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Old June 12, 2010, 12:05 AM   #1
golfnutrlv
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Join Date: November 5, 2008
Location: Spokane, WA
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Private transfers in WA, question regarding Driver License

Hello everyone, need a little info, or links, or sources regarding a private transfer of a handgun.

I have a friend who I want to sell a gun to, privately. I am familiar with the private transfer laws, however, my friend does not have a WA state driver license. He has been a WA resident for well over 90 days. To throw in another kink, he is over 18, but under 21.

Can I transfer a firearm to him seeing that he does not have a WA Driver License?? I am 100% sure he is not ineligible to possess under the appropriate RCW laws.

Anyone have any insight, I cannot seem to find anything in the RCW laws.

Thanks,
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Old June 12, 2010, 12:39 AM   #2
knight0334
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It looks like WA's law requires some sort of verified or recorded transfer. Of which he need a valid WA ID of some sort.

While possession appears to be legal for those 18yo or older, the FFL will not be able to deliver a handgun to the buyer because the FFL will have to add the gun to his bound book under federal law. And once on the bound book the FFL cannot transfer the gun to someone under 21 years old.

My spidey senses tell me that private transfer will be a futile effort.
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Old June 12, 2010, 08:00 AM   #3
wally626
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I believe the notification law only applies to dealers not friend-to-friend, even in the case of dealer sales a DL is not required only 90 days of residency, the waiting period is extended if no official ID but a sale is still possible under state law.

It is always tough to determine things that are allowed by a state since they generally only have things disallowed in the statutes. In VA there is no law saying open carry is legal, but there is also no law saying it is not.

If the gun is a handgun, the buyer's use of it is restricted.


RCW 9.41.240
Quote:
Possession of pistol by person from eighteen to twenty-one.

Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

(1) In the person's place of abode;

(2) At the person's fixed place of business; or

(3) On real property under his or her control.


[1994 sp.s. c 7 § 423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67 § 1; RRS § 2560.]
You can search the WA state code at http://search.leg.wa.gov/pub/textsea....asp?Cmd=Query
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Old June 13, 2010, 12:51 AM   #4
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
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1. If the buyer is present in WA with the intent of making WA a home, the buyer is a resident of WA for the purposes of firearms transactions. That is 27 CFR 478.11.

http://ecfr.gpoaccess.gov/cgi/t/text....2.1.1&idno=27

2. There is no "verified or recorded" transfer in WA for private transactions. The two parties can file a Pistol Transfer Form with the state, if they choose too. Why they would choose to is beyond me. The state maintains a registration database of handguns purchased from FFLs, but that registration is NOT required for private transactions.

Here is the form:
http://www.dol.wa.gov/forms/652004.pdf

Notice the bold and highlighted word "VOLUNTARY" on the form itself. It is not required and certainly not recommended.

3. There is no 90 day residency requirement to purchase a handgun from an FFL or from a private party in Washington.

4. 18 to 20 year olds are NOT prohibited from purchasing firearms, including handguns, from private parties in WA. They are prohibited from carrying those handguns in public for self defense.

5. Also, if your friend happens to be a military member, he also is deemed a WA state resident if he has permanent duty station orders to Washington State.

Last edited by NavyLT; June 13, 2010 at 12:57 AM.
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