Washington Washington FFL Insight Needed Regarding Transfer

[AFS]

Hey all,

I am an Oregon FFL and have a customer who just moved to Washington a month ago. She is looking to pick up a pistol from me, and knowing she needs to have the firearm transferred by a WA FFL, she started checking around. She was told by a WA FFL that she must be a Washington resident for 90 days before she can have a firearm transferred to her. That doesn't sound right, but I don't know all the Washington laws around firearms transfers.

Do any WA FFL's have any insight or experience with this type of situation? Thank you in advance!!

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[User 1234]

That is incorrect. If a resident of WA for less than 90 days the FFL is allowed to hold it longer while waiting on the background check results than if the resident lived in Washington more than 90 days. But it can still be transferred.

 

[User 1234]

I would also suggest applying for a CPL as soon as possible to make use of those exceptions.

 

[User 1234]

RCW 9.41.092: Licensed dealer deliveries—Background checks. (<i>Effective until January 1, 2019.</i>)

Your customer might want to take this printout with her to discuss it with her LGS to resolve the difference of opinion. Maybe the LGS received some contrary instructions from a state agency or is concerned about some local law?

 

[AFS]

I was pretty sure the info she was given was incorrect. Thank you all for your insight!! I really appreciate it!

 

[WALawyer]

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

 

[AFS]

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

There's definitely a lot of mis-information out there. No one is perfect and knows everything either. That's why it's important for us to ask these questions and share information so we can all learn something from each other. The vast majority of the FFL's I know understand this and don't want to spread bad information.

 

[SHOTS_FIRED]

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

just my opinion here but from reading this thread sounds to like you should get your washington FFL and THEN we will have and EXPERT we can ask questions off. Either that or your CLINTS are LYING to you

 

[WALawyer]

My clients could be lying to me, I don't discount that possibility. I'll also add that 95% of information shared by law enforcement agencies is also complete crap. FFLs are definitely not the only ones spreading misinformation.

 

[fredridge]

<- not an ffl, just a customer who moved here recently.

I was told something similar by a local ffl - I went and looked for the RCW and I could understand how it could be read that way, but the way I read it was that the time limit was for someone who did not have a permanent Washington address and was not about how long they lived her, but proof that they were a resident.

I didn't pursue it because as a new person from CA I decided I wanted to walk in and walk out the same day for my first purchase here, so I just waited until I got my cpl and then went and bought something

 

[fredball]

My clients could be lying to me, I don't discount that possibility. I'll also add that 95% of information shared by law enforcement agencies is also complete crap. FFLs are definitely not the only ones spreading misinformation.

Sounds like shotsfired has it in a nut shell , police Are not FFL's and your clients are lying to you why do you feel a need to put down the FFL and can you post here the names of said FFL's or is this like your other statement heresay just trying to be devils advocate

 

[WALawyer]

I am not putting down any FFLs, I am issuing a warning for people to be careful when acting on any legal advice obtained from an FFL. Hell, even most lawyers don't know what they are doing or saying when it comes to firearm law. Again, the culprit is mostly the overly complicated regulatory framework in place. It makes it difficult to know what is right and what is not.

 

[User 1234]

Interestingly I ran into this very misunderstanding today at an FFL. Their concern is that they can't transfer a pistol to someone who has a WA resident CPL and WA driver's license if they haven't lived in WA 90 days. The main problem is that people don't actually read the law, they don't point to a specific statute, they just go with whatever the rumor mill or their hunch tells them the law might be.

 

[Ops]

9.41.092
Licensed dealer deliveries—Background checks. (Effective until January 1, 2019.)
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.

----------------------------------

So 10 business days is 2 weeks , 60 would be 12

so in theory 3 months or 84 days

 

[justcuz]

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

I am not putting down any FFLs, I am issuing a warning for people to be careful when acting on any legal advice obtained from an FFL. Hell, even most lawyers don't know what they are doing or saying when it comes to firearm law. Again, the culprit is mostly the overly complicated regulatory framework in place. It makes it difficult to know what is right and what is not.

Interestingly, for someone professing to be an attorney in the Evergreen state, there seems to be a tremendous amount of pontification of little substance to provide any type of viable response...

Let's see what the WA authorities state regarding the residency requirements:

The Department of Revenue presumes that a person is a resident of this state if he or she does any of the following, quote

• Maintains a residence in Washington for personal use;
• Lives in a motor home or vessel which is not permanently attached to any property if the person previously lived in this state and does not have a permanent residence in any other state;
• Is registered to vote in this state;
• Receives benefits under one of Washington's public assistance programs;
• Has a state professional or business license in this state;
• Is attending school in this state and paying tuition as a Washington resident or is a custodial parent with a child attending a public school in this state;
• Uses a Washington address for federal or state taxes;
• Has a Washington State driver's license; or
• Claims Washington as a residence for obtaining a hunting or fishing license, eligibility to hold public office or for judicial actions. Unquote Washington State residency definition | Washington Department of Revenue

Oh lookie...WAlawyer it seems this isn't a complicated FFL problem after all but a state residency issue, hummm RTFQ is what my basic TI always said... [btw WAlawyer, consulting fee due is $300!]

 

[fredball]

FEDERAL LAW IS NOT STATE LAW
being a resident is one thing buying a Firearm falls under FEDERAL LAW
I'm not positive but I think the 90day rule is to eliminate straw purchases.
better ask the wa,lawyer.

 

[Ops]

Does a licensee who conducts a NICS check have to comply with State waiting periods before transferring a firearm? | Bureau of Alcohol, Tobacco, Firearms and Explosives


Compliance with Federal background check provisions does not excuse a licensee from compliance with State law

 

[NWCustomFirearms]

Look, nothing against FFLs, you guys are trying to do your job within an incredibly complicated regulatory framework, but 95% of stuff my clients tell me FFLs told them is complete crap.

First thing I tell people anytime they ask a question regarding the law is, I AM NOT A LAWYER! lol Seriously, I give answers to the best of my knowledge but always refer them to the local sheriffs office or to contact an attorney.

 

[User 1234]

I would not count on any law enforcement agency to either be willing to give legal advice or if willing to give accurate legal advice on a topic. So many people hear a rumor about a "law" that they repeat it as the rule even though there is actually no such law on the books. Or there is a similar law on the books and they just skim it over without reading when it actually applies.