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WA state CHL exempt from instant check - status?

Discussion in 'Firearm Laws & Legal' started by 9by19, Mar 15, 2016.

  1. 9by19

    9by19 New Member

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  2. kilimanjaro

    kilimanjaro Skagit County Well-Known Member

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    Hasn't worked for me, yet, at the gun shop.
    I think my C&R FFL got me past the 4473 form exactly once.

    Dealers don't like to incur liability, real or imagined.
     
  3. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    Man that would save me some serious headaches
     
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  4. Brutus57

    Brutus57 Skagit County Well-Known Member

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    It hasn't worked for me on my last 2 purchases...It only seems to preempt the waiting period.

    Brutus Out
     
  5. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Just need to find the right FFL, mine told me of that little tidbit 3 years ago so I bought 3 more....;)
     
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  6. slimer13

    slimer13 Deer Park Well-Known Member

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    They still have to abide by state law. (9 41 92)

    Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of:
    (1) The results of all required background checks are known and the purchaser or transferee is not prohibited from owning or possessing a firearm under federal or state law; or
    (2) Ten business days have elapsed from the date the licensed dealer requested the background check. However, for sales and transfers of pistols if the purchaser or transferee does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, then the time period in this subsection shall be extended from ten business days to sixty days.
    [2015 c 1 § 4 (Initiative Measure No. 594, approved November 4, 2014).]
    NOTES:
    Finding—2015 c 1 (Initiative Measure No. 594): See note following RCW
    9.41.010.
     
  7. HRE Slane

    HRE Slane 98034 New Member

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    Last few purchases/transfers from 2 different FFL's with CHL has only pre-empted the waiting period. Maybe it's the proximity to Seattle.
     
  8. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    That's the way the smart folk in Idaho do it:rolleyes:
    :D
    Been here a year and can't wait for it to be 2 years:s0133::s0139:
     
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  9. The Heretic

    The Heretic Oregon Well-Known Member

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    Politicians/lawmakers/bureaucrats and in general antigun leaders won't let such things be implemented.

    The reason?

    Because BGCs are not about making sure only those who pass the BGC can buy firearms - it is about de-facto registration.
     
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  10. gcban

    gcban Tukwila, WA Active Member

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  11. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Have to fix the Blooming Buttnugget problem we have first... too bad we can't deport 'em all back to Burn-in-Hellifornia where they belong.
     
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  12. WALawyer

    WALawyer Tacoma, WA Member

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    Excuse me for bumping an old thread. ATF considers certain CPLs as excemt from the NICS requirement. 27 C.F.R. s 278.102(d). As mentioned, ATF considers a WA CPL eligible for the exemption since 7/22/11. The problem is in RCW 9.41.090(2)(b): "[A] dealer shall use the state system and national instant criminal background check system . . . to make criminal background checks of applicants to purchase firearms." Until this is amended, WA FFLs have to continue doing background checks.

    As a practical matter, the only way this exemption works is if the FFL is required to verify the validity of the CPL. As a criminal defense lawyer, I see judges order defendants to simply surrender their firearms and concealed pistol licenses after a domestic violence misdemeanor or felony conviction, yet there is essentially no follow through on that. The convict is free to retain the CPL and could present it to an FFL to avoid being denied.
     
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  13. gcban

    gcban Tukwila, WA Active Member

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    WALawyer; In most other states where your CWP, CPL or CCW permit/license gives you a NICS exemption, the FFL merely checks a computer database or makes a phone call to an automated system at the States designated law enforcement agency that lets the FFL know your permit is still valid. That State agency is constantly updated with the NICS system (in AZ it's updated daily). So if you do become a prohibited person in NICS OR in the States judicial systems your permit is flagged and will be suspended immediately or possibly terminated. No valid permit, no NICS exemption. At that point a standard NICS background check must be done for the sale to proceed. It's so much faster and efficient then the standard NICS background check especially for people like myself who live in NICS purgatory for a similar named prohibited person. I have a UPIN with NICS and still get a delayed about 6 out of 10 times in WA. In AZ, never a single problem ever!
     
  14. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    As I'm sure you're aware most other states is not named Washington. :). I have people quoting me laws for Louisiana and California and to that I have to ask, "So?"

    Good for Arizona but we ain't there!

    This is the law here and this is the reality:
    RCW 9.41.090(2)(b): "..dealer shall use the state system and national instant criminal background check system . . . to make criminal background checks of applicants to purchase firearms."
     
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  15. Brutus57

    Brutus57 Skagit County Well-Known Member

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    My experience as well.

    Brutus Out