Posted: 7/16/2006 4:48:31 AM EDT
| I have a friend that lives in a state that allows SBRs and he legally owns a couple of shortys there. They're registered and he paid uncle Sam his fees. My friend may be moving to WA sometime in the near future and he asked me to look into what the legal aspects of this situation would be. I know SBRs aren't allowed here, but being that he already legally owns these guns (and has for some time now), is there any way he can hang on to them in WA? I told him that I thought he would be SOL, and that he would probably end up having to sell them off or at the very least leave them with someone in the state they live in now. Am I correct or are there other options? |
You are correct |
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from what I know that is correct. But I ran into someone yesterday that said he was allowed by the ATF to bring is class 3 weapons and SBR into WA when he moved here(from a Class 3 state)........I called BS but the guy seemed to have enough knowledge of other weapons aspects that he might not have been full of it, said he was fully aproved by the ATF. I find it hard to beleive though..... BS or not? |
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Yup. Tell your buddy to watch his cornhole |
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WA revised code 9.41.190 Unlawful firearms - Exceptions section (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law. This means if his SBR's were registerd with the ATF prior to July 1, 1994, he should have no problem bringing them into WA state (assuming the ATF paper work is filed for moving NFA from state to state). SBR's registered after that date are verbotten for the regular citizen. Law enforcement and Class 3 dealers are excempted from the July 1, 1994 clause. |
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I do not know what the correct answer is. I am only throwing in a few stories I have been told. I hope the info I have is wrong.  1. I was "told" that the exemption noted above ( WA revised code 9.41.190 ) is for machine guns and SBR's originally registered in Washington State...basically fancy wording for a "Grandfather" rule. I know of a few people here in WA that have SBR's and machine guns that were legally registered and owned here in WA. 2. I have also "been told" that if you are the lucky owner of one (or more) of these rare "Originally registered in Washington machine gun and/or SBR's" - you are going to be the last one to own it...in Washington State that is.  The individual told me there is no legal way to pass it down to your children or relatives when the time comes - it can only be sold to someone in a Class 3 State. No way to even transfer "Grandfathered" weapons in the State. I guess they want to make sure they are gone for good once the lucky owners pass away.  Blackgun_Fun Dictionary entry for Washington State: Washington = "Wishing-I-could-own-one" |
| If you are willing to pay the fees(Annually) you can own SBR's and full-autos. My FFL has the legal ability to turn an AR15 into a M16, He can only sell to LEO MIL or someone else with the same licenses that he has. I can't remember how much he has to pay, but it ain't cheap. |
I'm assuming you mean to THE Military, not to anyone IN the military. Hmmmmm Maybe I should talk to the Provost Marshall about a Department Letterhead letter of Authorization.................... Anybody out there have any experience with that? |
IIRC reading through the regs you have to actually sell the stuff to the military. Its not a sign off anymore like it used to be. At one point I think all reserves and active could still get the good stuff but at some point the gungrabbers stopped that... ETA tell your buddy to get a safe deposit box and or store them at a relatives house. I think they can't be complete SBR's stored but the registered parts are the receivers. They might be worth a lot of money one day and he is already spent to cash on the tax stamp... |
IIRC the original draft of the NFA banned ALL pistols as well. If they were going to ban pistols, than SBRs would be the next most pistol-like thing, so they'd obviously need to be taxed into oblivion. |
