Possessing unregistered firearms

[Dsmiley49]

A discussion at work has me wondering what WA state says about owning and transporting an unregistered firearm.

Say a guy is going out to his favorite "private shooting range" and has his dads hand me down shotgun in the truck that was never transferred at local ffl. He gets pulled over and officer runs serial numbers and finds the weapon is not registered to you, what's the consequence? How bout a pistol that's unloaded in a case under same circumstances listed above?

Any help would be appreciated! Thanks

[bobcat]

There's no such thing as registration in this state. At least not yet!

[cem3434]

There's no such thing as registration in this state. At least not yet!

Perfectly legal to possess.

[Tracker0721]

When you do the FFL paperwork that doesn’t get filed into a database. That’s not registered to you. It’s a Washington law not a federal law so ATF doesn’t log it. The state doesn’t either and the gun shop only has to keep paper record. If a cop pulls you over and wants to run your serial numbers, which has never happened to me, it’s to see if they’re stolen and that’s it. Which to do that they’d usually need probable cause. Tons of guns were sold privately since that law and I’ve yet to hear them catch someone. Just another unenforceable law.

[hughjorgan]

There's no such thing as registration in this state. At least not yet!

I believe they keep records of handguns in our state. Defacto registry

[Dsmiley49]

Thanks!

[kselkhunter]

The closest thing WA has to any registration law is RCW 9.41.139.  Which isn't even defined.  It was part of the latest idiotic 1639 measure. It gives the state agencies 12 months to come up with a cost effective process to verify on an annual basis that persons who purchased handguns and semiautomatic rifles are still eligible to possess them every year.  Meaning they will find a way to track purchases of those handguns and semiautomatic rifle purchases starting after July 1, 2019.  But have no process or method in place to do it yet.  There is no way they can do anything to you for guns purchased prior to that date. 


There is no federal firearm registry.  And hundreds of millions of guns have been transferred in this country without a registry or any way of tracking who has what gun.  There are many guns in circulation with the same serial numbers.  German factories started every year over a "0" with the M98 Mausers and there are millions of those in circulation.  There is no way a government agency could keep any of that straight if say 327 of the same exact serial number existed on US soil.  No, I wouldn't worry about enforcement of a registry on an older gun, even if a new silly law were written. 

[huntingfool7]

There's no such thing as registration in this state. At least not yet!

I believe they keep records of handguns in our state. Defacto registry

Hugeorgan is right on this one. 

"The Washington Department of Licensing is authorized by law to keep copies or records of applications for concealed pistol licenses, copies or records of applications for alien firearm licenses, copies or records of applications to purchase handguns, and copies or records of handgun transfers."
- https://lawcenter.giffords.org/retention-of-sales-background-check-records-in-washington/

[skills]

I know a person or two that won't buy papered guns.  Totally legal
 

[Stein]

The state does have a database for handguns.  When the police pull you over and run your plates, they know every handgun you have purchased legally with a background check for at least 20 years.  I have seen mine and it went back to the first handgun I bought in 1999.

[bobcat]

So they have records of handuns that were purchased but they don't know who owns them now. Like the Ruger 9mm I bought back in 1997, but sold several years later. The state doesn't have any records of who bought it. And either do I.

[huntingfool7]

So they have records of handuns that were purchased but they don't know who owns them now. Like the Ruger 9mm I bought back in 1997, but sold several years later. The state doesn't have any records of who bought it. And either do I.

I don't disagree on the above.  The concern is that when they decide you can't own handguns, they will use that list as reasonable cause for searches. 

[konradcountry]

Family member transfers are exempt so a handed down shotgun wouldn't count even if there was a gun registry (which there isn't).

[ThomMedic]

Four years ago my truck was smashed into in Seattle and a .22 pistol was stolen. I had to go to Olympia DOL on Black Lake Blvd to get some information on it. They told me at the time they were a year or more behind in building some sort of database. I believe it was storing handgun purchases.

[Bofire]

I own a few old Winchesters  that have no number at all.
Carl

[STRINGSHOOTER]

Are you referring to the grampa who got arrested for shooting 2 armed intruders in his home? He was arrested because of an unregistered handgun he got from family, not because he killed two people. It depends upon the state and state law. WA does not currently require any info on firearms passed within family, but that could change...probably next on agenda.

[ne kid]

What unregistered guns? Dont know anything about them.

[brew]

Are you referring to the grampa who got arrested for shooting 2 armed intruders in his home? He was arrested because of an unregistered handgun he got from family, not because he killed two people. It depends upon the state and state law. WA does not currently require any info on firearms passed within family, but that could change...probably next on agenda.

where do you find the info on family pass downs ?  I have *ahem* a gun or two that when I'm gone  would like to pass down to my family members without all the BS paperwork and transfer fees


thanks

[pianoman9701]

Are you referring to the grampa who got arrested for shooting 2 armed intruders in his home? He was arrested because of an unregistered handgun he got from family, not because he killed two people. It depends upon the state and state law. WA does not currently require any info on firearms passed within family, but that could change...probably next on agenda.

where do you find the info on family pass downs ?  I have *ahem* a gun or two that when I'm gone  would like to pass down to my family members without all the BS paperwork and transfer fees


thanks

On a philosophical level, how's anyone going to know if, when, and where you passed firearms to your direct relatives? On a legal level:
RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions. (Effective July 1, 2019.)
(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, fulfilling all federal and state recordkeeping requirements, and complying with the specific requirements and restrictions on semiautomatic assault rifles in chapter 3, Laws of 2019.
(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;

[brew]

Are you referring to the grampa who got arrested for shooting 2 armed intruders in his home? He was arrested because of an unregistered handgun he got from family, not because he killed two people. It depends upon the state and state law. WA does not currently require any info on firearms passed within family, but that could change...probably next on agenda.

where do you find the info on family pass downs ?  I have *ahem* a gun or two that when I'm gone  would like to pass down to my family members without all the BS paperwork and transfer fees


thanks

On a philosophical level, how's anyone going to know if, when, and where you passed firearms to your direct relatives? On a legal level:
RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions. (Effective July 1, 2019.)
(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, fulfilling all federal and state recordkeeping requirements, and complying with the specific requirements and restrictions on semiautomatic assault rifles in chapter 3, Laws of 2019.
(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;

thanks for the info pianoman9701....I guess philosophically what I was referring to was can they (whoever "they" may be) see when I purchased the firearm (if I bought from a store) and if I purchased it after a certain date and someone else has the gun should there have been a transfer ?  Another question I have is I married my wife and she had 2 children age 5 & 6 from a previous marriage and I have raised them for the past 30 years but never "adopted" them.  I consider them my children and they consider me their father. they both have had kids so I have "grandchildren" and have firearms dedicated to them.  I guess this RCW applies to that so I'm not really gonna worry about the transfer

[brew]

I guess if it comes down to it I can will them to the wife and she can give them to the kids and grandkids cuz they are her blood

[Freedumb88]

These new bills are all bs i shouldnt have to be nervous about hunting with a riffle just because it isnt in my name or lie about how i got it when im legal to own and legaly obtained everything ive ever owned how would they prove the gun wasn't passed down from a family member anyway

[bornhunter]

What unregistered guns? Dont know anything about them.

[Special T]

@Pman  this has everything to do with limiting the amount of variables the state has to investigate.  When you look at the mandatory  no digital database AND restrictions on past private sales this is an attempt to narrow down the list of suspects.  Eliminating private sales does a lot as time goes by. Put restrictions on manufacturing firearms and you complete the loop.

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