I am cross posting this from the WA hometown forum, as I think I might get more replies here. A friend of mine is interested in purchasing one of my suppressors and I am considering selling it to him. Can two individuals who are both residents of WA transfer a suppressor on an ATF Form 4 person to person? I am unsure of the 594 implications or if the ATF would approve an individual transfer. I understand that silencers are Title II firearms under federal law; but, I don't think that a silencer is a firearm under WA state law.  I am not concerned with having to do a 594 check at an FFL, I don't want to have to do a form 3 to form 4 through an FFL/SOT if at all possible.

RCW 9.32.010

C. "Firearm" means any weapon or device from which a projectile may be fired by an explosive such as gunpowder.

Which is distinct from

D. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol, or other firearm.

594 which I believe was codified in 9.41 shares 9.32's definition of a firearm

9.41.010

(11) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.


So, my reading is that we should be able to do an instate person to person transfer on a Form 4 with no 594 issues. Has anyone done this with a silencer or a person to person Form 4 for an AOW/SBR which presumably has an associated 594 transfer check. When I search for this information all I can find are debates on the implications of trusts which isn't relevant.


Edited for clarity and to add link to Armory - General NFA Questions crosspost.

https://www.ar15.com/forums/armory/In-State-Person-to-Person-Form-4-in-Washington-State/17-524067/?page=1

Short answer, yes, you can form 4 a silencer between two individuals in the state and you don't have to worry about 594.