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 RCW 9.41.190 and parts kits 
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Location: Issaquah
Joined: Wed Jul 31, 2013
Posts: 3
So I'll go into my plans/hopes and dreams quick ...
I was looking at grabbing a Sten MkII parts kit from Apex. Then getting the reduced diameter tube and semi build kit from Indianapolis Ordnance. Apex shows the bolt, tripping lever, and sear as restricted. The tripping lever and sear are used in the semi auto build kit from IO that is based on their ATF approved MkIII build kit.. They seem to be obtainable from other sources. So overall the build is possible. My concern is legality. RCW 9.41.190 with it being illegal to have "any part designed and intended solely and exclusively for use in a machine gun."

I've been looking around quite a bit for clarification and I have gotter everything from a LE saying they are only concerned with the specific parts that enable FA (still questionable with those 2 parts since they are critical parts for FA but used in both), to ANY part from a parts kit is a MG part.

Does anyone actually have cases where this was used to clarify?
Anyone have the legal definitions used for "designed" and "intended?" I can't seem to find them and the actual definition used could make it go either way.


Thu Sep 26, 2019 12:36 pm
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Seems like "solely and exclusively" is the portion of the criteria that really matters. Those words are unambiguous. If a part is usable in both regulated and non-regulated firearms, then that component doesn't appear to qualify as unlawful. Its original design may be based on one type of application but its use is not exclusive to FA or the other items listed under the RCW you cited.

ETA: That's just my interpretation. If the manufacturer is making the part available for sale without restriction, then maybe you can ask them if they've had any discussions with the ATF about their interpretation of the language.

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Thu Sep 26, 2019 1:11 pm
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I would agree with Mislabeled. The key as mentioned is "Soley and Exclusively". Meaning it is only for and use in an FA firearm. however since the items (per your statement) are used in both Semi and full auto then they should be legal to posses. Key will be that those parts are not usable only in the Full-Auto (FA) firearm and/or make your firearm become FA. Similar to how many mfg and people use an FA BCG in a normal AR-15 build. The FA BCG is required in a FA firearm, but it is not exclusive to it, and can be used in a std Semi auto AR and will not not make it FA.

Definitely worth a call the the MFG I would think to make sure you do not end up with a part you should not have.

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Thu Sep 26, 2019 1:55 pm
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Seriously, how many cops would even know WTF they're looking at if they open up your gun?
And why would they open your gun?

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Thu Sep 26, 2019 2:04 pm
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Location: Issaquah
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What was basically brought up in another conversation is the definition of "designed and intended." If designed and intended is by definition set more at the time of manufacture, then you could lean towards all parts being illegal. The parts were designed and intended to be used in the Sten SMG. Which is maybe the direction some sellers that don't ship parts kits to WA lean to cover themselves.

I agree that the "solely and exclusively" should push it out of the category, but that would be dependent the legal definition of "designed and intended" and not simply general use of the words.


Thu Sep 26, 2019 3:01 pm
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AR15L wrote:
Seriously, how many cops would even know WTF they're looking at if they open up your gun?
And why would they open your gun?

Probably none, but with it being a potential felony, it's not quite the game I want to play.


Thu Sep 26, 2019 3:08 pm
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Location: Puyallup
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Real Name: Shane
You guys might find this informative on the subject:

"Accordingly, we hold that to prove possession of a machine gun, the State must show possession of a firearm capable of automatic fire and of a corresponding ammunition supply device. This interpretation is consistent with the statute's plain language, legislative intent, and the rule of lenity, and it limits impairment of the right to bear arms. The State therefore needed to show that while Carter possessed a rifle modified for automatic fire, he also had dominion or control over “a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second,” or over the premises in which such a device was found. RCW 9.41.010(7)."

State v. Carter, 138 Wn. App. 350, 362, 157 P.3d 420, 425-26 (2007)

With the caveat of course that this isn't legal advice. Talk with an attorney and err on the side of caution.


Thu Sep 26, 2019 6:20 pm
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Apex is kinda prudes when it comes to wa law. There are other vendors. The cowards at IO and CFS wont even sell AR15 parts kits here. But they will sell parts kit built akm's with auto sear trips on the carrier just fine.


Thu Sep 26, 2019 7:04 pm
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AR15L wrote:
Seriously, how many cops would even know WTF they're looking at if they open up your gun?
And why would they open your gun?


What HE said.

Yup.

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Fri Sep 27, 2019 12:59 am
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Meanwhile, ten felons committed crimes with illegal guns in the last hour and nobody cared.


Fri Sep 27, 2019 8:47 am
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