Private transfer?

[u/Secret-Bus1760]

My buddy has an AR-15 he bought pre ban, and he was talking about selling it, and I was wondering if we took it to an FFL does pre ban acquired ARs still apply to the ban? Would I be able to purchase his AR? I couldn't really find a part of the law that specifically mentioned private sales of banned guns that are already in existence. So if anyone has any advice or tips on that. I just wanna buy my buddies AR lol

[u/Akalenedat]

He can gift it to you. He cannot sell it to you.

[u/71firebird400 → u/[deleted]]

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

[u/Secret-Bus1760 → u/71firebird400]

I was reading the RCW, and it seems that the banned firearms still might apply even if it's a gift, do you think calling an FFL would be the next move? To see if they would allow him to gift his ar to me?

[u/0x00000042 → u/Secret-Bus1760]

Which part of RCW are you concerned still applies? Please quote or link to the exact section and we can break it down.

[u/Masa87 → u/0x00000042]

can he gift it to him? legally?

[u/0x00000042 → u/Masa87]

Yes.

The state AG has clarified that transfers of assault weapons are not prohibited, including bona fide gifts or loans:

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.

However, RCW 9.41.113 requires most private transfers to go through a dealer, including gifts between friends. 

So a genuine gift is legal but would be required to go through a dealer. 

[u/Secret-Bus1760 → u/0x00000042]

But if you do the deal through a dealer, wouldn't that mean you're transferring the firearm to an FFL dealer who then would transfer it to you? Wouldn't that be illegal?

[u/0x00000042 → u/Secret-Bus1760]

Not illegal. The AG's clarification specifies that any transfer is not illegal.

[u/Secret-Bus1760 → u/0x00000042]

Well I asked sporting systems.com and he said "Under current Washington law, you cannot sell, manufacture, import, gift, or otherwise transfer to another resident in the state of Washington"

[u/0x00000042 → u/Secret-Bus1760]

Dealers are gonna make up their own minds, but the state AG has clarified that transfers of assault weapons are not prohibited, where transfers includes things like gifts and includes going through a dealer to complete the transfer.

Note that it's still illegal to sell an assault weapon privately, even if you would otherwise transfer it through a dealer. The distinction there is that the act of selling is illegal, but the act of doing a background check and other "transfer" activities is not.

[u/Secret-Bus1760 → u/0x00000042]

Sorry to double message you but RCW 9.41.1132

"The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling it transferring the firearm from its inventory to the purchaser or transferee."

So doesn't that mean that the FFL dealer that the firearm is being given to, to transfer to me has to follow state laws, and the state laws prohibit AR-15s? Im gonna call the FFL today on my lunch break just to be sure

[u/0x00000042 → u/Secret-Bus1760]

I believe you mean RCW 9.41.113:

( 3) Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows: (a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee

Per the AG, the AWB only prohibits selling, not transferring.

In the case of a gift, the giver isn't selling it, so it's not a sale, and the dealer isn't selling it, so it's still not a sale. The giver is transferring it, which state law requires goes through a dealer, who then must transfer it as if they were transferring from their own inventory.

[u/Secret-Bus1760 → u/0x00000042]

Okay, awesome! Thank you! Sorry, I wasn't doubting or arguing with you. That legal jargon makes no sense to me so I was just confused

[u/0x00000042 → u/Secret-Bus1760]

All good, your questions weren't bothersome!

Reddit's being lame today and not always showing me comments in context of their conversation, so it was a little hard to follow the flow. I had to be very specific about what I was saying, my apologies if that came off confrontational!

[u/Secret-Bus1760 → u/0x00000042]

No not at all, I just thought my responses seemed argumentative, I'll still call some FFLs on my lunch break to see if there's one in my town who would facilitate a gifting of an AR. Using the AGs website is going to be really helpful, I appreciate it! Very much