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Nothing contained in this section shall be construed as legal advice. All members and guests are advised to perform due diligence in regards to laws and legal actions.
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[ 9 posts ] |
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WA transfer law, as related to 80% frames
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ModelB
Location: Western WA Joined: Tue Jan 19, 2016 Posts: 5
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Since this is my first post, a short intro is probably in order. I came across this community after seeing a recommendation from a user on reddit. I’m an occasion pistol shooter, and I also like to build and fabricate stuff, hence this project.
I am considering building a 1911 from an 80% frame. I’ve done research on this, but I still have some legal questions. The seller I’m looking at has an ATF letter, so that makes me feel better about the Federal side of things. I’m still slightly concerned about the WA side though, in light of recently enacted transfer laws.
What I’m trying to figure out is, if ATF has determined a particular unfinished frame not to be a firearm, is there any chance that WA might still view it otherwise? I suspect the answer I’ll get here is that it isn’t an issue, but I would still like to hear thoughts on this.
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Mon Jan 18, 2016 6:52 pm |
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kf7mjf
Site Supporter
Location: Olympia Joined: Sat Oct 29, 2011 Posts: 16044
Real Name: Steve
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Washington state defines a firearm as capable of launching a projectile via gunpowder or similar. A literalreading suggests a private sale of stripped 100% frames would be exempt from background checks but like the whole damned law, it's all untested.
Looong story short. Yeah, there is nothing against an 80%. I suspect if you TRIED to do a background check on an 80% the NICS examiner would laugh in your face and have a funny story on the next smoke break.
_________________ "I won't insult your intelligence by suggesting that you really believe what you just said." - William Buckley, Jr.
"...steam, artillery and revolvers give to civilized man an irresistible power." -Perry Collins
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Mon Jan 18, 2016 7:00 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 51917
Real Name: Steve
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^ What he said. Welcome to WaGuns, ModelB!
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Mon Jan 18, 2016 8:43 pm |
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oldkim
Site Supporter
Location: Maple Valley, WA Joined: Thu Mar 17, 2011 Posts: 9234
Real Name: Young
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Welcome to WaGuns!
The only thing I can add... just in case. Don't ever sell it once you make it. Making your own firearm is okay per BATFE (e.g. from 80%, etc) but once you make it into a workable firearm... please don't sell it.
I'm not saying it's impossible to sell but one then steps into (intent) a grey area, both from a legal and liability issue besides the extra hassle of serial number, licensure, taxes, etc
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Tue Jan 19, 2016 8:40 am |
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kf7mjf
Site Supporter
Location: Olympia Joined: Sat Oct 29, 2011 Posts: 16044
Real Name: Steve
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You know the ATF has rather clearly stated how an unlicensed individual can sell a homemade gun without being licensed...
_________________ "I won't insult your intelligence by suggesting that you really believe what you just said." - William Buckley, Jr.
"...steam, artillery and revolvers give to civilized man an irresistible power." -Perry Collins
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Tue Jan 19, 2016 11:10 am |
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cootduster
Site Moderator / In Memoriam
Location: Ryderwood WA. Joined: Sun May 15, 2011 Posts: 5337
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Welcome to WaGuns !!!!!!!!!!!! Good Luck on your build. cootduster
_________________ Retired May 30th 2018, after 41years.
I'm not old. I'm just no longer young !!!
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Tue Jan 19, 2016 11:24 am |
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ModelB
Location: Western WA Joined: Tue Jan 19, 2016 Posts: 5
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Thanks for the replies, and for the friendly welcome! kf7mjf wrote: Washington state defines a firearm as capable of launching a projectile via gunpowder or similar. A literalreading suggests a private sale of stripped 100% frames would be exempt from background checks but like the whole damned law, it's all untested. What you say makes sense. I guess it is that “untested” part that makes me hesitate, and I am simply not familiar with any cases. Probably I’m way overthinking this. As far as selling, yeah, I would not be doing that, legal or not. I might part it out if it ever came to that, but don’t really see myself ever selling the frame.
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Tue Jan 19, 2016 1:09 pm |
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MrZeat
Location: Redmond Joined: Thu Apr 25, 2013 Posts: 99
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Personally I'd rather see a whole bunch of these unmarked weapons sold all the time as to fill the books with a bunch of items that can't be differentiated from each other...
I strongly believe there will be a day when they go back through those books trying to figure out exactly who has what...
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Thu Jan 21, 2016 3:23 pm |
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CarlMc
Location: North of Seattle Joined: Sat Jan 30, 2016 Posts: 45
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kf7mjf wrote: You know the ATF has rather clearly stated how an unlicensed individual can sell a homemade gun without being licensed... It just has to have a serial number for the form. I suppose that number has to be in Arabic numbers and English letters? :)
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Sat Jan 30, 2016 5:28 pm |
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