Giving a pistol to a relative in Washington

[yaxley]

I was poking around the web for answers to a question about giving a relative a pistol I have and found this site. Wow, never knew it was around.

I'm an Oregon and Utah concealed carry permit holder and was trying to find out how I can give my daughter in Washington State a pistol of mine. Getting up in years and want to dispose of my property before I pass.

I know Oregon has recently passed new "transfer" laws and don't know whether they have an effect on me giving her a pistol, since I'm a resident of Oregon and she is of Washington.

What paperwork is involved and how do I go about with a transfer? Is is just a matter of handing it to her, or does she need a background check (no problems)?

Any help is appreciated.

Thanks.
Bill

Read More

 

[slimmer13]

I was poking around the web for answers to a question about giving a relative a pistol I have and found this site. Wow, never knew it was around.

I'm an Oregon and Utah concealed carry permit holder and was trying to find out how I can give my daughter in Washington State a pistol of mine. Getting up in years and want to dispose of my property before I pass.

I know Oregon has recently passed new "transfer" laws and don't know whether they have an effect on me giving her a pistol, since I'm a resident of Oregon and she is of Washington.

What paperwork is involved and how do I go about with a transfer? Is is just a matter of handing it to her, or does she need a background check (no problems)?

Any help is appreciated.

Thanks.
Bill

The state transfer law is irrelevant. The Federal law for interstate transfers says FFL transfer in her home state.

 

[slimmer13]

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee's State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32

 

[yaxley]

So I can just give it to her as a gift, to keep.

 

[FireArm]

"This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent."
You can give firearms to family only. If the state has a registration system it is on them to register it.
I was just talking to a FFL about this.
Family = NO FFL needed.
Hand to hand, no shipping.

 

[slimmer13]

"This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent."
You can give firearms to family only. If the state has a registration system it is on them to register it.
I was just talking to a FFL about this.
Family = NO FFL needed.

Not until after death.

 

[FireArm]

I guess i asked the wrong FFLs, both told me it was ok.
Should have asked:

"A person considering transferring a firearm should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions."

 

[saxon]

RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.
RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions.
(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:


(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;

 

[justcuz]

welcome to the forum!

I am going to make a leap of faith your daughter is over the age of 21, therefore meeting state and federal handgun mandates.

Unfortunately, your daughter lives in WA state therefore she does fall under the auspices of that state's RCW.

RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions.
(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.

(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;

Now you have a viable cite RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.

again welcome.

 

[slimmer13]

RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.
RCW 9.41.113
Firearm sales or transfers—Background checks—Requirements—Exceptions.
(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law. The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:


(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;

Like I said, state law is irrelevant. Interstate transfers are under FEDERAL law which states a transfer must occur. If that wasn't the case, WA law says family FTF transfer is all good. Not sure whats hard about that

 

[saxon]

Like I said, state law is irrelevant. Interstate transfers are under FEDERAL law which states a transfer must occur. If that wasn't the case, WA law says family FTF transfer is all good. Not sure whats hard about that

what did you not understand about this part

There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.

in the link you posted?

ergo RCW says family is good to go

 

[slimmer13]

what did you not understand about this part in the link you posted?

ergo RCW says family is good to go

There may be state law that is more strict than FED law. Then you may have to comply with both. If state law is LESS strict than FED law, you still have to comply with FED law.

Basically the state's can pass any laws they want. The ATF doesnt care. Within WA, family FTF is GTG. interstate, you still have to comply with U.S.C. 9 22

Just like I 502 doesn't nullify FED schedule 1 marijuana laws. It doesn't work that way.

 

[yaxley]

Thanks for all the inputs. I bloodied my little brain trying to get an answer via Google searches until I finally decided to try here.

Digesting the information here seems to be that I can give my daughter in Wash. a pistol that I legally possess in Oregon...when I visit her up there.

Any dissenting opinions?

 

[IOM]

Thanks for all the inputs. I bloodied my little brain trying to get an answer via Google searches until I finally decided to try here.

Digesting the information here seems to be that I can give my daughter in Wash. a pistol that I legally possess in Oregon...when I visit her up there.

Any dissenting opinions?

Nope, what you just stated is correct. You are here in Washington visiting your daughter and you can hand her the firearm, the ONLY exceptoion is you must be sure she can LEGALLY posses a firearm...

In laymans terms, she has no criminal background prohibiting here possession of a gun...

 

[yaxley]

Nope, what you just stated is correct. You are here in Washington visiting your daughter and you can hand her the firearm, the ONLY exceptoion is you must be sure she can LEGALLY posses a firearm...

In laymans terms, she has no criminal background prohibiting here possession of a gun...

OK, that seems to be a common sense approach but today...well, things are confusing.

Thanks for all the help, appreciate the welcomes and I should be an active member here when I get back.

Nice group of members and browsing the forum shows a lot of interesting information.

 

[slimmer13]

Nope, what you just stated is correct. You are here in Washington visiting your daughter and you can hand her the firearm, the ONLY exceptoion is you must be sure she can LEGALLY posses a firearm...

In laymans terms, she has no criminal background prohibiting here possession of a gun...

That is the "right" way to do it, but not the "lawful" way to do it per the 1968 GCA.

 

[FireArm]

If my child was in good standing with not being a criminal, I'd give them one of my guns. Even if i had to drive across the country.
Illegal, not illegal, I don't care. No child of mine will go without proper protection. Call me a Federal Felon...
Looks like Oregon's pushing to make us state felons just for owning firearms.
Id also go get a biometric safe for the pistol so only she would have easy access.

(Too many emojis?)

 

[awshoot]

That is the "right" way to do it, but not the "lawful" way to do it per the 1968 GCA.

If I'm understanding correctly, he still has to do it through an FFL but since it is a Federally regulated transaction, the Federal BG check which takes 30-60 minutes is all that is necessary and she wouldn't have to do the whole 10 day wait period? Is that how it would work?

 

[kenboy]

 

[yaxley]

So the answer is?