[WSBAPT] PPM - Transfer of Guns

[Brent Williams-Ruth]

Thank you!

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Wed, Aug 28, 2024 at 2:45 PM Margaret Delp <delp at whidbey.net> wrote:

> Hello Brent and Paul:
>
>
>
> I found the message below posted a few years ago on the listserve… it
> suggests a desire for privacy as a reason to not list firearms in estate
> plans.
>
>
>
> -Margaret
>
> --
>
> Margaret Delp (she/her)
>
> Law Office of Margaret Delp
>
> Mailing Address: PO Box 292, Langley, WA 98260
>
> NEW LOCATION:
>
> 5671 Crawford Road
>
> Langley, WA 98260 (next door to Unity of Whidbey)
>
> Phone: 360-579-4530
>
> Fax: 360-512-3114
>
> www.delp-law.com
>
>
>
>
>
>
>
>
>
> Denise,
>
> Below is the WA Statute on background checks and I’ve highlighted the
> exception that applies for inheritances by family members. You do need to
> watch the 60 days (4(h)), so the PR should plan to get the bequests done
> within that time period. If the family member exception doesn’t apply, then
> the PR and beneficiary can go to a local gun shop and get all of the
> background check paperwork done for the transfer. Most of them only charge
> a minimal fee for the service. If you need a valuation, then the shop may
> be able to provide that for you too.
>
> Like a lot of personal property items, my preference is to put the firearm
> bequests on a separate specific bequest list. That way, the testator/trix
> can update the list at their leisure whenever they want without having to
> do a codicil to their Will. Some clients prefer to be opaque regarding
> these items and do not like to include a lot of identifying information
> regarding them in their estate planning documents. They do not ever want
> the specific information about what they had to end up in the public
> domain. It really depends on the client.
>
>
>
> *RCW **9.41.113* <http://app.leg.wa.gov/RCW/default.aspx?cite=9.41.113>
>
> *Firearm sales or transfers**—**Background checks**—**Requirements**—*
> *Exceptions.*
>
> (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.
>
> (2) No person shall sell or transfer a firearm unless:
>
> (a) The person is a licensed dealer;
>
> (b) The purchaser or transferee is a licensed dealer; or
>
> (c) The requirements of subsection (3) of this section are met.
>
> (3) Where neither party to a prospective firearms transaction is a
> licensed dealer, the parties to the transaction shall complete the sale or
> transfer through a licensed dealer as follows:
>
> (a) The seller or transferor shall deliver the firearm to a licensed
> dealer to process the sale or transfer as if it is selling or transferring
> the firearm from its inventory to the purchaser or transferee, except that
> the unlicensed seller or transferor may remove the firearm from the
> business premises of the licensed dealer while the background check is
> being conducted. If the seller or transferor removes the firearm from the
> business premises of the licensed dealer while the background check is
> being conducted, the purchaser or transferee and the seller or transferor
> shall return to the business premises of the licensed dealer and the seller
> or transferor shall again deliver the firearm to the licensed dealer prior
> to completing the sale or transfer.
>
> (b) Except as provided in (a) of this subsection, the licensed dealer
> shall comply with all requirements of federal and state law that would
> apply if the licensed dealer were selling or transferring the firearm from
> its inventory to the purchaser or transferee, including but not limited to
> conducting a background check on the prospective purchaser or transferee in
> accordance with federal and state law requirements, fulfilling all federal
> and state recordkeeping requirements, and complying with the specific
> requirements and restrictions on semiautomatic assault rifles in chapter 3,
> Laws of 2019.
>
> (c) The purchaser or transferee must complete, sign, and submit all
> federal, state, and local forms necessary to process the required
> background check to the licensed dealer conducting the background check.
>
> (d) If the results of the background check indicate that the purchaser or
> transferee is ineligible to possess a firearm, then the licensed dealer
> shall return the firearm to the seller or transferor.
>
> (e) The licensed dealer may charge a fee that reflects the fair market
> value of the administrative costs and efforts incurred by the licensed
> dealer for facilitating the sale or transfer of the firearm.
>
> (4) This section does not apply to:
>
> (a) A transfer between immediate family members, which for this subsection
> shall be limited to spouses, domestic partners, parents, parents-in-law,
> children, siblings, siblings-in-law, grandparents, grandchildren, nieces,
> nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;
>
> (b) The sale or transfer of an antique firearm;
>
> (c) A temporary transfer of possession of a firearm if such transfer is
> necessary to prevent imminent death or great bodily harm to the person to
> whom the firearm is transferred if:
>
> (i) The temporary transfer only lasts as long as immediately necessary to
> prevent such imminent death or great bodily harm; and
>
> (ii) The person to whom the firearm is transferred is not prohibited from
> possessing firearms under state or federal law;
>
> (d) A temporary transfer of possession of a firearm if: (i) The transfer
> is intended to prevent suicide or self-inflicted great bodily harm; (ii)
> the transfer lasts only as long as reasonably necessary to prevent death or
> great bodily harm; and (iii) the firearm is not utilized by the transferee
> for any purpose for the duration of the temporary transfer;
>
> (e) Any law enforcement or corrections agency and, to the extent the
> person is acting within the course and scope of his or her employment or
> official duties, any law enforcement or corrections officer, United States
> marshal, member of the armed forces of the United States or the national
> guard, or federal official;
>
> (f) A federally licensed gunsmith who receives a firearm solely for the
> purposes of service or repair, or the return of the firearm to its owner by
> the federally licensed gunsmith;
>
> (g) The temporary transfer of a firearm (i) between spouses or domestic
> partners; (ii) if the temporary transfer occurs, and the firearm is kept at
> all times, at an established shooting range authorized by the governing
> body of the jurisdiction in which such range is located; (iii) if the
> temporary transfer occurs and the transferee's possession of the firearm is
> exclusively at a lawful organized competition involving the use of a
> firearm, or while participating in or practicing for a performance by an
> organized group that uses firearms as a part of the performance; (iv) to a
> person who is under eighteen years of age for lawful hunting, sporting, or
> educational purposes while under the direct supervision and control of a
> responsible adult who is not prohibited from possessing firearms; (v) under
> circumstances in which the transferee and the firearm remain in the
> presence of the transferor; or (vi) while hunting if the hunting is legal
> in all places where the person to whom the firearm is transferred possesses
> the firearm and the person to whom the firearm is transferred has completed
> all training and holds all licenses or permits required for such hunting,
> provided that any temporary transfer allowed by this subsection is
> permitted only if the person to whom the firearm is transferred is not
> prohibited from possessing firearms under state or federal law;
>
> (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; or
>
> (i) A sale or transfer when the purchaser or transferee is a licensed
> collector and the firearm being sold or transferred is a curio or relic.
>
>
>
>
>
> Jennifer L. White, Esq.
>
> [image: cidimage001.jpg at 01D81E85.6D8647B0]
>
>
>
> jen at appletreelaw.com
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Denise Kuhlman
> *Sent:* Thursday, February 10, 2022 1:19 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Leaving Guns to Friends
>
>
>
> I am currently doing a will for a client with firearms they want to leave
> to specific individuals. The eventual recipients will, of course, have to
> go through background checks before receiving the inherited firearm(s), but
> until then I wonder if there is a "best practices" way to transfer the
> guns.
>
>
>
> What kind of information do I need to get from the client? Do I need to
> know the types of weapons (beyond whether they are Title One or Title 2)?
>
>
>
> Any advice would be appreciated.
>
>
>
> Thank you!
>
> Denise Kuhlman
>
> *Kuhlman Law Office, PLLC.*
>
> Office: (206) 795-6418
>
> Fax: (856) 344-1866
>
> Email: denise at kuhlmanlaw.com
>
> http://www.kuhlmanlaw.com/
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.kuhlmanlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=sb3CywjXw_ZvuyH_qncJuRqvfc2loGFw7irm-2ioB8s&s=dqGyK4Dw9p8x5YN4bzQWaCAlMTZw4Eerf8Lt8RMmpdA&e=>
>
>
>
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>
> *From: *<wsbapt-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <
> pneumiller at hotmail.com>
> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Date: *Wednesday, August 28, 2024 at 1:22 PM
> *To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject: *Re: [WSBAPT] PPM - Transfer of Guns
>
>
>
> Brent, did you get any responses?  I’m interested in the answer also.
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Monday, August 26, 2024 4:45 PM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] PPM - Transfer of Guns
>
>
>
> RCW 11.12.260 - does not prohibit the use of a Personal property
> memorandum for guns. I thought I had recall of that being discussed as part
> of the no-no list at a CLE, but I am not finding it in my course materials
> going back two years.
>
>
>
> Was I making that up in my head? I also did a quick search for case law
> and came up short. Appreciate confirmation one way or the other if you know
> it!
>
>
>
> Thank you,
>
> brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> For All Meetings & Scheduling: info at williams-ruthlaw.com
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.*** _______________________________________________ WSBAPT mailing
> list WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
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