WA CPL holders exempt by default from I-594

buzwork · Mar 21, 2015

Per ATF Office of Enforcement Programs and Services published guidelines valid, unexpired, unrevoked Washington State CPL permits issued after July 22, 2011 are exempt from NICS background checks.

Does this create a de facto exemption from the I-594 requirement since the NICS check is not required for WA CPL permit holders?

https://www.atf.gov/content/firearms/firearms-industry/permanent-brady-permit-chart

Gunguy45 · Mar 21, 2015

Don't count on it.

Stomper · Mar 21, 2015

Um.... no. (Unfortunately)

223to45 · Mar 22, 2015

Problem is WA hasn't adopted that.

donaldc · Mar 22, 2015

Stomper said:
Um.... no. (Unfortunately)

I just read I-594 again. At first, I assumed this was correct (which is ridiculous). However, reading it again I found the following:

(b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.

So it appears you still have to go to a "licensed dealer" for a private sale but would be exempt from a Brady background check with a CPL? Even with a CPL I'm almost certain that you can't do face to face transfers without going to a "licensed dealer". Maybe someone with more legal experience could chime in here.