Washington State Gun Law Problem
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  1. #41
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    Quote Originally Posted by Absalom View Post
    No argument there. It's his business.

    But I always like to get the responsible party pinned down. Gun owners generally scare easily when it comes to legal issues, and blanket statements not reflecting the law correctly could easily cost people a deal out of your state who may have a perfectly willing FFL on hand to ship to a C&R out of state. Those can likely be found if, as another poster alleged, you can also easily find FFL's who are willing to cheat on the sales tax (which appears certainly illegal ).
    I-594 has caused a lot of grief in the State of Washington. It is virtually impossible to find ANYONE who understands it in its totality, including law enforcement. Everyone just flies by the seat of their pants when it comes to enforcement of the issue.

    As far as FFLs cheating on state sales tax, I doubt that happens. The WA Sate Dept. of Revenue conducts audits of every business in the state that collects sales tax. If a business is found to be in violation, they can lose their business license. In Washington State every FFL has to have a business license, so by not collecting sales tax they put their FFL in jeopardy. Doesn't make much sense to do that.
    Sportsdad60 and ei8ht like this.
    I've traveled a long way in my lifetime, and some of the roads weren't paved.

  2. #42
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    I know one (now out of business) who would "bend" the sales tax rule. He over extended and went bankrupt for other reasons.

  3. #43
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    In ohio the C&R license permits a C&R licensee to buy C&R guns for their own private use: Not for resale. A C&R holder never could ship guns as that would constitute "being in the business." A C&R holder in OH can buy a C&R firearm and have it shipped directly to his home. I have to have an 01 licensee send any firearm for me. OH hasn't gone stupid yet, but give them time. jmho
    ei8ht likes this.

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  5. #44
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    I live in Washington, in Seattle, and have purchased 2 firearms since the law went into effect, both from FFLs, and the only problem was it took the King County sheriff dept a full month (24 business days) to do the background check. That is ridiculous. Why? I am a vet, retired Coast Guard, have never been arrested, don't even have parking tickets, don't do drugs, have held various clearances at the Federal level, etc etc. (then again maybe they didn't believe that and were digging for something, LOL) I have owned firearms since I bought my first one in 1965. What's the hold up? (sorry, bad pun) I have never wanted or needed a CCl, but I am sorely tempted to get one just to eliminate the hassle.

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    I believe a great deal of the state's problems is it wants money from the sales tax on everything sold. Sell a gun out of state and what tax can they collect? Washington state is a real inovator at going after folks money, they taxed the sale of guns and ammo right out of Seattle.

    Edited to add, 5 cents a round on ammo plus $25 a gun plus sales tax....
    Last edited by 459459; 05-18-2017 at 06:51 PM.

  7. #46
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    That's why I bought my latest purchase at a military exchange. No sales tax. (and I got a 10% discount!). Anyway, I think the county sheriff is either overwhelmed with requests for background checks, or just slow and seriously understaffed. That seems to be the only reasonable (???) explanation. Other counties in Washington don't seem to have this problem.

  8. #47
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    I am a lawyer (a real one, not a keyboard lawyer) and I absolutely agree with Absalom here. According to the plain language of the statute, the FFL dealer could legally transfer to an out of state C&R holder. As has been mentioned (and Absalom completely agrees with) the FFL dealer can choose to refuse to do so if he chooses. That's his business. But it most certainly would not be a violation of that statute to do so. You will just have to find a FFL dealer in WA willing to do the transfer (probably easier said than done). But anyone claiming they can't legally do it because of that statute is simply mistaken. It isn't even ambiguous on that point. And as a lawyer I've seen some ambiguous statutes.
    Last edited by Zenas; 05-19-2017 at 10:41 AM.

  9. #48
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    Quote Originally Posted by Mike Faires View Post
    Because the guy I was buying from told me his FFL would not ship to a C&R based on the state law and I would have to pay a FFL on my end to make it work. The gun was a C&R certified by ATF and totally eligible for the transfer except for the Washington state statute.
    Have not read through the whole thread, but-and it can be more expensive with handguns,there is no Federal requirement that the seller have or use a FFL to ship the gun,the buyer must have a FFL (in your description the gun is a C&R) or use a FFL. The seller should be able to send then gun directly to you if he has a copy of your FFL.

  10. #49
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    Quote Originally Posted by SBH View Post
    In ohio the C&R license permits a C&R licensee to buy C&R guns for their own private use: Not for resale. A C&R holder never could ship guns as that would constitute "being in the business." A C&R holder in OH can buy a C&R firearm and have it shipped directly to his home. I have to have an 01 licensee send any firearm for me. OH hasn't gone stupid yet, but give them time. jmho
    Federally a C&R FFL can buy and sell and trade C&R qualified guns as many times as he wants , as long as its for collection to enhance collection he may not do it as a business.
    I buy with the intention to resell and that requires a 01 FFL.

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    Quote Originally Posted by Zenas View Post
    I am a lawyer (a real one, not a keyboard lawyer) and I absolutely agree with Absalom here. According to the plain language of the statute, the FFL dealer could legally transfer to an out of state C&R holder. As has been mentioned (and Absalom completely agrees with) the FFL dealer can choose to refuse to do so if he chooses. That's his business. But it most certainly would not be a violation of that statute to do so. You will just have to find a FFL dealer in WA willing to do the transfer (probably easier said than done). But anyone claiming they can't legally do it because of that statute is simply mistaken. It isn't even ambiguous on that point. And as a lawyer I've seen some ambiguous statutes.
    Thank you sir.


 
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