Below are the questions I hope can be answered in writing by the Mason County Prosecuting Attorney.

1.How is a temporary transfer defined?

RCW 9.41.010 defines a transfer, but it does not define a “temporary transfer” as used in 9.41.113(f) when describing transfers between spouses, person at an established shooting range or while hunting.

Is there some sort of time limit involved or is it a question of intent? Since the RCW now say all transfers "without limitation", does this apply even to simply handling or cleaning a gun that belongs to another person?


2. How are the words “kept at all times” defined?

9.41.113(4) lists several exceptions to obtaining a background check prior to a transfer. One of them is 9.41.113(4)(f)(ii) “if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located;”

Does it mean the gun is kept at the shooting area permanently? Does it mean the owner of the gun is present while it is used by the person to whom it is temporarily transfer and takes it back prior to leaving the shooting area?


3. How are the words “while hunting” defined?

9.41.113(4)(f)(v) says, “while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting,”

Does this mean the transfer and subsequent return of the firearm must take place in a Game Management Unit? Does the law currently allow the transfer outside of the GMU as long as the transferee is allowed to possess the firearm and intends to use it for hunting?


4. Are private shipping company employees who are not employed by the government required to obtain a background check prior to accepting a firearm for shipping as allowed by federal law?

9.41.113 says in part; “(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.” Section 4 describes several exceptions to the requirement, but does not make an exception for private shipping companies such as UPS or FedEx.


5. How is firearm possession by two or more unrelated persons who share a home or apartment and are not exempt from the background check requirement affected by RCW 9.41.113?

If the firearms are locked in a common cabinet or safe, or kept unsecured are the house occupants all considered to be owners of the firearms? Do they require a background check prior to occupying the house if they have access to the firearms stored there?


6. How are the terms "fair market value" defined?

9.41.113(3)(e) states; "The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm." I've encountered demands ranging from $20 to $100 from dealers if they are willing to facilitate the transfer at all.