[WSBAPT] PR's duty re weapons of decedent

[Sam Furgason]

I-594

Sec 3

(1) All firearm sales or transfers, in whole or part in this state including
without limitation a sale or transfer where either the purchaser or seller
or transferee or transferor is in Washington, shall be subject to background
checks unless specifically exempted by state or federal law. The background
check requirement applies to all sales or transfers including, but not
limited to, sales and transfers through a licensed dealer, at gun shows,
online, and between unlicensed persons.

Sec 2

(25) "Transfer" means 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.

(17) "Person" means any individual, corporation, company, association, firm,
partnership, club, organization, society, joint stock company, or other
legal entity.

Sec 3 (again)

(4) This section does not apply to:

(g) 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. 

 

So, what is "operation of law" (not defined in the initiative)? Probate?
Since a PR administers an estate but has no titular interest, has he or she
"acquired" a firearm (also not defined)? Also, if section 3 does not apply
(by reason of subsection (4) thereof) to (4)(g), what's the reporting about?
Furthermore, the PR may not either transfer or intend to keep the pistol,
but to dispose of it in the ordinary course of administration. Seems to me
that long guns are exempt from any reporting; but the language on pistols
(which includes revolvers) is a bit inconsiderate of estate administrators.


 

S  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Guardhi at aol.com
Sent: Monday, December 15, 2014 3:06 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR's duty re weapons of decedent

 

It has been told to me that a PR is under a duty to notify department of
licensing in Olympia of the existence, in an estate, of pistols and rifles.
Is this true?

 

Kenyon Luce

Tacoma, WA

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