User Panel
Posted: 3/20/2024 5:19:54 PM EDT
Does this mean what I think it means?
How come no one told me this? RCW 9.41.122 Out-of-state purchasing. Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter. [ 2015 c 1 § 6 (Initiative Measure No. 594, approved November 4, |
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I love this forum!
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[#1]
After reading it carefully, I'm sure it only applies to law abiding purchasers.
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[#2]
What do you think it means?
We can buy "Assault weapons" online and have them legally transferred by an FFL? (but the FFL itself can't "sell" it?) |
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[Last Edit: FightingMajor]
[#3]
See that makes it seem like you can go to Idaho and purchase a rifle or shotgun with just a NICS check as long as it is something that is legal in Washington.
I think there was a recent Washington Gun Law video that said if you went to Idaho that dealer would have to complete the transaction through the WSP SAFE system which would be impossible for an out-of-state FFL. |
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[#4]
Kidding aside, sellers in other states will surely do what many online suppliers are doing.
They'll just avoid the hassle and tell you to go back home. |
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[#5]
Federal law says the transaction has to be legal in BOTH states. So no, you can’t go to Idaho snd buy an AR15.
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[#6]
"That such residents are eligible to purchase or possess such weapons in Washington"
The choice of the word "or" sure is interesting |
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[#7]
If OP thinks it’s a loophole, I’m not seeing it.
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[#8]
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I love this forum!
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[#9]
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[#10]
How does an RCW regulate what happens in another state?
I've witnessed several out-of-state dealers sell all manor of rifles to WA residents with a simple NICS check. I assume YMMV. |
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"I know just what the facts is. You make yer livin' off other people's taxes."
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[#11]
Originally Posted By mordecai: How does an RCW regulate what happens in another state? I've witnessed several out-of-state dealers sell all manor of rifles to WA residents with a simple NICS check. I assume YMMV. View Quote All manner? I think that's ok only so long as the rifle could have been legally purchased in WA. Nothing salty and no pistols. |
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[Last Edit: mordecai]
[#12]
Oh, I meant all manner.
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"I know just what the facts is. You make yer livin' off other people's taxes."
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[Last Edit: Scollins]
[#13]
Originally Posted By mordecai: How does an RCW regulate what happens in another state? I've witnessed several out-of-state dealers sell all manor of rifles to WA residents with a simple NICS check. I assume YMMV. View Quote View All Quotes View All Quotes Originally Posted By mordecai: How does an RCW regulate what happens in another state? I've witnessed several out-of-state dealers sell all manor of rifles to WA residents with a simple NICS check. I assume YMMV. Because the federal law says that is has to be a legal purchase in both places. That's why CA residents can't just pop over to NV and buy AR15s. Now, in theory, you can go to Idaho and buy an AR15 as a WA resident. Technically you aren't breaking the law UNTIL you try and bring that rifle back to WA. That is now a violation of the "no importation" RCW. It's not an excuse, but the further away you get from a "border town" or "border state", the less likely a dealer is going to know WA laws. They do run the risk however of the ATF climbing up their ass if it shows up in an investigation/inspection/audit. "I see you sold a Colt AR15 to Mr Mordecai here, and he is a WA Resident. Should have been obvious to you that Mr Mordecai was going to return to WA with his purchase, which is illegal in his state, and you should have refused the sale. Now, where is your dog, we're going to shot it...." May an unlicensed person acquire a firearm under the GCA in any state? Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. A person may borrow or rent a firearm in any state for temporary use for lawful sporting purposes. [18 U.S.C 922(a)(3); 27 CFR 478.29] Last Reviewed April 12, 2022 from https://www.atf.gov/firearms/qa/may-unlicensed-person-acquire-firearm-under-gca-any-state |
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[#14]
I was in a gun shop in Prescott, AZ last month and had a conversation with the owner. He said I could buy any rifle or shotgun in the store, no waiting period. He said any handgun I wanted would need to be shipped to a dealer in WA.
Not sure if the background would have triggered anything. I chose not to be a test case. But if I buy a gun out of state and store it out of state, I could see this being none of WA’s business. Like I said, don’t want to be the test case. |
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[#15]
Originally Posted By Stumps: I was in a gun shop in Prescott, AZ last month and had a conversation with the owner. He said I could buy any rifle or shotgun in the store, no waiting period. He said any handgun I wanted would need to be shipped to a dealer in WA. View Quote Last century I was living in Phoenix for a few months and thought I’d get a Ruger 10/22. Went to a gun show and the seller wouldn’t sell me one because I was not an AZ resident. That was disappointing. On the way home I stopped at a pawn shop and told him the story. He said they were wrong and he had a couple to sell, make an offer. “$100?” “Sold!” I’m thinking, damn I should have started at a lower price. |
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[#16]
Originally Posted By Poppaduc: Last century I was living in Phoenix for a few months and thought I’d get a Ruger 10/22. Went to a gun show and the seller wouldn’t sell me one because I was not an AZ resident. That was disappointing. On the way home I stopped at a pawn shop and told him the story. He said they were wrong and he had a couple to sell, make an offer. “$100?” “Sold!” I’m thinking, damn I should have started at a lower price. View Quote Gunshow guy was not an FFL 'dealer', as a pvt person he can't sell to residents of another state. This rule took place sometime about twenty years ago, I think. FFL Dealers, like the pawnshop, can sell long guns to out of state residents -- But not handguns. |
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[Last Edit: mordecai]
[#17]
Originally Posted By Scollins: Because the federal law says that is has to be a legal purchase in both places. That's why CA residents can't just pop over to NV and buy AR15s. Now, in theory, you can go to Idaho and buy an AR15 as a WA resident. Technically you aren't breaking the law UNTIL you try and bring that rifle back to WA. That is now a violation of the "no importation" RCW. It's not an excuse, but the further away you get from a "border town" or "border state", the less likely a dealer is going to know WA laws. They do run the risk however of the ATF climbing up their ass if it shows up in an investigation/inspection/audit. "I see you sold a Colt AR15 to Mr Mordecai here, and he is a WA Resident. Should have been obvious to you that Mr Mordecai was going to return to WA with his purchase, which is illegal in his state, and you should have refused the sale. Now, where is your dog, we're going to shot it...." from https://www.atf.gov/firearms/qa/may-unlicensed-person-acquire-firearm-under-gca-any-state View Quote No disagreement except the part in blue. If I have a want or need for a legal item while out of state, use it there and leave it there, sell it, or store it in my 4th home, I'm not seeing how WA RCW has a very big say in what happens outside of WA (which was my original contention). |
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"I know just what the facts is. You make yer livin' off other people's taxes."
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[Last Edit: gunnut003]
[#18]
Originally Posted By Poppaduc: Last century I was living in Phoenix for a few months and thought I’d get a Ruger 10/22. Went to a gun show and the seller wouldn’t sell me one because I was not an AZ resident. That was disappointing. On the way home I stopped at a pawn shop and told him the story. He said they were wrong and he had a couple to sell, make an offer. “$100?” “Sold!” I’m thinking, damn I should have started at a lower price. View Quote View All Quotes View All Quotes Originally Posted By Poppaduc: Originally Posted By Stumps: I was in a gun shop in Prescott, AZ last month and had a conversation with the owner. He said I could buy any rifle or shotgun in the store, no waiting period. He said any handgun I wanted would need to be shipped to a dealer in WA. Last century I was living in Phoenix for a few months and thought I’d get a Ruger 10/22. Went to a gun show and the seller wouldn’t sell me one because I was not an AZ resident. That was disappointing. On the way home I stopped at a pawn shop and told him the story. He said they were wrong and he had a couple to sell, make an offer. “$100?” “Sold!” I’m thinking, damn I should have started at a lower price. Some TX Pawn shops won’t even show you a rifle if you don’t have a TX ID…😵💫 (nothing to do with WA, apparently) |
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-Only two defining forces have ever offered to die for you, Jesus Christ and the American G.I. ~ One died for your soul, the other for your freedom.
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[#19]
Originally Posted By mordecai: No disagreement except the part in blue. If I have a want or need for a legal item while out of state, use it there and leave it there, sell it, or store it in my 4th home, I'm not seeing how WA RCW has a very big say in what happens outside of WA (which was my original contention). View Quote That was from the perspective of the FAFT, who makes shit up on the fly to suit their agenda. Reason and logic are things they look to weed out of their JBTs..... |
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[#20]
The important loophole, if you're lucky enough to have family, exists in 9.41.113 (required BGC on transfers):
(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; Before leaving WA last year, but after the mag ban, I went to 4-5 retailers searching for standard mags for my G17 w/o success. Mags 10+ were very limited, and only AR mags amply available. Now, however, I can gift any firearm. Mags are iffy... since these transfers aren't tracked, when would "they" know it happened, without violating the 4th amendment? But man, it's so nice to buy a gun and take it home same day. Walk around a gun show and see piles of standard mags and what I call "high capacity mags" - 100rd drums. However, I still haven't discovered that "gunshow loophole" the antis keep talking about. |
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