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Firearm Transfer to Felon Household?

Tue Dec 24, 2019 10:47 pm

Hi all - first time poster here.

I'm sadly moving back to CA soon and need to get rid of an off roster handgun.

My half sister was a shooter years ago and had shown interest in getting a pistol for concealed carry and home defense - instead of selling the gun I'd like to just give it to her instead.

I've never transferred a firearm in WA and am unsure of the process, and am unsure if there is anything special to know for inter-family transfers (In CA it is cheaper / easier).

The elephant in the room is that her husband has a felony conviction from when he was in highschool - I do not know the specifics of the conviction, but I do know that he is prohibited from owning a firearm - my question is does his conviction prevent my sister from having a gun in the home?

My gut says no, so long as he doesn't own or handle the gun it seems like she should still be able to keep and bear herself - but I've heard stupider things.

(For the record - I've known him since 2003 and hes been nothing but an excellent husband and father, and I have 100% full trust in him. So long as my sister is legally allowed to posses a firearm, I don't think he would do anything to risk or endanger her legal ownership.)

Thank you very much for any insight you guys have on the issue.

(Additionally - I'm in Kent, she is in Lake Tapps - I was planning to give her a couple refresher days of instruction and range time - I've only ever been to Federal Way Discount up here - if you guys have any suggestions for a better shop or range to shoot and do any paper work I would appreciate it.)

Thanks again,

Re: Firearm Transfer to Felon Household?

Tue Dec 24, 2019 11:03 pm

cali..... :frust: any ways moving on....



1) she can keep it as long as he has no access to it like a safe.
2) go to ssg south sound guns (lacey) last I heard the transfers were free
3) depending on his case from the past. have him go see a judge and get his right reinstated.

Re: Firearm Transfer to Felon Household?

Wed Dec 25, 2019 2:25 am

cmica wrote:cali..... :frust: any ways moving on....



1) she can keep it as long as he has no access to it like a safe.
2) go to ssg south sound guns (lacey) last I heard the transfers were free
3) depending on his case from the past. have him go see a judge and get his right reinstated.
This.

I know several folks that had their rights restored, but it does cost. Lawyers aren't cheap.

Re: Firearm Transfer to Felon Household?

Wed Dec 25, 2019 7:30 am

You can give her the gun, no transfer required. Gifts to direct family are exempted from the BGC requirements in WA.

Other than that, the firearm needs to be inaccessible to the ineligible person. If in a safe, he cannot know the combo or have access to the keys.

And, as others have said, getting rights restored is very possible in WA unless the felony was for DV, doing something armed or violent, or sex offense related.

It’s actually not expensive at all, the process is spelled out very well in the RCWs. It’s time consuming, but worth it!

Re: Firearm Transfer to Felon Household?

Wed Dec 25, 2019 8:00 am

cmica wrote:cali..... :frust: any ways moving on....



1) she can keep it as long as he has no access to it like a safe.
2) go to ssg south sound guns (lacey) last I heard the transfers were free
3) depending on his case from the past. have him go see a judge and get his right reinstated.




SSG now charges $10 for transfers. Too many people abused the free transfer for huge numbers of guns, so they had to start charging a small fee to cover costs.

Re: Firearm Transfer to Felon Household?

Wed Dec 25, 2019 8:08 am

scorpion rider wrote:
cmica wrote:cali..... :frust: any ways moving on....



1) she can keep it as long as he has no access to it like a safe.
2) go to ssg south sound guns (lacey) last I heard the transfers were free
3) depending on his case from the past. have him go see a judge and get his right reinstated.




SSG now charges $10 for transfers. Too many people abused the free transfer for huge numbers of guns, so they had to start charging a small fee to cover costs.

~
I don't think anyone would balk at a $10 fee. Personally their no fee transfer made me a customer for life, and when picking up guns I try to buy anything they had which I needed. They will get all my upcoming ceracote work

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 2:27 pm

Thanks for the replies all, does SSG also have a range?

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 2:35 pm

No. They do not.

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 3:11 pm

beckdw wrote:
cmica wrote:cali..... :frust: any ways moving on....

3) depending on his case from the past. have him go see a judge and get his right reinstated.
This.

I know several folks that had their rights restored, but it does cost. Lawyers aren't cheap.


Two parts to it.
1) vacation of conviction
2) restoration of firearm rights.

Pretty easy, a lot of people do it themselves. Can download the forms from any courthouse web site.
If you hire a lawyer, get one who specializes in firearm law. Takes the lawyer about a half hour to do, don't even need to go to court, can fax it in. Going rate is $500- $1,000.

Do it yourself:

1) Go to WATCH, pay $10, and print out your rap sheet showing no further convictions.
2) Send that along with 'Motion for Vacation of Conviction' in the court of conviction
3) If you meet the criteria, it will be approved. Pretty much a shall issue.
4) Then file 'Motion for Restoration of Firearm Rights' to the same court along with a copy of your approved vacation.
5) When that is approved, wait a week and run another WATCH. Sometimes you have to call them and have them update your rap sheet and send the results to FBI.

Can do the same with most DV misdemeanors after 3 years in the community violation free and also file notice with the prosecutor of record BEFORE the motion for vacation.

About the only reason a vacation will be denied is not enough time in community after conviction (5 years for C felony, 10 years for B felony), further violations, not paying your court fees/fulfilling probation requirements, or the conviction was an A felony, violent felony, a firearm was involved, an alcohol related felony, or a sexual crime. Those stay on forever.

Vacation/restoration is something he should really consider doing.

As far as locking up the gun, make sure any guns are behind a combination lock. Hard to prove somebody knows a combination.
Safe key on a key ring laying on a table could be seen as constructive possession.

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 3:38 pm

Great advice for the transfers and securing the firearm. If your sister would like some additional instruction after you’re finished we teach women-only protection and home defense courses.
Https://adventureprotection.org.

The kick-ass defense attorney we work with might be able to help or at least advise you on firearm rights restoration.
Happy to talk further if you’d like.

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 8:28 pm

Guntrader wrote:or the conviction was an A felony, violent felony, a firearm was involved, an alcohol related felony, or a sexual crime. Those stay on forever.

Vacation/restoration is something he should really consider doing.

As far as locking up the gun, make sure any guns are behind a combination lock. Hard to prove somebody knows a combination.
Safe key on a key ring laying on a table could be seen as constructive possession.


Good advice on the combo lock.

As far as his offense I'm unsure, and the general beating around the bush leads me to suspect it maybe have been something like statutory rape - something heinous and less pleasant to discuss with the family ya know. Either way he is almost 40 and has been a model citizen since then.

He broadly likes guns but is less security oriented than my sister - so I don't think he would be heart broken if he couldn't get his rights re-instated.

Re: Firearm Transfer to Felon Household?

Thu Dec 26, 2019 8:30 pm

Rutilate wrote:Great advice for the transfers and securing the firearm. If your sister would like some additional instruction after you’re finished we teach women-only protection and home defense courses.
Https://adventureprotection.org.

The kick-ass defense attorney we work with might be able to help or at least advise you on firearm rights restoration.
Happy to talk further if you’d like.


Thanks, I'll send her your way for sure.

She hasn't used a gun in about 20 years, but as far as I've heard she was pretty talented. I'm going to give her a couple days of hands on / dry fire and hopefully a couple trips to the range (at least 1) before I hand over my pistol, but I think regular training is a must to maintain your skill set.

Re: Firearm Transfer to Felon Household?

Fri Dec 27, 2019 8:45 am

Getting firearms rights restored is not a cut and dry as you think when the offence occurs in a state such as commiefornia. That state was jerking someone around I know for a couple years just to get a drivers license issued in another state. When the second state does not have the offending charge then it turns into a cluster flop.

Re: Firearm Transfer to Felon Household?

Fri Dec 27, 2019 8:48 pm

Just for the record you’re allowed to move into the state with an off roster handgun you just have to register it. It can also be sold in state no problem for about 3x what it’s actually worth. I would suggest buying any handguns you want now that are off roster as if you find you don’t like them later on down the road you can always sell them for a lot more.


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Re: Firearm Transfer to Felon Household?

Fri Dec 27, 2019 9:20 pm

MyNameIs940 wrote:Just for the record you’re allowed to move into the state with an off roster handgun you just have to register it...
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First I've heard of this. Please provide more info (links are best). Where/how/with whom does one register this hypothetical handgun?
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