Gun transfer laws regarding relatives?

[Webfoot]

Can someone help me with gun transfer laws regarding transfer between relatives?

[ELKBURGER]

I believe ALL transfers need to go through an FFL, even family....

[bobcat]

(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;

[ghosthunter]

RCW 9.41.113


Firearm sales or transfers—Background checks—Requirements—Exceptions.


(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.

(2) No person shall sell or transfer a firearm unless:

(a) The person is a licensed dealer;

(b) The purchaser or transferee is a licensed dealer; or

(c) The requirements of subsection (3) of this section are met.

(3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:

(a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.

(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.

(c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.

(d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.

(e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.

(4) This section does not apply to:

(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;

(b) The sale or transfer of an antique firearm;

(c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:

(i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and

(ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;

(d) A temporary transfer of possession of a firearm if: (i) The transfer is intended to prevent suicide or self-inflicted great bodily harm; (ii) the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and (iii) the firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;

(e) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;

(f) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;

(g) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; (v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or (vi) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;

(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or

(i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic.

[ 2017 c 264 § 2; 2015 c 1 § 3 (Initiative Measure No. 594, approved November 4, 2014).]


NOTES:


Finding—2015 c 1 (Initiative Measure No. 594): See note following RCW 9.41.010.

[ELKBURGER]

I believe ALL transfers need to go through an FFL, even family....

OR NOT..... Thanks for posting the WAC's

[Stein]

Looks like the exemption only covers gifts and loans?

[lucky7]

Section 4, sub section a is the loop hole that works for me.

[Bob33]

If we just lived in Arkansas we could transfer to anyone.

(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;

[Webfoot]

Thanks for all of the info guys. So my dad lives in Oregon and I live in Washington and he wants to give me all of his firearms, it looks like it can be done without any paperwork. Am I correct in my thinking this?

[Tiger1358]

Thanks for all of the info guys. So my dad lives in Oregon and I live in Washington and he wants to give me all of his firearms, it looks like it can be done without any paperwork. Am I correct in my thinking this?

I swear I have never seen anyone, even LEO confidently answering that question. No matter how many times I asked them , they all try to avoid that.
I called them several times asking that question and they all say," Well, this is what the law says". I don't even bother asking that question anymore, tired of those idiots

[Stein]

Keep in mind that any firearms purchased or transferred before the law took effect are not covered.  You could have bought them or been given them and if you have a signed, dated note you would be in the clear.  The state would need to prove when the transfer occurred.

Further, if any of them would be considered assault rifles, I would certainly do any transfers or purchases quickly as there is a new slew of requirements that may (likely) be coming shortly including a state database of owners of those firearms.

[CAMPMEAT]

DON'T TELL............they'd never know when that gun was GIVEN to your relative.

That's the worst law in the country infringing on our 2A rights.

Here in Arizona, you don't need anything to do anything with guns. No CCW permits. Selling a gun: you don't need to transfer. The only time you pay a transfers is when you buy a new gun.

[RB]

Not to hijack the thread, but in section 4 B what is an antique firearm considered?

[Griiz]

It seems to me, if your dad has owned them before the law kicked in, then didn’t he give them to you years ago? I sure don’t want the government knowing what I own the way things are going in this state.

[Webfoot]

When did this law go into effect?

[Bob33]

Not to hijack the thread, but in section 4 B what is an antique firearm considered?

(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

[longtrails]

When did this law go into effect?

Happened when I 594 passed

[RB]

Not to hijack the thread, but in section 4 B what is an antique firearm considered?

(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

Thanks!

[huntnphool]

 Don't forget the items are subject to tax.

[jaymark6655]

If we just lived in Arkansas we could transfer to anyone.

(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;

[Lincoln4]

When did this law go into effect?

Happened when I 594 passed

Four years ago!   

Actually looks like nearly 5 years ago!

[Knocker of rocks]

When did this law go into effect?

Happened when I 594 passed

Four years ago!   

Actually looks like nearly 5 years ago!

Actually passed almost exactly four years ago (1,463 days ago)

[bornhunter]

So that means he gave them to 1464 days ago.

[jmscon]

Thanks for all of the info guys. So my dad lives in Oregon and I live in Washington and he wants to give me all of his firearms, it looks like it can be done without any paperwork. Am I correct in my thinking this?

It shouldn’t matter where your dad lives or how long he’s owned the firearms, according to the rcw he can give you his guns with no transfers needed.

If the new laws pass I’m not sure what will happen to this if you are transferring something that will now be considered an assault rifle.

[huntnfmly]

So that means he gave them to 1464 days ago.

😆

[Knocker of rocks]

Thanks for all of the info guys. So my dad lives in Oregon and I live in Washington and he wants to give me all of his firearms, it looks like it can be done without any paperwork. Am I correct in my thinking this?

It shouldn’t matter where your dad lives or how long he’s owned the firearms, according to the rcw he can give you his guns with no transfers needed.

The RCW may not be the operative statute in this case, there may be superceding Federal laws
https://www.nrablog.com/articles/2016/4/buying-and-selling-a-firearm-giving-someone-a-gun/

[dreadi]

Can someone help me with gun transfer laws regarding transfer between relatives?

If your dad is OR resident and you are a WA, you have a couple options based on what firearms he is giving you. We'll stick with pistols and long-guns for now.

If your dad is giving you his pistols, they will need to be transferred to you by an FFL in WA.
If your dad is giving you his long-guns, they can be transferred to you by an FFL in Oregon or WA.
If you both decide to transfer all the firearms at one time at an FFL in WA, the FFL will not be required to collect Use Tax from you.
If your dad has an FFL send them to another FFL in WA, the FFL in WA will be required to collect Use Tax from you.

[bobcat]

Or, they're already yours, and you just drive to Oregon and pick them up. I sure wouldn't get any government entity involved.

[jackelope]

Once they cross state lines, the WA WAC's don't apply anymore. I did this several years ago. After a call the ATF for clarification, I had to transfer them all through an FFL holder. I didn't look into ways around the law as my grandmother was involved and I didn't want to potentially subject either of us to any legal issues.

[huntnfmly]

Or, they're already yours, and you just drive to Oregon and pick them up. I sure wouldn't get any government entity involved.

X2

[Knocker of rocks]

DON'T TELL............they'd never know when that gun was GIVEN to your relative.

While I wouldn’t recommend violating any law, I would recommend following Campmeat’s advice.

[CAMPMEAT]

Thanks for all of the info guys. So my dad lives in Oregon and I live in Washington and he wants to give me all of his firearms, it looks like it can be done without any paperwork. Am I correct in my thinking this?

I gave my boy a handgun that lived in Oregon. Since it was out of this commie state to another commie state, my FFL dealer it would be smart to do it legal.



If you drove down to get them, who'd know when you got them....

[Bofire]

 

[CAMPMEAT]

DON'T TELL............they'd never know when that gun was GIVEN to your relative.

While I wouldn’t recommend violating any law, I would recommend following Campmeat’s advice.

 

[ELKBURGER]

I just bought a new shotgun for one of my adult kids. They live in Oregon and I don't want to cause any issues either. Will they need to do a transfer? The exception is for gifting to family, but does the state line muddy the waters in this case?

[fowl smacker]

Who cares?  Give it to your family member and if it ever comes up somewhere say you gave it to them in 2010.

[huntingfool7]

If he JUST bought a new shotgun, HOW does he say he gave it away in 2010 with a straight face?

[ELKBURGER]

Who cares?  Give it to your family member and if it ever comes up somewhere say you gave it to them in 2010.

I thought of that but the SN probably says its a 2018 produced gun. I didn't see where the WAC or RCW exception specified any state line issue.

[Boss .300 winmag]

Who cares?  Give it to your family member and if it ever comes up somewhere say you gave it to them in 2010.

I thought of that but the SN probably says its a 2018 produced gun. I didn't see where the WAC or RCW exception specified any state line issue.

@bigtex

[highside74]

I just bought a new shotgun for one of my adult kids. They live in Oregon and I don't want to cause any issues either. Will they need to do a transfer? The exception is for gifting to family, but does the state line muddy the waters in this case?

How do they know what state you gave it to him in? You are allowed to gift to children and he is allowed to own in Oregon so I don't see an issue.

[Cougartail]

DON'T TELL............they'd never know when that gun was GIVEN to your relative.

While I wouldn’t recommend violating any law, I would recommend following Campmeat’s advice.

The only thing more laughable than the threat of being prosecuted for violating I-594 is lack of enforcement of immigration laws. I don't think a single person has been prosecuted?
I wouldn't worry in the slightest..



 

[dreadi]

I just bought a new shotgun for one of my adult kids. They live in Oregon and I don't want to cause any issues either. Will they need to do a transfer? The exception is for gifting to family, but does the state line muddy the waters in this case?

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

You could also go and visit your son in Oregon and the both of you visit an FFL to have the transfer completed, or he could come and visit you and have the transfer completed.

[Knocker of rocks]

Who cares?  Give it to your family member and if it ever comes up somewhere say you gave it to them in 2010.

I thought of that but the SN probably says its a 2018 produced gun. I didn't see where the WAC or RCW exception specified any state line issue.

@bigtex

If he's not a member of the bar he probably should not answer this, nor should legal advice questions be addressed to him in this manner.

[bobcat]

I just bought a new shotgun for one of my adult kids. They live in Oregon and I don't want to cause any issues either. Will they need to do a transfer? The exception is for gifting to family, but does the state line muddy the waters in this case?

I wouldn't worry about it. Just give it to him. You're allowed to give guns to your family without any paperwork. I wouldn't even waste one second thinking about it.

[huntnfmly]

I just bought a new shotgun for one of my adult kids. They live in Oregon and I don't want to cause any issues either. Will they need to do a transfer? The exception is for gifting to family, but does the state line muddy the waters in this case?

I wouldn't worry about it. Just give it to him. You're allowed to give guns to your family without any paperwork. I wouldn't even waste one second thinking about it.

X2

[jeff68]

80% paperweights good