Gifting a handgun in WA state ?
My dad has a 1955 S&W K22 that was my grandfather's (mom's dad). He never shoots it if not with me. The last time was probably 1999. I'm thinking of buying a Ruger Mark III and offering him a trade. Does anybody know the firearm laws of WA state concerning gifting a handgun?
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If you are both residents of Washington state, and not a person prohibited from owning guns, not an issue. WA has no registration of ordinary firearms.
If not, he cannot acquire a handgun directly from resident of another state, nor can you.0 -
There are several factors here that need to be considered, but "gifting" is not one of them.
First, both of you must meet the federal requirements to possess a gun.
Second, WA has few obstacles to acquiring & disposing of firearms, according to State Laws and Published Ordinances - Firearms (ATF P5300.5).
Third, WA is a firearms preemption state, meaning that state law prohibits local jurisdictions from enacting their own firearms laws.
Finally, & most importantly, federal laws on interstate transfer still apply, even within families. The receiving person can take possession only through an FFL in his own state. Obviously, if you go out & buy a gun from your dealer tomorrow, & it somehow comes under scrutiny by a LEO in another state next month & there is no transfer paperwork, someone will be in deep barack.
Neal0 -
When the event takes place in Washington state, the gitee/buyer is a resident, place handgun/rifle in hand and that is all.
As long as it's not one of those automatic jobbies or a built in suppressed numbers where the state wants their $200 stamp there is no need for a FFL trail. That is how I remembered it.0 -
quote:Originally posted by BTDT
quote:Originally posted by utbrowningman
My dad has a 1955 S&W K22 that was my grandfather's (mom's dad). He never shoots it if not with me. The last time was probably 1999. I'm thinking of buying a Ruger Mark III and offering him a trade. Does anybody know the firearm laws of WA state concerning gifting a handgun?
Make sure that he wants to trade in the first place.
You might be buying a gun that might end up staying with you.
So go through an FFL - problem solved.
If he does not want to trade, I can always use another .22.0 -
RCW 9.41.080
Delivery to ineligible persons.
No person may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW
9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.
[1994 sp.s. c 7 ? 409; 1935 c 172 ? 8; RRS ? 2516-8.]
I read the entire applicable secrions of the Revised Code of Washington and this is the only applicable section I found. My only question now is if Federal law prohibits me from taking a firearm across state lines for the purposes of gifting the firearm. I'll have to place a call to Washington State tomorrow. I am not a resident of Washington State.0 -
Federal law- Title 18 US Code 922 (a) (1) C 3
It shall be unlawful....
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter0
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