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Posted: 2/1/2021 10:03:58 PM EDT
[#1]
I'm not a lawyer
RCW 9.41.010 but I think it comes down to how a firearms is defined. (11) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes. To me, the way the statute is written, it seems to encompass the entire firearm, not just a receiver. From there you have to look at the definition of an undetectable firearm. (33) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports. RCW 9.41.190makes it illegal to manufacture or otherwise possess and RCW 9.41.220 makes undetectable firearms contraband. |
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Posted: 2/2/2021 10:30:35 PM EDT
[#2]
Quote HistoryQuoted: I'm not a lawyer RCW 9.41.010 but I think it comes down to how a firearms is defined. To me, the way the statute is written, it seems to encompass the entire firearm, not just a receiver. From there you have to look at the definition of an undetectable firearm. RCW 9.41.190makes it illegal to manufacture or otherwise possess and RCW 9.41.220 makes undetectable firearms contraband. So based on the total firearm is still detectable by a metal detector, and the parts are visually detectable in a X-Ray machine as a firearm part makes it legal based on the wording? |
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Posted: 2/3/2021 4:57:49 AM EDT
[#3]
This where I hate lawyers. Would they say a P80 Glock is undetectable? There is a difference between undetectable and untraceable. It's virtually identical to an OEM Glock. How would they test it? 100% complete? Slide removed? FCG removed? Fully stripped to the frame? If it's fully stripped then it seems like a polymer gun is contraband. The metal serial number plate is not 3.7 oz.
How would they test an AR lower? 100% complete with upper and lower? Lower only? FCG removed or installed? |
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Posted: 2/4/2021 12:48:00 PM EDT
[#4]
I thought all this only applied if you intended to sell the gun.
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Posted: 2/4/2021 1:05:43 PM EDT
[#5]
Quote HistoryQuoted: I thought all this only applied if you intended to sell the gun. If it was only dealing with intention to sell, then 3D printing wouldn't be such a big issue as it is. At one point even 80% lowers sellers wouldn't ship to WA back in 2018. I think some still won't. |
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Posted: 2/4/2021 5:15:57 PM EDT
[#6]
I’m not a lawyer, this isn’t legal advice, I didn’t even sleep in a Holiday Inn Express last night.
3D printing a firearm is currently legal. No different than any other form of manufacturing a firearm. Manufacturing them for sale requires an FFL, but you can make what you want. Little Bobby Ferguson would love to make 3d CAD firearm files illegal, but he’ll have to go against precedent from the PGP Supreme Court case. That claimed that code is covered by free speech. YMMV |
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Posted: 3/12/2021 6:08:40 AM EDT
[#7]
I was reading HB1739 a little more closely and the section about Untraceable firearms since Undetectable firearms doesn't seem to be an issue.
26 (34) "Untraceable firearm" means any firearm manufactured after 27 July 1, 2019, that is not an antique firearm and that cannot be 28 traced by law enforcement by means of a serial number affixed to the 29 firearm by a federally licensed manufacturer or importer. But fortunately that has a statement deals with intent to sell: 23 (d) Manufacture an untraceable firearm with the intent to sell 24 the untraceable firearm. So looks like as long as it doesn't meet those 2 criterias unless I'm missing something. (Legal gargen: I am not nor pose as a lawyer. I neither support nor don't support building of firearms.) |
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Posted: 3/12/2021 10:28:57 PM EDT
[#8]
My understanding from a plain-english perspective is that as long as you are not a prohibited person and you are not making it with intent to sell, a WA resident can still legally make an "untraceable" firearm.
Rob |
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Posted: 3/13/2021 5:52:05 PM EDT
[#9]
Quote HistoryQuoted: This where I hate lawyers. Would they say a P80 Glock is undetectable? There is a difference between undetectable and untraceable. It's virtually identical to an OEM Glock. How would they test it? 100% complete? Slide removed? FCG removed? Fully stripped to the frame? If it's fully stripped then it seems like a polymer gun is contraband. The metal serial number plate is not 3.7 oz. How would they test an AR lower? 100% complete with upper and lower? Lower only? FCG removed or installed? Exactly. if you if you completely strip an oem glock frame, I don't think there is 3.7 ounces of metal. I recently ordered an unfinished P80 from an ffl, here in WA. I asked if there were any issues with completing a P80 lower. They said no. I've seen completed P80s for sale at a store in eastern Wa |
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Posted: 3/13/2021 5:52:54 PM EDT
[#10]
Quote HistoryQuoted: My understanding from a plain-english perspective is that as long as you are not a prohibited person and you are not making it with intent to sell, a WA resident can still legally make an "untraceable" firearm. Rob My reading as well |
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Posted: 3/13/2021 11:27:14 PM EDT
[#11]
Quote HistoryQuoted: Exactly. if you if you completely strip an oem glock frame, I don't think there is 3.7 ounces of metal. I recently ordered an unfinished P80 from an ffl, here in WA. I asked if there were any issues with completing a P80 lower. They said no. I've seen completed P80s for sale at a store in eastern Wa The frame is not a firearm.. Once adding the barrel it would increase the weight. |
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