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Equipment & Gear => Guns and Ammo => Topic started by: Meatstick on October 07, 2016, 10:37:34 AM


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Title: Rifle sale question...
Post by: Meatstick on October 07, 2016, 10:37:34 AM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!
Title: Re: Rifle sale question...
Post by: Clearcut on October 07, 2016, 10:39:43 AM
FFL
Title: Re: Rifle sale question...
Post by: jackelope on October 07, 2016, 10:58:01 AM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.
Title: Re: Rifle sale question...
Post by: Meatstick on October 07, 2016, 11:33:17 AM
Thank you.
Title: Re: Rifle sale question...
Post by: WAcoueshunter on October 07, 2016, 11:43:11 AM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.

How about on an Indian Reservation?   :dunno:  Just a thought that occurred to me the other day, not sure if it's already been discussed here.
Title: Re: Rifle sale question...
Post by: jackelope on October 07, 2016, 11:44:37 AM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.

How about on an Indian Reservation?   :dunno:  Just a thought that occurred to me the other day, not sure if it's already been discussed here.

I suspect you might be fine as long as you never left the rez with the weapon.
:dunno:
Title: Re: Rifle sale question...
Post by: JDHasty on October 07, 2016, 12:07:34 PM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.

How about on an Indian Reservation?   :dunno:  Just a thought that occurred to me the other day, not sure if it's already been discussed here.

I suspect you might be fine as long as you never left the rez with the weapon.
:dunno:

How so?  I was thinking the same thing that the Tribal members could have a cottage industry going by letting people stand on their sovereign property and make a transaction that satisfies all federal requirements and it would be no different than me buying a firearm in Montana.  Basically the State of Washington doesn't have any say in the matter.   
Title: Re: Rifle sale question...
Post by: jackelope on October 07, 2016, 12:15:23 PM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.

How about on an Indian Reservation?   :dunno:  Just a thought that occurred to me the other day, not sure if it's already been discussed here.

I suspect you might be fine as long as you never left the rez with the weapon.
:dunno:

How so?  I was thinking the same thing that the Tribal members could have a cottage industry going by letting people stand on their sovereign property and make a transaction that satisfies all federal requirements and it would be no different than me buying a firearm in Montana.  Basically the State of Washington doesn't have any say in the matter.   

It was a guess more than anything, and I could be very wrong but... would federal laws apply?  They would if you bought a rifle in Montana once you cross state lines, right?
Really just thinking out loud. I have no idea.

Title: Re: Rifle sale question...
Post by: JimmyHoffa on October 07, 2016, 12:21:23 PM
I think the federal law allows transfer/sale in other states-areas as long as they conform to the laws of the home state of the buyer--so unless you lived on the rez and were under indian jurisdiction, the feds say you would go by WA law.  (I think)
Title: Re: Rifle sale question...
Post by: Evil_EdwardO on October 07, 2016, 12:33:18 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov
Title: Re: Rifle sale question...
Post by: jackelope on October 07, 2016, 12:56:19 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov


So this clears up the JDHasty Montana reference...not legal  unless through an FFL as described.
That almost makes it sound like you can't go to another state at all and purchase a firearm in person. Sounds like you'd have to ship it to an FFL in Washington and then do the paperwork.
:dunno:
@carpsniperg2  Do you know how this works?
Title: Re: Rifle sale question...
Post by: JDHasty on October 07, 2016, 01:03:04 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov


So this clears up the JDHasty Montana reference...not legal  unless through an FFL as described.
That almost makes it sound like you can't go to another state at all and purchase a firearm in person. Sounds like you'd have to ship it to an FFL in Washington and then do the paperwork.
:dunno:
@carpsniperg2  Do you know how this works?

Doesn't clear anything up.  You can make a face to face transaction with another private individual in most any other western State.  Let's say I am in Montana on vacation and a guy offers to sell me a rifle he legally owns... and unless he is a licensed firearms dealer, I can hand him the money and he can hand me the rifle and that's that.   
Title: Re: Rifle sale question...
Post by: Fl0und3rz on October 07, 2016, 01:20:54 PM
Selling rifle in WA question. Do I have to use anFFL or can I just sell directly to a buyer? I'm new to WA. So just making sure....

Thank you!

FFL is now required due to the new laws related to I-594.

How about on an Indian Reservation?   :dunno:  Just a thought that occurred to me the other day, not sure if it's already been discussed here.

I suspect you might be fine as long as you never left the rez with the weapon.
:dunno:

How so?  I was thinking the same thing that the Tribal members could have a cottage industry going by letting people stand on their sovereign property and make a transaction that satisfies all federal requirements and it would be no different than me buying a firearm in Montana.  Basically the State of Washington doesn't have any say in the matter.   

It was a guess more than anything, and I could be very wrong but... would federal laws apply?  They would if you bought a rifle in Montana once you cross state lines, right?
Really just thinking out loud. I have no idea.

I would guess that the ATF/WA would view that sale (non-tribal member to non-tribal member on tribal lands) as a sale that involves interstate commerce, or one where I-594 still applies, except as to perhaps (tribal to tribal member on tribal lands).

https://www.law.cornell.edu/uscode/text/18/922

http://www.ncai.org/initiatives/partnerships-initiatives/ncai-tax-initiative/PACT_Act_Comments_-_December_22,_2011.pdf

https://sos.wa.gov/_assets/elections/initiatives/FinalText_483.pdf
Title: Re: Rifle sale question...
Post by: carpsniperg2 on October 07, 2016, 01:25:29 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov


So this clears up the JDHasty Montana reference...not legal  unless through an FFL as described.
That almost makes it sound like you can't go to another state at all and purchase a firearm in person. Sounds like you'd have to ship it to an FFL in Washington and then do the paperwork.
:dunno:
@carpsniperg2  Do you know how this works?

As far as the reservation question I have not a clue. I think federal laws still are in effect on a reservation so I would think those laws would apply. I am not sure about state laws like 594. No clue

Now state to state there is a few things in the mix. You me or anyone can go purchase a long gun in Oregon from a ffl and do the background check there and bring it into Washington without any problems. However with handguns you can buy them in another state like Oregon but they must be sent to a ffl. My understanding is in the atf quote above for private sales. From one resident of one state to a resident of another state.
"Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides." So I do not think it's legal to go buy private party and bring a long gun back to wa. Handguns always have to be sent to a ffl.
Title: Re: Rifle sale question...
Post by: Fl0und3rz on October 07, 2016, 01:27:31 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov


So this clears up the JDHasty Montana reference...not legal  unless through an FFL as described.
That almost makes it sound like you can't go to another state at all and purchase a firearm in person. Sounds like you'd have to ship it to an FFL in Washington and then do the paperwork.
:dunno:
@carpsniperg2  Do you know how this works?

Doesn't clear anything up.  You can make a face to face transaction with another private individual in most any other western State.  Let's say I am in Montana on vacation and a guy offers to sell me a rifle he legally owns... and unless he is a licensed firearms dealer, I can hand him the money and he can hand me the rifle and that's that.   

I think you'll want to revisit 18 U.S. Code § 922 (a)(3).

https://www.law.cornell.edu/uscode/text/18/922
Title: Re: Rifle sale question...
Post by: JDHasty on October 07, 2016, 01:34:06 PM
From the ATF site:

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
www.atf.gov


So this clears up the JDHasty Montana reference...not legal  unless through an FFL as described.
That almost makes it sound like you can't go to another state at all and purchase a firearm in person. Sounds like you'd have to ship it to an FFL in Washington and then do the paperwork.
:dunno:
@carpsniperg2  Do you know how this works?

Doesn't clear anything up.  You can make a face to face transaction with another private individual in most any other western State.  Let's say I am in Montana on vacation and a guy offers to sell me a rifle he legally owns... and unless he is a licensed firearms dealer, I can hand him the money and he can hand me the rifle and that's that.   

I think you'll want to revisit 18 U.S. Code § 922 (a)(3).

https://www.law.cornell.edu/uscode/text/18/922

I have bought one rifle from out of State and that was north of three decades ago and it was a face to face deal and IIRC the guy selling it checked the laws in effect at the time before selling it to me.  You may be correct though. 
Title: Re: Rifle sale question...
Post by: Fl0und3rz on October 07, 2016, 01:36:34 PM
I can't speak to the timing of past sales and law changes.  It only appears that out of state transfer must go though an FFL, NOW.  As CS2 pointed out, handguns and long guns are treated differently.  :tup:
Title: Re: Rifle sale question...
Post by: jay.sharkbait on October 07, 2016, 01:40:49 PM
NICS  started in 1993 FYI
Title: Re: Rifle sale question...
Post by: Fl0und3rz on October 07, 2016, 01:42:44 PM
Ah, thanks.
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