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Old October 18, 2012, 01:05 AM   #1
Dan31
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Inherited Weapons

I asked about this once before and got the answer I needed at that time. But, things have changed. I live in WA state and a few years ago my uncle passed away and my dad was in charge of his estate. When my dad returned from AZ where my uncle lived he gave me a few pistols which I will never sell along with a Remington Model 700 in .30-06 in like new condition. It was bought back in the late 60's and he shot maybe a box of ammo thru it. Now the thing is I love shooting and such but I am not a hunter. What do I have to do in able for me to sell it or trade it? Do I need to have it transferred in to my name or what?
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Old October 18, 2012, 01:13 AM   #2
Edward429451
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It was your family's property and given to you. No big deal. It's not like it was a title 3 item or a house with a title or something like that. All you need to do is find a buyer. Or a Holster!

Last edited by Edward429451; October 21, 2012 at 12:23 PM.
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Old October 18, 2012, 01:18 AM   #3
Ben Towe
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Unless WA has a state gun registry (they don't to my knowledge) then you may sell it at will, no paperwork required.
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Old October 18, 2012, 12:44 PM   #4
Stressfire
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Generally, state laws only get complicated where handguns are concerned.

The important thing to make sure you are not selling to a prohibited person. You can do a bill of sale if you like, but it is generally not required.

You can browse around this site a bit, might help: http://www.dol.wa.gov/business/firearms/firchart.html
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Old October 18, 2012, 04:54 PM   #5
Aguila Blanca
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I don't think you have anything to worry about.

That said, as far as you are concerned (legally) these are NOT "inherited guns" unless your uncle specifically named you in the will as the recipient of these firearms. It sounds like your father inherited them, and as the heir HE could legally bring them from AZ to WA without any transfer paperwork -- even if this was after the 1968 Gun Control Act.

Once your father had them in WA (assuming he is also a WA resident), anything that transpired between your father and you would have been subject only to whatever WA state law was at the time.
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Old October 18, 2012, 08:43 PM   #6
kilimanjaro
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You might want to get a receipt or transfer note from your Dad if you feel like it, but it's not required. The rifle is your property and you can sell or gift it at will, as long as you don't transfer it to a prohibited person. Also, I believe you can transfer it to a state resident only, unless you have a license.
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Old October 19, 2012, 11:29 PM   #7
hermannr
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I live in WA and have since 1970. I have carried since 1970, and I have kept up on the laws..

IN WA> you do not have to do anything. Private sale is just that, Private...rifle or pistol...as long as you follow federal law (resident of same state, and not a prohibited person)

You can ask the person if they are a prohibited person, and if they are a resident of WA,,,or not. You can ask for proof,,,or not...the requirement is that you "not Knowingly" sell to someone that is prohibited and is not a resident of the state.

If you Knowingly sell to a prohibited person...that is where you get in trouble.

IMHO: Ask them...are you resident of WA and secondly, are a person that is prohibited, by federal law, from owning a firearm. If they say they meet the qualifications, and you agree on a price...that should be all you need.

Some people want proof...my thought on that is...a person is innocent until proven guilty...NOT guilty until they prove themselves innocent.
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Old October 20, 2012, 08:14 AM   #8
Stressfire
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Quote:
Some people want proof...my thought on that is...a person is innocent until proven guilty...NOT guilty until they prove themselves innocent.
For my own peace of mind I usually ask to see ID or a CHL permit (as good as a NICS check IMO). If buyer wants to cover his name or address, that's perfectly fine, as long as theirs is the face in the picture.
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Old October 21, 2012, 11:53 PM   #9
hermannr
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So everyone is a criminal unless they prove to you otherwise Stressfire?

And you would probably complain if LE treated you like a criminal, Eh?
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Old October 22, 2012, 09:18 AM   #10
Stressfire
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No, but for pistols, at least, state of residence must be verified. For long guns, it's not necessary.

"For my own peace of mind" meant just that. I don't plan to hang my hat on the "knowingly" portion of the law barring transfers to felons.

I'd much prefer "knowingly" not taking the chance. I'm too poor for court and too pretty for prison, so a CHL or State ID is what I ask for.
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Old October 22, 2012, 02:24 PM   #11
Edward429451
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Stressfire is talking about your Spidey sense. If they guy (or gal) comes across like a goof-ball, well that's your Spidey sense talking to you. I've turned people down before in making the purchase of one of my guns. Something just didn't set well with me on how they talked and such. Asking someone to see their DL is a great way to check their reaction and body language. It's nothing. If they start squirming, or not, you have your answer. Nobody's that hard up that they have to sell this gun to that guy or tragedy.

This all comes back to the ol if it looks like S, and it smells like S...then it's probably S. You can't get mad at a guy for askin for ID on a sale like that, it would make you look suspect.
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Old October 22, 2012, 05:25 PM   #12
Mannlicher
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the obvious answer to Dan's question is that he should consult an attorney in the area where he lives.
If the issue involves legal ramifications, and you have serious questions, asking in an internet forum is the LAST thing to do.
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