[WSBAPT] Firearms transfers after I-594

[David Moe]

Please respond to list.

David Moe, Attorney
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Wednesday, August 10, 2016 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Firearms transfers after I-594


Listmates,



I am starting to run into this more frequently, and wonder if anyone has any specific guidance:



Client dies and the firearms owned are to be transferred to beneficiaries.



After I-594 was passed, RCW 9.41.113 (and certain other statutes) were amended to limit transfer of firearms without registration.  There are, however, certain exemptions.



9.41.113 (4)(a) exempts transfers between immediate family members that are bona fide gifts.

9.41.113 (4)(g) exempts transfers by operation of law upon the death of the prior owner of the firearm (if other than a pistol) or, if a pistol, the transfer is permitted so long as the transfer is completed through a lawful firearms dealer or the transferee has notified the Dept. of Licensing that he/she has possession and intends to retain possession of the pistol.



My reading of the first exemption is that it is probably intended to apply to inter vivos gifts between family members, although I think the language is somewhat ambiguous -- because a gift by will/trust is still a bona fide gift, and if the gift is made to an immediate family member, then why shouldn't that exemption apply?



The second exemption cited clearly applies, but it also covers gifts to non-family members.  The difference may be minor, but there is a requirement of registration (at least as to pistols) that goes with the second exemption, but not the first.



Has anyone else run into this?



Thanks, in advance, for your thoughts.


Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax

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