Posted: 1/2/2009 7:46:45 PM EDT
| Are you allowed any fully automatic weapon in Washington if you have a FFL and is it the States laws that override the Federal? |
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FFL? No.
SOT Maybe. State law applies A Class 3 SOT dealer is a dealer of NFA firearms A Class 2 SOT manufacturer is a manufacturer of NFA firearms A Class 1 SOT importer is an importer of NFA firearms Type 1 FFL is a Title 1 dealer or gunsmith Type 2 FFL is a Title 1 dealer doing business as a pawnbroker Type 3 FFL is a licensed collector of Curio & Relic (C&R) firearms Type 6 FFL is a licensed maker of ammunition and reloading components other than Armor Piercing ammunition Type 7 FFL is a Title 1 manufacturer of firearms, ammunition and ammunition components other than NFA, Destructive Devices and Armor Piercing ammunition Type 8 FFL is an importer of Title 1 firearms and ammunition Type 9 FFL is a dealer in Title 1 firearms including NFA destructive devices, but no other NFA Type 10 FFL is a manufacturer of Title 1 firearms, ammunition and ammunition components, including NFA Destructive Devices but no other NFA, and not including Armor Piercing ammunition Type 11 FFL is an importer of Title 1 firearms, ammunition and NFA Destructive Devices, but no other NFA Washington State Legal References & Links Please check here before posting legal topics>>PCR-00s Washington State Gun Related RCWs Page>>RCW 9.41.190 Unlawful firearms –– Exceptions. (SBR, Machine Guns, Etc) RCW 9.41.190
Unlawful firearms –– Exceptions. (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle. (2) This section shall not apply to: (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles: (i) To be used or purchased by the armed forces of the United States; (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or (iii) For exportation in compliance with all applicable federal laws and regulations. (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. (4) Any person violating this section is guilty of a class C felony. |
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Okay it was just a question that I was tring to prove to someone. That was all. http://www.vaq34.com/junk/ar15_wa_hometown_forum_legal.jpg Yes I went there first but like I said it would not work for some reason. Even the link in Phills post won't work. |
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Thank you Phill I tried in the PCR-00 page but it would not work for some reason. Worked ok for me. RCWs > Title 9 > Chapter 9.41 > Section 9.41.190 9.41.185 << 9.41.190 >> 9.41.220 RCW 9.41.190 Unlawful firearms — Exceptions. (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle. (2) This section shall not apply to: (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles: (i) To be used or purchased by the armed forces of the United States; (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or (iii) For exportation in compliance with all applicable federal laws and regulations. (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. (4) Any person violating this section is guilty of a class C felony. [1994 sp.s. c 7 § 420; 1982 1st ex.s. c 47 § 2; 1933 c 64 § 1; RRS § 2518-1.] Notes: Finding –– Intent –– Severability –– 1994 sp.s. c 7: See notes following RCW 43.70.540. Effective date –– 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010. Severability –– 1982 1st ex.s. c 47: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 47 § 31.] |
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Thank you Phill I tried in the PCR-00 page but it would not work for some reason. That's because it's not really a link there. True it is not.  Now it is. 
There was no point in providing an actual link that went no where. though now it's back. |
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(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles: (i) To be used or purchased by the armed forces of the United States; (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or (iii) For exportation in compliance with all applicable federal laws and regulations. (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. Ok, so besides having a valid SOT to do MG / SBR / SBS here, you have to be currently contracted to sell them to one of those kinds of official entities? Between the 'profitable business' requirement just to get the SOT, and the 'government contract' requirement here, seems like WA has pretty much ruled out any kind of small-scale R&D or innovation from a licensed person tinkering on their own. Heck, the federal regulations do that on their own... |
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Exportation means sold to places outside of the state of Washington. If you are not legally exporting firearms outside of the state of Washington, the only places *within* the state are to those entities that are legally able to possess such NFA firearms. Grandfathered individuals (for repair), LEO, Military, etc. These provisions are in place to prevent individuals from circumventing state laws (Personal collections and so forth). If there is no legit business going on the ATF will come down on you - hard. I've considered a SOT for R&D myself. Being able to test fire the NFA weapons out back would just be a perk. |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me.
Stacey |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey wouldn't it be worth finding out more about the NFA process, in particular if your right or wrong before going through the licensing process? |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey You should get your Type 07 Class II. You can do everything a Class III can do and more. |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey wouldn't it be worth finding out more about the NFA process, in particular if your right or wrong before going through the licensing process? I am getting my 01 FFL dealers licence first and will talk to the ATF when they do my interview as well as the state, then if it makes sense I will pay the $500.00 per year fee for the Class 3 SOT for NFA Weapons. Stacey |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey You should get your Type 07 Class II. You can do everything a Class III can do and more. I wish I could at this point but I can not do that in my currant location, if things go well enough I will get a location I could do some manufacturing at and re-apply for the type 07. Stacey |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey You should get your Type 07 Class II. You can do everything a Class III can do and more. I wish I could at this point but I can not do that in my currant location, if things go well enough I will get a location I could do some manufacturing at and re-apply for the type 07. Stacey Stacey, would you kindly report back once you go down that road with the ATF? Again it was something I was interested in myself - I'd like to hear about the process and the hoops if you wouldn't mind. -Rob |
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You guys know we have an FFL Discussions forum in the Armory, right?
Here |
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Yes Sir 
Stacey |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey You should get your Type 07 Class II. You can do everything a Class III can do and more. I wish I could at this point but I can not do that in my currant location, if things go well enough I will get a location I could do some manufacturing at and re-apply for the type 07. Stacey Stacey, would you kindly report back once you go down that road with the ATF? Again it was something I was interested in myself - I'd like to hear about the process and the hoops if you wouldn't mind. -Rob Rob, Do you mean the 01 FFL dealer licence? Stacey |
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I am in the process of getting my 01 FFL with class 3 SOT, and from what I have read you can bring in a NFA item (MG,SBR) but you need a demonstration letter from a LEO department asking for a demo. then you apply to ATF for permission. Maybe I am wrong but that is how it reads to me. Stacey You should get your Type 07 Class II. You can do everything a Class III can do and more. I wish I could at this point but I can not do that in my currant location, if things go well enough I will get a location I could do some manufacturing at and re-apply for the type 07. Stacey Stacey, would you kindly report back once you go down that road with the ATF? Again it was something I was interested in myself - I'd like to hear about the process and the hoops if you wouldn't mind. -Rob Rob, Do you mean the 01 FFL dealer licence? Stacey I'm assuming he means the process for getting an FFL. for the interview, be prepared to have a good business plan for making money. They are wanting to see how you plan to use the license. They will ask "Why should a person want to buy from you, vs. going to Joe's gun shop down the street" It's a fairly easy process, and the ATF is very helpful if they think you have a good business strategy. |
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I'm assuming he means the process for getting an FFL. for the interview, be prepared to have a good business plan for making money. They are wanting to see how you plan to use the license. They will ask "Why should a person want to buy from you, vs. going to Joe's gun shop down the street" It's a fairly easy process, and the ATF is very helpful if they think you have a good business strategy. I am not too worried about it I own two businesses that do pretty well already, and do have a business plan so things should go ok. Stacey |
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Are you allowed any fully automatic weapon in Washington if you have a FFL and is it the States laws that override the Federal? As an 07/02 or 01/03 you can possess and fire full auto weapons in WA. State law exempts manufacturers and 03 dealers. Come to LCR when the weather is warm, and you can sample several of mine. |
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I am not too worried about it I own two businesses that do pretty well already, and do have a business plan so things should go ok. Stacey Sorry, I got you confused with the OP. Sounds like you have everything covered. Good luck. No Problem, I appreciate your advice. Stacey |