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Wash. state inheritance

JimmyJackJimmyJack Member Posts: 3,996 ✭✭✭
edited July 2018 in Ask the Experts
Any restrictions on taking long gun inheritance (2) to Grandson in Wa. State?

Comments

  • mark christianmark christian Forums Admins, Member, Moderator Posts: 22,977 ******
    edited November -1
    In order for an heir to inherit real property, Grandpa (the previous owner) has to be legally dead. If you happen to be Grandpa...you can see the obvious dilemma. If you are Grandpa's friend or the executor of Grandpa's estate, you cannot deliver the guns out of state. The grandson either shows up in person to take them, or they have to be shipped to a dealer for transfer.
  • yoshmysteryoshmyster Member Posts: 19,211 ✭✭✭
    edited November -1
    I thought everything now "has" to go through FFL.
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 22,977 ******
    edited November -1
    quote:Originally posted by yoshmyster
    I thought everything now "has" to go through FFL.


    RCW 9.41.113
    Firearm sales or transfers?Background checks?Requirements?Exceptions.

    (h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.



    As I read the regulations, long guns are exempt...but the former owner still has to be dead. In any case, federal law does not allow firearms obtained through interstate bequest to be delivered across state lines without the use of a FFL for transfer.
  • JimmyJackJimmyJack Member Posts: 3,996 ✭✭✭
    edited November -1
    Then that means it is impossible to even gift guns to family?
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 22,977 ******
    edited November -1
    quote:Originally posted by JimmyJack
    Then that means it is impossible to even gift guns to family?


    Lets just cut to the chase...are you Grandpa? If you are then the guns cannot be inherited by anyone until you are dead, which I hope is a long time in the future. Gifting is an entirely different process than inheritance.
  • ruger41ruger41 Member Posts: 14,428 ✭✭✭
    edited November -1
    Here in Washington State we have the ridiculous I-594 that requires transfers by FFL for ALL firearms except antiques. No FFL is required for a GIFT of a firearm from an immediate relative of which a Grandparent is one so no death is required.
    http://app.leg.wa.gov/RCW/default.aspx?cite=9.41.113
  • JimmyJackJimmyJack Member Posts: 3,996 ✭✭✭
    edited November -1
    Thank you Ruger, that clears the issue.
  • nmyersnmyers Member Posts: 16,368 ✭✭✭
    edited November -1
    I think that it just clouded the issue.

    I thought that Mark's first answer was based on federal law, which takes precedence over state law.

    Since your profile indicates that you are a resident of another state, then interstate transfers require an FFL.

    Neal
  • Bert H.Bert H. Member, Moderator Posts: 11,274 ******
    edited November -1
    quote:Originally posted by nmyers
    I think that it just clouded the issue.

    I thought that Mark's first answer was based on federal law, which takes precedence over state law.

    Since your profile indicates that you are a resident of another state, then interstate transfers require an FFL.

    Neal


    Neal,

    The "RCW" that Mark quoted is "Revised Code of Washington" law.

    A gift or inheritance from a direct relative (even if out of state) is not an issue, and it does not require an FFL transfer. Simply deliver the long guns to the grandson in person.
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