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Washington State: Firearm Gift Buy

Discussion in 'Legal & Political Archive' started by golfnutrlv, Feb 18, 2010.

  1. golfnutrlv

    golfnutrlv Spokane, WA Member

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    Hello everyone, its been a while since I posted here, but have a question and need some experienced advice.

    I am thinking about buying my best friend a new Sig Mosquito for his upcoming birthday. I know that this is within the law here in WA, but what is the exact procedure, or things I have to do.

    Do I fill out the paperwork, does he fill it out, etc.

    I have both a WA CPL, and a Utah CFP. My friend is over 18, but not yet 21, and I am just trying to make sure I am following the law in this situation.

    Thanks everyone!!!
     
  2. komodo_dragon

    komodo_dragon Enumclaw New Member

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    Check with your FFL. They will have the proper paperwork.
     
  3. wsu 5.9er

    wsu 5.9er Spanaway WA Member

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    You would need to fill out the paperwork, as your friend is not 21.
     
  4. cbzdel

    cbzdel Tacoma, WA Member

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    I thought you had you had to be 21 in WA to own a handgun? Or is it just to buy one from a dealer? Seems like there may be a gray area around the age limit that I never knew about?
     
  5. ORBrit

    ORBrit Eugene Member

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    FFL Sale - have to be over 21.
    Private sale of gifting - have to be over 18 to own.

    Kinda backwards if you ask me. I'd think that the FFL sale (with background check) to 18 year old and private sale to over 21 would make more sense.

    And don't tell the dealer it's for someone else as a gift. They don't need to know or pass judgment on their interpretation of the law!
     
  6. golfnutrlv

    golfnutrlv Spokane, WA Member

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    So, tell me if this process seems legal/correct to you guys.

    I buy the gun, fill the paperwork out in my name, as it is my gun as far as WA and the dealer are concerned.

    Then, I gift the firearm to my friend at a later date. As I understand, there is no paperwork requirement for a private "sale" in Washington, as this wouldl essentially be a sale to him for $0.

    Am I on the right track???

    Thanks all,
     
  7. ORBrit

    ORBrit Eugene Member

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    you got it!
     
  8. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Just to be clear, there is no paperwork or reporting requirement for a firearm "transfer" in Washington. The transaction is a "transfer" whether by sale or gifting. This is legal as long as you believe the receiving person is not a prohibited person and is a Washington resident. A reasonable assumption is all that is needed, no background check. Washington has a voluntary registration system but I have never used it and only been asked to fill it out once as sort of a bill of sale, not filed. You are gifting the gun to your friend, not "sort of a sale". I am referring to a FTF private party transaction.
     
  9. golfnutrlv

    golfnutrlv Spokane, WA Member

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    Thanks everyone for the replies. This clears things up a lot.

    Thank you!!
     
  10. buyamonkey

    buyamonkey West vancouver WA Member

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    Hi Friend!
    My Birthday is in July if you were wondering. A Mosquito sounds perfect, how thoughtful. :laugh:
     
  11. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Exactly.
     
  12. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    I would want a bill of sale, or in this situation, a gift receipt. The firearm, if ever used in a crime will be traced back to you. CYA.
     
  13. buick455

    buick455 se portland Member

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    the paper work you fill out or the phone call made at the gun shops is only to be kept by the athorities for 30 days (or maybe it's 3 months?) to insure that it was not purchased with the intent to supply a criminal.... so unless the local gun shop is in the business of giving away records a firearm should not be traced back to you
     
  14. d1esel

    d1esel Ridgefield WA. Member

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    Wrong.... In Washington state the Department of Licensing keeps a permanent record.(on handguns)
     
    Last edited: Feb 24, 2010
  15. smurf hunter

    smurf hunter Auburn, WA Active Member

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    As a matter of practice, or is that the legal process? That contradicts what I have been told.
     
  16. d1esel

    d1esel Ridgefield WA. Member

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    I should have clarified. That applies to handguns only.

    When you purchase a handgun in the state of Washington you are required by the dealer to fill out a special state form that contains quite a bit of information, most of which is a duplicate of what you already put on the Federal 4473 form. Just extra writing for you and your dealer. This document will contain the description of the weapon down to barrel size, caliber and serial #. The dealer must then send one of the triplicate forms to the local sheriff, who must than waste your tax dollars running the exact same check the dealer previously ran for background. He than contacts the dealer with a “okay or not okay” to transfer and mails the form back to the dealer.

    Lastly after the transfer of the handgun occurs the dealer keeps the master copy of the state handgun record in his files, however he is required to immediately send the 3rd copy of the triplicate to the state licensing agency in Olympia Washington. So yes, the state of Washington does have a record of every handgun you purchase in the state if it comes legally from a dealer.