Washington WA - House Bill 1240 - Assault Weapon Ban - Legislative updates

[gmerkt]

Is 1948 an antique?

Only if it's a human.

 

[McWilly8884]

That new lever Action AR is going to become very popular when they release it LOL https://www.bondarms.com/LVRB-Coming-Soon-P8583.aspx

 

[leverite]

Read it again..it exempts parts for repairs at a licensed shop.

I have read it a number of times but can't find this exemption. Would appreciate a reference.
Regardless...we know their intent is to disarm us...partially by destroying ffl's and gun stores and parts manufacturers. There be hundreds of jobs lost here in WA (per Aeroprecision) and the big national outfits will take the most stringent interpretation of the new law. Just like they did with the mag limit law last year.

 

[Jay Walk]

Only if it's a human.

Leave Solvent out of this

 

[Val1884]

I have read it a number of times but can't find this exemption. Would appreciate a reference.
Regardless...we know their intent is to disarm us...partially by destroying ffl's and gun stores and parts manufacturers. There be hundreds of jobs lost here in WA (per Aeroprecision) and the big national outfits will take the most stringent interpretation of the new law. Just like they did with the mag limit law last year.

P14 for repairs by federally licensed gunsmith. Manufacturers can keep building for law enforcement an govt sales also..

 

[leverite]

P14 for repairs by federally licensed gunsmith. Manufacturers can keep building for law enforcement an govt sales also..

"P14"...is that page 14?
Too vague for me to find. Can you please give the full citation? Page and line number is easiest.
If if the law requires repairs to be made by a fed licensed manufacturer...good luck with that.

 

[gmerkt]

Single shots are lever operated.

Technically, that's largely true. Even the later H&R and NEF single shots that have a button on top, the factory still called that a "release lever." Because it pivots, even if down inside where you cannot see it. BUT: I don't think the drafters of the legislation had that in mind. If I had to bet, I'd say they were thinking of something like a Winchester Model 1894 lever.

There are some single shots that don't use a lever of any technical kind for barrel release. Example, the Savage Model 9478, which has a "release button" ahead of the trigger guard to open the barrel.

 

[Nwcid]

Is 1948 an antique?

No.

Chapter 9.41 RCW: FIREARMS AND DANGEROUS WEAPONS

Specifically, https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.010

(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

 

[gmerkt]

Correct me if wrong but seems like M1 Garand is a loophole rifle on this one.

The M1 Rifle didn't make the list, I assume because it doesn't have a removable magazine. The Ruger Mini-14 isn't on the list either, and although it does have a removable magazine, it usually isn't found with any one of the laundry list of other evil features. However, if you put a folding stock on the rifle, it would be out of compliance as I read the text.

It doesn't actually go that far. Passing a firearm onto your children, they will have to prove you owned it prior to the law enactment. Your childrens children are SOL. Your firearms die after the first successor generation. Or so the plain text is being interpreted.

The crux being that it's impossible for your children to prove that "they" had ownership of the firearm prior to the law enactment. You did... of course... but "they" didn't which prohibits them from transfering it to anyone else.

Here is what it says on page 14, line numbers interspersed with text:

12 (d) The receipt of an assault weapon by a person who, on or after 13 the effective date of this section, acquires possession of the 14 assault weapon by operation of law upon the death of the former owner 15 who was in legal possession of the assault weapon, provided the 16 person in possession of the assault weapon can establish such 17 provenance.

Full disclosure: I'm not an attorney. BUT: What I get out of the above is that so long as people who inherit guns "by operation of the law" (inheritance) can establish their ownership thereby, there is no look-back to the original establishment of ownership prior to enactment. For the original, grandfathered owner, it might be a receipt for purchase. For heirs down the line, it would be the will or estate document. This is my interpretation and is not definitive.

I would further say for people who have these guns now and have receipts, no problem. If you bought it at a gun show years ago and didn't obtain a receipt, it would be wise to document ownership in some manner.

The law bans the sale of AW parts, too. Locals included.

See below

As I read it the law only bans sale of frames/completed AW firearms; not individual parts - the onus on breaking the law is with the gun owner with regards to having constructive possession. I do not see where the law bans parts purchase

I've looked and looked, can somebody please show me the part where it says we can't buy individual repair parts?

 

[ilikegunspdx]

The M1 Rifle didn't make the list, I assume because it doesn't have a removable magazine. The Ruger Mini-14 isn't on the list either, and although it does have a removable magazine, it usually isn't found with any one of the laundry list of other evil features. However, if you put a folding stock on the rifle, it would be out of compliance as I read the text.


Here is what it says on page 14, line numbers interspersed with text:

12 (d) The receipt of an assault weapon by a person who, on or after 13 the effective date of this section, acquires possession of the 14 assault weapon by operation of law upon the death of the former owner 15 who was in legal possession of the assault weapon, provided the 16 person in possession of the assault weapon can establish such 17 provenance.

Full disclosure: I'm not an attorney. BUT: What I get out of the above is that so long as people who inherit guns "by operation of the law" (inheritance) can establish their ownership thereby, there is no look-back to the original establishment of ownership prior to enactment. For the original, grandfathered owner, it might be a receipt for purchase. For heirs down the line, it would be the will or estate document. This is my interpretation and is not definitive.

I would further say for people who have these guns now and have receipts, no problem. If you bought it at a gun show years ago and didn't obtain a receipt, it would be wise to document ownership in some manner.


See below

I've looked and looked, can somebody please show me the part where it says we can't buy individual repair parts?

Does mini 14 have a flash hider or any of the other "evil" features?

 

[ilikegunspdx]

...

I've looked and looked, can somebody please show me the part where it says we can't buy individual repair parts?

Some people read the paragraph below to mean any part. I believe it to mean any kit or combo of parts that makes an "AW" (for example a complete AR separated into parts in a box but not yet assembled) as explained a few posts above. If it were any part, IMO, a roll pin, trigger, etc would be illegal.

 

[leverite]

The M1 Rifle didn't make the list, I assume because it doesn't have a removable magazine. The Ruger Mini-14 isn't on the list either, and although it does have a removable magazine, it usually isn't found with any one of the laundry list of other evil features. However, if you put a folding stock on the rifle, it would be out of compliance as I read the text.


Here is what it says on page 14, line numbers interspersed with text:

12 (d) The receipt of an assault weapon by a person who, on or after 13 the effective date of this section, acquires possession of the 14 assault weapon by operation of law upon the death of the former owner 15 who was in legal possession of the assault weapon, provided the 16 person in possession of the assault weapon can establish such 17 provenance.

Full disclosure: I'm not an attorney. BUT: What I get out of the above is that so long as people who inherit guns "by operation of the law" (inheritance) can establish their ownership thereby, there is no look-back to the original establishment of ownership prior to enactment. For the original, grandfathered owner, it might be a receipt for purchase. For heirs down the line, it would be the will or estate document. This is my interpretation and is not definitive.

I would further say for people who have these guns now and have receipts, no problem. If you bought it at a gun show years ago and didn't obtain a receipt, it would be wise to document ownership in some manner.


See below

I've looked and looked, can somebody please show me the part where it says we can't buy individual repair parts?

Page 5, line 1
The list is of "or" items...and also very vague. It could be read "a part from which an assault weapon could be assembled".
It would take a court to resolve which parts are verboten. In the mean time...good luck ordering that 6.5 Grendel upper from PSA.

 

[Vavrespa]

Yeah this is unfortunately very vague. The issue is that someone could explain away a roll pin as an "assault" weapon part, just to get you in trouble if they don't like you...

 

[Yarome]

Full disclosure: I'm not an attorney. BUT: What I get out of the above is that so long as people who inherit guns "by operation of the law" (inheritance) can establish their ownership thereby, there is no look-back to the original establishment of ownership prior to enactment. For the original, grandfathered owner, it might be a receipt for purchase. For heirs down the line, it would be the will or estate document. This is my interpretation and is not definitive.

How some are reading that... the successor owner "may" inherit by operation of law, however, for them to transfer it to any other person or pass it along to the next generation the same provision exists. They must be able to prove ownership prior to the enactment date to make it legal to transfer to any other private entity... which they cannot since they inherited (took ownership) after the enactment date.

That effectively limits the life of a firearm.

 

[gmerkt]

That effectively limits the life of a firearm.

Yes, that's what I thought others were reading into it. We'll have to wait and let it get sorted out. But I disagree, as written I think it means any successive owner who can prove lawful possession derived from ownership prior to passage of the law. As long as the operation by the law via provenance is continuous back to the owner at the time of the enactment. Again, full disclosure, I'm not an attorney, this is just my opinion.

 

[gmerkt]

Some people read the paragraph below to mean any part. I believe it to mean any kit or combo of parts that makes an "AW" (for example a complete AR separated into parts in a box but not yet assembled) as explained a few posts above. If it were any part, IMO, a roll pin, trigger, etc would be illegal.

View attachment 1396843

Page 5, line 1
The list is of "or" items...and also very vague. It could be read "a part from which an assault weapon could be assembled".
It would take a court to resolve which parts are verboten. In the mean time...good luck ordering that 6.5 Grendel upper from PSA.

Okay, thank you, now I see it. I don't know how I missed the word "part" several times in reading. Well, this can carry a pretty strict interpretation. Part is singular in the text, I guess you could be in violation if you had a single roll pin, as someone else suggested. So here is another area where we are supposed to have receipts? I've got a bin full of little AR bits for which I couldn't scare up a receipt.

Good thing I ordered that spare bolt the other day that I didn't already have. With the extractor, gas rings, etc. I'll hang onto the receipt for that but don't think I'll need it, considering how difficult it would be to police such things. Once again, a lot of this stuff would only be enforced as add-on charges for the time they got you for something else.

 

[gmerkt]

Does mini 14 have a flash hider or any of the other "evil" features?

If you look at the catalog at the Ruger web site, it shows that most models don't come from the factory with a flash suppressor. But a few "tactical" models do. In my experience of owning older models, I don't remember seeing them so fitted. But you can buy aftermarket suppressors for them.

The Mini-14 didn't make "the list" but with a suppressor, it would be a "look alike" with a feature of a banned firearm.

The Mini-14 and the M1 Rifle (Garand) are still covered by the semi-auto restrictions of I-1639.

 

[gmerkt]

. Once again, a lot of this stuff would only be enforced as add-on charges for the time they got you for something else.

And of course it cuts off any legal new sales, in the attempt to pinch off proliferation.

 

[leverite]

I gotta remind myself that my tendency to get deep into the weeds is likely a waste of time.
With our good lawyers this horrible and obviously unconstitutional bill has a good chance of being enjoined from going into effect.

 

[Vavrespa]

I wanted to buy an optic, but now I don't know if an EOTech is considered a "part" of an "assault rifle".