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[ 5 posts ] |
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Incomplete guns (ie, AR15 Lowers) not 'Firearms' in Wash?
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Stokes
Site Supporter
Location: Oly Joined: Thu Oct 4, 2012 Posts: 1343
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I've dug through the threads here, but I can't seem to find this specific issue addressed. I saw someone else mention that the term 'firearm' isn't exactly the same anymore, and that it'll cause some confusion.
So... on a Federal level, an AR15 lower is considered a firearm, and those federal laws would govern it (including no prohibition of private party transfers between eligible parties).
But, on a State level, we now have the new RCW 9.41 that has I-594 incorporated into it.
RCW. 9.41.010 (9) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. (10) "Gun" has the same meaning as firearm. (18) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand. (19) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
A lower, on it's own can't fire projectiles and isn't designed to do so. And, a lower, being just a hunk of machined metal with no moving parts nor circuitry isn't really a device. Unless being used as a bludgeon, it's not really a weapon either.
SO, according to the State of Washington, as defined in RCW 9.41.010, an AR15 lower isn't a firearm and as such would not be subject to the regulations outlined by that section. Private party transfers, in accordance with Federal Law, would have no prohibitions.
Sound legit?
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Tue Dec 30, 2014 10:16 pm |
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Col_Temp
Site Supporter
Location: Lake Stevens Joined: Fri Jan 3, 2014 Posts: 6218
Real Name: Paris
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This has been bandied about in some other threads. In short who knows! Your reasoning is sound and until the AOG gets off his rear end and declares what the mess 594 means in terms of how it should be enforced, no one can really know for sure.
Note, now that the SAF has challenged the law in federal court. It may be somewhat of a mute point as the Federal Court may put the whole piece of junk on hold until it can be determined if legal. AND contrary to what they tried to say in the initiative. If one part fails the whole thing fails. AND frankly the Initiative should have been invalid from the start as it deals with more than one topic. State Law!
_________________Paris You can never be too prepared. Consider the ant thou sluggard. Proverbs 27:12 -- “A prudent person foresees the danger ahead and takes precautions. The simpleton goes blindly on and suffers the consequences.”Need Long term Food or Survival Supplies, I have extras, Grab the Supplies_Available.pdf. Prices Quoted are close to my actual cost: https://backupcomputing.workplace.datto.com/filelink/6af06-883bf7e-31d469c0e1-2Link corrected 1/30/2021. The prudent Wagunner trains and prepares to defend themselves and their families, friends, and neighbors. They also are prepared to feed, shelter, and provide aid as well. Danger is coming and may already be here, how prepared are you? Click the link above for lots of good info to get started.
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Tue Dec 30, 2014 10:57 pm |
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Stokes
Site Supporter
Location: Oly Joined: Thu Oct 4, 2012 Posts: 1343
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You're right about SAF and their suit. It'll be fun for them to say it's a single issue initiative, but then allow severability to separate out a bad issue!
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Tue Dec 30, 2014 11:10 pm |
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kf7mjf
Site Supporter
Location: Olympia Joined: Sat Oct 29, 2011 Posts: 16044
Real Name: Steve
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I am convinced 594 was never written as an initiative, but was originally going to be pushed as a piece of legislation, and was simply copy/pasted over for an initiative.
_________________ "I won't insult your intelligence by suggesting that you really believe what you just said." - William Buckley, Jr.
"...steam, artillery and revolvers give to civilized man an irresistible power." -Perry Collins
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Tue Dec 30, 2014 11:18 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52067
Real Name: Steve
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Stokes wrote: Sound legit? Sounds legit to me. Based on our earlier discussions, it is my personal opinion that it is legal to do private-party transfers of AR lowers in Washington; they are not "firearms" per Washington state law. I'm going to lock this thread and point you to this one, where we discussed it in some detail: http://www.waguns.org/viewtopic.php?f=114&t=49768
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Wed Dec 31, 2014 9:04 am |
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