Can I take my wife’s gun to go shooting without her if it is considered an assault weapon by law?

[u/[deleted]]

[u/Mightknowitall]

Totally fine. Being an “assault weapon” has nothing to do with the legality. You are good using it if she is your wife and you are legally able to have a gun.

[u/vjw_ → u/Mightknowitall]

Cool thanks you!

[u/0x00000042]

Yes.

RCW 9.41.113 (4) provides several exceptions to the "universal background check" rules including (a) which exempts loans between immediate family and (g)(i) which exempts temporary transfers between spouses. This means there's no requirement to go through a dealer or deal with paperwork, transfer fees, and background check waits.

In addition, the state AG has clarified that transfers of assault weapons are not prohibited:

Does Washington law prohibit “transfers” of assault weapons?

The law does not prohibit transfers which are defined as the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. However, you may need to comply with the background check requirements for private transfers of firearms under RCW 9.41.113. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the State of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business.

[u/vjw_ → u/0x00000042]

Interesting, so transfer is possible via Bona Fide gift, from family. But you still have to do a background check?

[u/0x00000042 → u/vjw_]

Restated:

1. Transfers (like gifts and loans) of assault weapons are still legal per the AG
2. Private transfers of any firearm (including assault weapons) generally require going through a dealer and doing the paperwork for a background check
3. Private transfers of any firearm that are gifts or loans between immediate family are exempt from the requirement to go through a dealer and do the paperwork for a background check
4. Private transfers of any firearm that are temporary between spouses are also exempt from the requirement to go through a dealer and do the paperwork for a background check

[u/vjw_ → u/0x00000042]

Okay thank you!

[u/Im1dv8 → u/0x00000042]

Temporary transfer from teacher to student for purposes of training with no monatary inclusion while present?

[u/0x00000042 → u/Im1dv8]

Still a transfer and still legal under the AWB.

In addition, RCW 9.41.113 (4) (g) exempts the following temporary transfers from the requirements to go through a dealer:

(g) The temporary transfer of a firearm
...
(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;
(iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
...
(v) under circumstances in which the transferee and the firearm remain in the presence of the transferor
...

[u/Im1dv8 → u/0x00000042]

Thank you for the knowledge and assurance.

[u/Redbusser40]

Wife yes girlfriend no.

[u/CarbonRunner]

Long as it's not an NFA item

[u/Scythe_Hand]

How is this even a question?

[u/vjw_ → u/Scythe_Hand]

Because our state is retarded

[u/Scythe_Hand → u/vjw_]

Facts.