Hunting Washington Forum

Equipment & Gear => Guns and Ammo => Topic started by: Bill W on October 02, 2015, 02:12:28 PM

Title: does waiting period apply to private handgun sales
Post by: Bill W on October 02, 2015, 02:12:28 PM: I was struck with a thought while reading the latest handgun for sale post. The transfer needs to be done by an FFL holder. Does the waiting period and background check also apply when done by a FFL holder?
Title: Re: does waiting period apply to private handgun sales
Post by: Blacktail Sniper on October 02, 2015, 02:25:25 PM: If the buyer does not have a concealed carry permit, yes.
Title: Re: does waiting period apply to private handgun sales
Post by: Bill W on October 02, 2015, 03:22:37 PM: In theory the FFL only transfers the firearm as a transaction. They aren't selling it. That's what lead to me wondering what was required. I'll have to ask next time I'm in the sporting goods store.
Title: Re: does waiting period apply to private handgun sales
Post by: Blacktail Sniper on October 02, 2015, 03:28:48 PM: Does not matter, read section 3(b) in short it says they are to treat it just as if they were selling it and comply with all laws.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.113
Title: Re: does waiting period apply to private handgun sales
Post by: Bill W on October 02, 2015, 03:30:34 PM: Quote from: Blacktail Sniper on October 02, 2015, 03:28:48 PM
Does not matter, read section 3(b) in short it says they are to treat it just as if they were selling it and comply with all laws.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.113

there be the answer!
Title: Re: does waiting period apply to private handgun sales
Post by: WAnoob on October 02, 2015, 03:39:05 PM: Sorry to jump in your thread, so essentially if I wanted to sell a handgun here I would have to meet the buyer at a dealer and then they would have to wait 10 days to receive the pistol pending a background check?

Thanks, :sry:
Title: Re: does waiting period apply to private handgun sales
Post by: Blacktail Sniper on October 02, 2015, 03:43:44 PM: As said, unless the buyer has a concealed carry permit, it is no different than buying one from some place like Cabela's and not have a concealed permit.

That is how the law was written.
Title: Re: does waiting period apply to private handgun sales
Post by: WAnoob on October 02, 2015, 03:58:23 PM: Quote from: Blacktail Sniper on October 02, 2015, 03:43:44 PM
As said, unless the buyer has a concealed carry permit, it is no different than buying one from some place like Cabela's and not have a concealed permit.

That is how the law was written.

Thank you, much appreciated.
Title: Re: does waiting period apply to private handgun sales
Post by: Bob33 on October 02, 2015, 04:00:58 PM: Where is the mandated waiting period?
Title: Re: does waiting period apply to private handgun sales
Post by: WAnoob on October 02, 2015, 04:07:53 PM: Quote from: Bob33 on October 02, 2015, 04:00:58 PM
Where is the mandated waiting period?

I've heard other people say it was 10 days on here, but not everything you read on forums is true :rolleyes: I am not sure that is why I'm following this thread.
Title: Re: does waiting period apply to private handgun sales
Post by: DIYARCHERYJUNKIE on October 02, 2015, 04:10:24 PM: That's if your not turned down without cause.
Title: Re: does waiting period apply to private handgun sales
Post by: WAnoob on October 02, 2015, 04:14:01 PM: All makes sense now, thanks!
Title: Re: does waiting period apply to private handgun sales
Post by: Bob33 on October 02, 2015, 04:18:56 PM: Quote from: WAnoob on October 02, 2015, 04:14:01 PM
All makes sense now, thanks!
What is RCW that mandates a waiting period?
Title: Re: does waiting period apply to private handgun sales
Post by: WAnoob on October 02, 2015, 04:23:45 PM: Quote from: Bob33 on October 02, 2015, 04:18:56 PM
Quote from: WAnoob on October 02, 2015, 04:14:01 PM
All makes sense now, thanks!
What is RCW that mandates a waiting period?

:dunno: Can someone chime in please?
Title: Re: does waiting period apply to private handgun sales
Post by: carpsniperg2 on October 02, 2015, 04:29:02 PM: Quote from: Bob33 on October 02, 2015, 04:18:56 PM
Quote from: WAnoob on October 02, 2015, 04:14:01 PM
All makes sense now, thanks!
What is RCW that mandates a waiting period?

RCW 9.41 new section 4. Bottom of page 9. Top of page 10 sections 1 and 2.

http://sos.wa.gov/_assets/elections/initiatives/FinalText_483.pdf

If the buyer has a carry permit then the ffl can do the check like standard business. If they do not the paper work is submitted to law enforcement in the county/city they reside and they have 10 days to respond if they respond sooner and the result are proceed the gun can be transferred sooner. If not after 10 day the dealer may transfer. IN some cases the waiting period is 60 days is the person has not been a resident for the previous 90 days.
Title: Re: does waiting period apply to private handgun sales
Post by: Bob33 on October 02, 2015, 07:40:57 PM: Quote from: carpsniperg2 on October 02, 2015, 04:29:02 PM
Quote from: Bob33 on October 02, 2015, 04:18:56 PM
Quote from: WAnoob on October 02, 2015, 04:14:01 PM
All makes sense now, thanks!
What is RCW that mandates a waiting period?

RCW 9.41 new section 4. Bottom of page 9. Top of page 10 sections 1 and 2.

http://sos.wa.gov/_assets/elections/initiatives/FinalText_483.pdf

If the buyer has a carry permit then the ffl can do the check like standard business. If they do not the paper work is submitted to law enforcement in the county/city they reside and they have 10 days to respond if they respond sooner and the result are proceed the gun can be transferred sooner. If not after 10 day the dealer may transfer. IN some cases the waiting period is 60 days is the person has not been a resident for the previous 90 days.
I'm still not seeing a mandatory waiting period. The dealer can deliver the gun as soon as the background check comes back with no issues. That is true regardless of whether the purchaser has a CPL or not, as I read it.

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.
Title: Re: does waiting period apply to private handgun sales
Post by: carpsniperg2 on October 02, 2015, 08:06:33 PM: Yes that is correct bob. No minimum wait unless the background check results are unknow. Until they are known or 10 days have passed. A dealer cannot release a handgun.

There is no set minimum a dealer has to wait. As soon as the results are know as proceed it can go out the door.
Title: Re: does waiting period apply to private handgun sales
Post by: Bob33 on October 02, 2015, 08:14:39 PM: Quote from: carpsniperg2 on October 02, 2015, 08:06:33 PM
Yes that is correct bob. No minimum wait unless the background check results are unknow. Until they are known or 10 days have passed. A dealer cannot release a handgun.

There is no set minimum a dealer has to wait. As soon as the results are know as proceed it can go out the door.
Which is usually the case, regardless of whether or not the buyer has a CPL.
Title: Re: does waiting period apply to private handgun sales
Post by: carpsniperg2 on October 02, 2015, 08:21:04 PM: Yes. Typically when a person does not have one. It takes several days for the results to be known after it has been submitted to the leo's. At least that is what I see through my shop. 2-5 is typical.
Title: Re: does waiting period apply to private handgun sales
Post by: Old Dog on October 03, 2015, 12:33:31 AM: Bob33, It appears you are confusing a long gun sale with a hand gun sale. In a long gun sale there is just the federal form 4473 to fill out, and it is an "instant check". In the case of a hand gun without a WCCP(Washington Concealed Carry Permit) there is also a state form to fill out that is submitted by fax to your local LEO. If the buyer has a WCCP then they have already met the states requirement. Both the federal and state form are filled out, but the dealer is allowed to proceed with the "instant check" as they would with the long gun sale.
Title: Re: does waiting period apply to private handgun sales
Post by: Igottanewknee on October 03, 2015, 10:39:01 AM: Quote from: CAMPMEAT on October 02, 2015, 05:29:24 PM
....or, if you want to avoid the I-594 liberals law, if your gun was bought before Dec 13th (?) 2014, you don't need to do any transfer, if not wanting to register or transfer said gun, Right ? Who's going to know, right ? You never had to transfer any gun before that stupid law was put into effect by gun haters. :tup:
I couldn't agree more!!! Of course I have a Washington CCP, so why should I have to give someone $20 to $50 for no reason??? Apparently I've met the requirements by having the concealed carry permit, so why throw that money away?
Wait, this might be considered thread jacking. Better watch myself....
Title: Re: does waiting period apply to private handgun sales
Post by: Lucky1 on October 04, 2015, 03:35:15 PM: Quote from: CAMPMEAT on October 02, 2015, 05:29:24 PM
....or, if you want to avoid the I-594 liberals law, if your gun was bought before Dec 13th (?) 2014, you don't need to do any transfer, if not wanting to register or transfer said gun, Right ? Who's going to know, right ? You never had to transfer any gun before that stupid law was put into effect by gun haters. :tup:
That's true, but most guys on here would not take a chance of jeopardizing their gun rights by selling or buying from someone they don't know without doing it legally. It could be a cop trying to set up a sting. I don't want to be paranoid, but it could happen. I gave all my guns away before the law went into effect. Is it ok under the law for the new owners to let me use the guns I gave them? Maybe I gave them half ownership. We both own them. Yeah that's it. We both own them.
Title: Re: does waiting period apply to private handgun sales
Post by: Bofire on October 04, 2015, 07:12:55 PM: do you think cops are setting up sting buys to bust people that do not use a real transfer agency???
Carl???
Title: Re: does waiting period apply to private handgun sales
Post by: Lucky1 on October 04, 2015, 07:42:24 PM: No. But they could. Especially if someone made a enemy who wanted to set them up.
Like I said. It "could" happen.
Title: Re: does waiting period apply to private handgun sales
Post by: Bofire on October 06, 2015, 05:47:06 PM: about 3 weeks ago a person on this site wanted to buy a shotgun from me. As soon as I said we must go thru a transfer, he bailed I never heard another word.???? a felon or a cop??? :dunno: :dunno:
Carl
Title: Re: does waiting period apply to private handgun sales
Post by: notsosneaky on October 06, 2015, 05:53:37 PM: Violation of I-594 is a misdemeanor on first offense by the way.

ETA:
The law is complete *censored*.