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Here's an interesting scenario for the I-594 experts
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA
Joined: Sat Nov 10, 2012
Posts: 7251
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deadshot2 wrote: Care to elaborate? Since a "594 transfer" isn't required for direct family members what's the big deal other than keeping the prohibited person from "possessing" the firearms. If the wife has a safe and sole access?
There's a big difference between "not a good idea" and "Illegal". Opinions of those in Law enforcement really don't hold much sway if the law is specific. I am not sure a law was broken, I'm just saying if I knew one half of a married couple had some kind of DENY, even after the fact, I wouldn't participate in what could amount to a straw purchase/transfer until the DENY situation was cleared up with an appeal or whatever. 594 doesn't make it legal to transfer a gun to your spouse if they are a prohibited person. Nothing in WA law changed with that, it just means you can skip the transfer. But if someone is prohibited, they're still prohibited, and giving them a gun when you know they are prohibited is illegal. What do you think this woman did with the gun when she got home. I am sure it was "hi honey everything is in my name, here's the gun". But of course, I tend to think the worst of people. That's just my opinion, if I were an FFL I would be pretty cautious.
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| Fri Apr 01, 2016 8:36 am |
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bhpdrew
Site Supporter
Location: Spokane
Joined: Tue Apr 12, 2011
Posts: 9653
Real Name: Hans Edlefreth III.
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Regardless, enforcement is not the issue for the FFL.
He did what he was required to do.
The rest is up to the BATFE and local law enforcement.
_________________
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| Fri Apr 01, 2016 9:28 am |
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3584ELK
Site Supporter / FFL Dealer
Location: Lake Andes, S. Dakota
Joined: Thu Aug 8, 2013
Posts: 1253
Real Name: Mark
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solyanik wrote: If you are an FFL, you were supposed to get training. Part of the training should have covered this. Repossession of the guns are up to the BATFE, to who you should have reported the incident. You also should have a contact at BATFE who you should be asking these questions, not on the internet forums. With all due respect, Master, the "training" I received from the BATFE amounted to a 27 yr old in a hoodie running her mouth full throttle for 2 hours and basically saying nothing. The "training" I received from WA state amounted to ZILCH. I managed to find the manager of the firearms unit, who refuses to give me what he calls "legal interpretations or advice". The one item found online at WA DOL is a 2012 pdf which is pretty, but does nothing for actual training. Nitro_Guns has been most helpful, kudos to him for reaching out. Excuse me for wasting your valuable time when merely seeking a discussion. _________________"To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." - Thomas Jefferson
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| Fri Apr 01, 2016 12:27 pm |
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3584ELK
Site Supporter / FFL Dealer
Location: Lake Andes, S. Dakota
Joined: Thu Aug 8, 2013
Posts: 1253
Real Name: Mark
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ANZAC wrote: deadshot2 wrote: Care to elaborate? Since a "594 transfer" isn't required for direct family members what's the big deal other than keeping the prohibited person from "possessing" the firearms. If the wife has a safe and sole access?
There's a big difference between "not a good idea" and "Illegal". Opinions of those in Law enforcement really don't hold much sway if the law is specific. I am not sure a law was broken, I'm just saying if I knew one half of a married couple had some kind of DENY, even after the fact, I wouldn't participate in what could amount to a straw purchase/transfer until the DENY situation was cleared up with an appeal or whatever. 594 doesn't make it legal to transfer a gun to your spouse if they are a prohibited person. Nothing in WA law changed with that, it just means you can skip the transfer. But if someone is prohibited, they're still prohibited, and giving them a gun when you know they are prohibited is illegal. What do you think this woman did with the gun when she got home. I am sure it was "hi honey everything is in my name, here's the gun". But of course, I tend to think the worst of people. That's just my opinion, if I were an FFL I would be pretty cautious. ANZAC echoes what my ATF contact told me. It could be construed as a straw purchase unless the guns were locked up and the denied person had zero access. Most of us are married, so we know how that would work. Despite what Soly stated, I do think this is a good forum for getting opinions on FFL issues. As stated, with no training on WA state law, one is left to try and interpret what the illiterate idiots in Olympia codified. I can point out several grammar mistakes that change the meaning of whole paragraphs in the RCW's, but I am probably just a nitpicker.  _________________"To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." - Thomas Jefferson
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| Fri Apr 01, 2016 1:25 pm |
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deadshot2
Site Supporter
Location: Marysville, WA
Joined: Fri Jul 22, 2011
Posts: 11581
Real Name: Mike
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3584ELK wrote: ANZAC wrote: deadshot2 wrote: Care to elaborate? Since a "594 transfer" isn't required for direct family members what's the big deal other than keeping the prohibited person from "possessing" the firearms. If the wife has a safe and sole access?
There's a big difference between "not a good idea" and "Illegal". Opinions of those in Law enforcement really don't hold much sway if the law is specific. I am not sure a law was broken, I'm just saying if I knew one half of a married couple had some kind of DENY, even after the fact, I wouldn't participate in what could amount to a straw purchase/transfer until the DENY situation was cleared up with an appeal or whatever. 594 doesn't make it legal to transfer a gun to your spouse if they are a prohibited person. Nothing in WA law changed with that, it just means you can skip the transfer. But if someone is prohibited, they're still prohibited, and giving them a gun when you know they are prohibited is illegal. What do you think this woman did with the gun when she got home. I am sure it was "hi honey everything is in my name, here's the gun". But of course, I tend to think the worst of people. That's just my opinion, if I were an FFL I would be pretty cautious. ANZAC echoes what my ATF contact told me. It could be construed as a straw purchase unless the guns were locked up and the denied person had zero access. Most of us are married, so we know how that would work. Despite what Soly stated, I do think this is a good forum for getting opinions on FFL issues. As stated, with no training on WA state law, one is left to try and interpret what the illiterate idiots in Olympia codified. I can point out several grammar mistakes that change the meaning of whole paragraphs in the RCW's, but I am probably just a nitpicker. I could have sworn that's exactly what I said.
_________________
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Shall be my brother" - William Shakespeare
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| Sat Apr 02, 2016 7:09 am |
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