

I was just pointing out how some people on the forum talk sometimes as though the plan to rebel against new laws but then quietly fall in line,

Just amuses me,

 

[RX-79G]

Just looking at the law some more, and this is probably worth noting:

(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.

But:
(c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal p. 8 ESSB 5078.SL and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state.

The upshot of this is that you can't sell your mags over the internet. You can either travel with them out of state and do that, have someone else out of state do that for you, or you can sell them to an FFL for them to sell out-of-state.

So if you want to sell your AR, the hi-caps can't be sold with it nor put on gunbroker.com for out-of-state sale. You have to get them out of the state first or ask you FFL to do it.


Personally, I don't care for AR15s, but I still have a few mags. I'll just hang onto them because they are not replaceable if I change my mind or buy something else STANAG.

 

[BAJ475]

Interesting interpretation, so,,, I guess I need to load up a footlocker full of magazines next time (before July) I have to cross into washington just to grandfather them.

agree, the law doesnt address non residents visiting the state despite what the video claimed.

Agree. But it also does not distinguish between residents and nonresidents. So as long as the nonresident lawfully possessed the high capacity magazines in WA they should be able to return with them. The question I have is just when do they have to be lawfully possessed in WA? Anytime prior to July 1, 2022 or on July 1, 2022, at the stroke of midnight? To be safe, my plan is to drive to WA late on June 30, 2022, and return just after midnight on July 1, 2022.

 

[RX-79G]

Agree. But it also does not distinguish between residents and nonresidents. So as long as the nonresident lawfully possessed the high capacity magazines in WA they should be able to return with them. The question I have is just when do they have to be lawfully possessed in WA? Anytime prior to July 1, 2022 or on July 1, 2022, at the stroke of midnight? To be safe, my plan is to drive to WA late on June 30, 2022, and return just after midnight on July 1, 2022.

You don't have to stay over the change. You could come to WA today and leave today. That will be "previous" to the ban date.

 

[sobo]

Agree. But it also does not distinguish between residents and nonresidents. So as long as the nonresident lawfully possessed the high capacity magazines in WA they should be able to return with them. The question I have is just when do they have to be lawfully possessed in WA? Anytime prior to July 1, 2022 or on July 1, 2022, at the stroke of midnight? To be safe, my plan is to drive to WA late on June 30, 2022, and return just after midnight on July 1, 2022.

As @RX-79G said, you just have to have been in possession of the mags prior to the end of day on June 30, 2022. Anytime prior to that date works.

 

[BAJ475]

You don't have to stay over the change. You could come to WA today and leave today. That will be "previous" to the ban date.

There are several on this forum that have expressed the same view. Based on that view, all but a few of my high capacity magazines are already covered because they were in WA as I drove through on my move to ID, a few years back. I am just not convinced that the courts in WA would agree. That is why I said to be safe.

 

[RX-79G]

There are several on this forum that have expressed the same view. Based on that view, all but a few of my high capacity magazines are already covered because they were in WA as I drove through on my move to ID, a few years back. I am just not convinced that the courts in WA would agree. That is why I said to be safe.

There is no fool-proof system proving that your mags were in state.

But that's because none is required. If it ever came up you say "I had this mag in WA back in 2019" and that should be the end of it. Actually, "I had this mag in WA before the ban" should be all you need to say.

And if it isn't you might provide your moving dates so anyone could see that you likely drove through. But that's really unnecessary. No one is going to be looking at you or your mags unless something much more serious is going on.

 

[Koda]

Just think...
Now that the bad guys have to drive out of state to get their standard mags the wont be able to cross back over.... Doh.

 

[User 1234]

Note "departing from and returning to" Washington is cleansed by the exemption, but the exemption does not bless "entering into Washington and departing from" so I disagree that it allows a day pass to bring standard magazines into Washington the way that video describes it.

 

[Koda]

View attachment 1182513
Note "departing from and returning to" Washington is cleansed by the exemption, but the exemption does not bless "entering into Washington and departing from" so I disagree that it allows a day pass to bring standard magazines into Washington the way that video describes it.

That what I still see.
No exception for having had your mags in the state prior....

 

[RX-79G]

View attachment 1182513
Note "departing from and returning to" Washington is cleansed by the exemption, but the exemption does not bless "entering into Washington and departing from" so I disagree that it allows a day pass to bring standard magazines into Washington the way that video describes it.

That seems to be the consensus in this thread.

 

[Koda]

That seems to be the consensus in this thread.

I thought the consensus was a visitor could bring them in they they had brought them in prior....?

 

[RX-79G]

That what I still see.
No exception for having had your mags in the state prior....

It isn't an exception. It is exactly what the law says, since the law does not break down "individuals" by their residency or any other category. If you are a person, and you had a hi-cap in WA, then you are exactly what the law describes. No more and no less.