Eagle Firearms Rotating Header Image

October, 2011:

Private Firearms Sales

I wanted to write a quick blurb because I’ve recently received several questions about private transfers of firearms.

These are federal laws, I will speak a little bit to Washington State since we reside there. However these federal laws apply to everyone in every state. Your state may have more restrictive laws.

Transfer in State

It is legal at a federal level to do a private person-to-person transfer of a handgun or long gun to someone living in your state. I highly recommend (and some states may require it) that you fill out the states private transfer documents, as there are no federal documents required. (Click here for Washington State Form) This is only to protect you as the original owner, as the ATF or FBI through dealers may only track to you as the last weapon owner, a private state form would allow them to see proof you sold/gave the weapon to another person living in your state.

Its actually legal to ship a long gun person-to-person inside state borders without a dealer involved, however UPS and FEDEX usually will not allow it. USPS does however. It is NOT legal to ever ship a handgun in state without dealer involvement. Safest mode? Have your local FFL help you do any shipping of any firearms.

Transfer across State Lines

It is a felony to both the seller and the buyer to sell, give or transfer any long or hand gun to a person living in another state without dealer involvement. The only exception to this law is if the firearm in question was bequested (will’d) to the person in the other state. You can then transfer the firearm to them. I would keep that very well documented, or just do it through a dealer for safe measure.

So remember if you want to give/sell your any gun to someone living in another state, even a relative, you must involve a dealer in that transaction. It is a felony not to do so.

Antique or Curios Relic firearms are exempt from this law.

It is legal to temporary “Loan” or “rent” a firearm to a person of another state for temporary use.

Links

Silencers Legal to use/own in WA State

I updated my article on Silencers due to a change I didn’t notice even happened in April of this year. House Bill 1016 signed in by the house and the senate of washington this year legalizes the use over silenced weapons. This is a great change in Washingtons usual conservative view on firearms ownership. You still need a Class 3 dealer to do the transfer for you as the federal government considers these Type 2 items. This will require a $200 SOT fee to the BATF as well as the dealer transfer fees, plus WA state tax. Type 2 weapons also require fingerprints and a 2×2 photo be attached to every transfer document. So if you are prepared and have the cash its now legal to get one.

If you already have one, or moved into state already owning one, you are all set, its legal to have on your gun now.

HB Change: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202011/1016.SL.pdf
Eaglefirearms Article: http://eaglefirearms.com/?page_id=9