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 Out of state familial transfers 
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Would a transfer of handguns from an out of state parent to a WA resident require an FFL, specifically if the firearms were brought along on an in person visit to WA?

Its unclear whether this applies only to familial transfers between two WA residents.


Sun May 01, 2016 12:14 pm
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If the transfer happened in the woods and nobody heard about it, did it really happen?
How would anyone know when you took possession of it or what state you even bought it in?

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Sun May 01, 2016 12:17 pm
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From the NSSF website:

"What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed retailer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed retailer in the state where the person receiving the gift resides."

I'm sure an FFL will be along to clarify or point to the exact law. I trust NSSF to post good info, so it appears that you can't give a firearm to a resident of another state regardless of family relationship.

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Sun May 01, 2016 1:18 pm
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The Supreme Court ruled two years ago that it's illegal to transfer even between family that is not prohibited, across state lines without a FFL.

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Sun May 01, 2016 7:39 pm
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Guns what guns?

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Mon May 02, 2016 5:33 am
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May also depend on the state the family is traveling from but according to Washington State law the background check is not required between family. As previously mentioned it may be against federal law.



Quote:
(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, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift

RCW9.41.113


Mon May 02, 2016 7:04 am
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Mike in Wa wrote:
.... As previously mentioned it may be against federal law.


As someone already noted. That is exactly the point. Crossing state lines requires an FFL if:
Transfers between parties who are residents of the same state follow whatever the prevailing law of that state is. In Washington an FFL.
Transfers between anyone who are residents of different states must transfer through and FFL of the receiving party.

SO, if your dad wants to give you that rifle or handgun. Have him come to your State and go down to FFL dealer and handle the transfer. Otherwise it must be delivered/shipped/ etc to that FFL and then you come pick it up doing the paperwork required.

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Mon May 02, 2016 5:57 pm
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Col_Temp wrote:
Mike in Wa wrote:
.... As previously mentioned it may be against federal law.


As someone already noted. That is exactly the point. Crossing state lines requires an FFL if:
Transfers between parties who are residents of the same state follow whatever the prevailing law of that state is. In Washington an FFL.
Transfers between anyone who are residents of different states must transfer through and FFL of the receiving party.

SO, if your dad wants to give you that rifle or handgun. Have him come to your State and go down to FFL dealer and handle the transfer. Otherwise it must be delivered/shipped/ etc to that FFL and then you come pick it up doing the paperwork required.


Perfect, thanks.


Mon May 02, 2016 6:46 pm
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Col_Temp wrote:
Mike in Wa wrote:
.... As previously mentioned it may be against federal law.


As someone already noted. That is exactly the point. Crossing state lines requires an FFL if:
Transfers between parties who are residents of the same state follow whatever the prevailing law of that state is. In Washington an FFL.
Transfers between anyone who are residents of different states must transfer through and FFL of the receiving party.

SO, if your dad wants to give you that rifle or handgun. Have him come to your State and go down to FFL dealer and handle the transfer. Otherwise it must be delivered/shipped/ etc to that FFL and then you come pick it up doing the paperwork required.


Except if it's a handgun, your out of state family won't be able to take possession here in WA. It will have to be shipped to the home state of the person receiving the firearm.

At least this is my understanding. I've bought long guns out of state but never tried to buy a handgun outside WA, but know that's the rule.

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Mon May 02, 2016 7:10 pm
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hkcavalier wrote:
Col_Temp wrote:
Mike in Wa wrote:
.... As previously mentioned it may be against federal law.


As someone already noted. That is exactly the point. Crossing state lines requires an FFL if:
Transfers between parties who are residents of the same state follow whatever the prevailing law of that state is. In Washington an FFL.
Transfers between anyone who are residents of different states must transfer through and FFL of the receiving party.

SO, if your dad wants to give you that rifle or handgun. Have him come to your State and go down to FFL dealer and handle the transfer. Otherwise it must be delivered/shipped/ etc to that FFL and then you come pick it up doing the paperwork required.


Except if it's a handgun, your out of state family won't be able to take possession here in WA. It will have to be shipped to the home state of the person receiving the firearm.

At least this is my understanding. I've bought long guns out of state but never tried to buy a handgun outside WA, but know that's the rule.


They aren't mine, a friend of mine has 3 handguns out of state that he left with family when he moved to CA, and is moving up here now.


Mon May 02, 2016 7:36 pm
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leaferikson wrote:
hkcavalier wrote:
Col_Temp wrote:
Mike in Wa wrote:
.... As previously mentioned it may be against federal law.


As someone already noted. That is exactly the point. Crossing state lines requires an FFL if:
Transfers between parties who are residents of the same state follow whatever the prevailing law of that state is. In Washington an FFL.
Transfers between anyone who are residents of different states must transfer through and FFL of the receiving party.

SO, if your dad wants to give you that rifle or handgun. Have him come to your State and go down to FFL dealer and handle the transfer. Otherwise it must be delivered/shipped/ etc to that FFL and then you come pick it up doing the paperwork required.


Except if it's a handgun, your out of state family won't be able to take possession here in WA. It will have to be shipped to the home state of the person receiving the firearm.

At least this is my understanding. I've bought long guns out of state but never tried to buy a handgun outside WA, but know that's the rule.


They aren't mine, a friend of mine has 3 handguns out of state that he left with family when he moved to CA, and is moving up here now.


If they are his guns then he should not have to worry about doing a transfer since he already owns them. Also if they are shipped to an FFL expect to have to pay sales tax on the value of the guns.


Tue May 03, 2016 12:01 am
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So nice too have children you love.....

I have no problem loaning my guns to my family, regardless of what state they live in.

I know they will take good care of them.... :thumbsup2:

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Sat Jun 11, 2016 3:14 pm
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