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USA
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Posted: 6/8/2024 3:13:54 AM EDT
[Last Edit: PolarBear416]
https://www.atg.wa.gov/ConcealedWeapons/FAQ.aspx#35
Do RCW 9.41.370 and 9.41.375 prohibit the transfers of large capacity magazines? RCW 9.41.370 does not prohibit transfers, which are defined as 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. However, you may need to comply with the background check requirements for private transfers of firearms under RCW 9.41.113. Facilitating the transfer of a large capacity magazine online is prohibited under RCW 9.41.375. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the State of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business. Am I reading that right? So long as it's a bona fide gift, with nothing received in return, and not facilitated online, it's perfectly legal? |
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Posted: 6/8/2024 10:05:23 PM EDT
[#1]
Admittedly I am not as knowledgeable on the infringements as I used to be, for many reasons but no; not not legally
https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.370 RCW 9.41.370 Large capacity magazines—Exceptions—Penalty. (1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section. (2) Subsection (1) of this section does not apply to any of the following: (a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state. (3) A person who violates this section is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. https://www.atg.wa.gov/ConcealedWeapons/FAQ.aspx#24 How does Washington law define “distribute”? The law defines “distribute” to mean to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in state or out-of-state. This includes, but is not limited to, filling orders placed in this state, online or otherwise and causing a firearm or large capacity magazine to be delivered in Washington state. |
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Posted: 6/9/2024 2:56:21 AM EDT
[#2]
So you gift it anyway......
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USA
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Posted: 6/9/2024 2:59:35 AM EDT
[#3]
Quote HistoryOriginally Posted By Phil_in_Seattle: Admittedly I am not as knowledgeable on the infringements as I used to be, for many reasons but no; not not legally https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.370 RCW 9.41.370 Large capacity magazines Exceptions Penalty. (1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section. (2) Subsection (1) of this section does not apply to any of the following: (a) The manufacture, importation, distribution, offer for sale, or sale of a large capacity magazine by a licensed firearms manufacturer for the purposes of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (b) The importation, distribution, offer for sale, or sale of a large capacity magazine by a dealer that is properly licensed under federal and state law for the purpose of sale to any branch of the armed forces of the United States or the state of Washington, or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes; (c) The distribution, offer for sale, or sale of a large capacity magazine to or by a dealer that is properly licensed under federal and state law where the dealer acquires the large capacity magazine from a person legally authorized to possess or transfer the large capacity magazine for the purpose of selling or transferring the large capacity magazine to a person who does not reside in this state. (3) A person who violates this section is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. https://www.atg.wa.gov/ConcealedWeapons/FAQ.aspx#24 How does Washington law define "distribute"? The law defines "distribute" to mean to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in state or out-of-state. This includes, but is not limited to, filling orders placed in this state, online or otherwise and causing a firearm or large capacity magazine to be delivered in Washington state. I would read it the way you do if the FAQ posted by the Attorney General didn't seem to say the opposite. |
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WA, USA
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Posted: 6/9/2024 12:46:42 PM EDT
[#4]
Quote HistoryOriginally Posted By PolarBear416: I would read it the way you do if the FAQ posted by the Attorney General didn't seem to say the opposite. This is what happens when the politicians make laws about things they have zero first-hand knowledge of. Since these laws were only passed to punish Conservatives, you can take an educated guess at how they will be applied and against whom. |
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Posted: 6/9/2024 1:11:26 PM EDT
[#5]
I don' t recognize side show Bob or his side kick Jay, there is no federal law stating you can't, so you can do what you want.
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USA
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Posted: 6/9/2024 7:57:36 PM EDT
[Last Edit: PolarBear416]
[#6]
To me it looks like they are distinguishing between private transfer and public distribution. The definition of distribution quoted doesn't use the word public, and does say "any person", so it's unclear.
But the FAQ from the AG reads like distribution is some kind of arms length transaction and is different than a private transfer between family and friends. They are saying the only requirement on private transfer is a background check, which wouldn't apply to a magazine. The same FAQ exists for transferring an assault weapon so according to this you can also gift a salty rifle to family or friends. |
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USA
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Posted: 6/9/2024 8:31:05 PM EDT
[Last Edit: PolarBear416]
[#7]
I guess it depends on how you read "any person". There are two ways to read that
One way to read it is that it means any individual, including your friends, since they are all people in this state. That makes any transfer illegal But the other way to read it is that distributing means being willing to transfer to "any person" who wants one, like a store willing to sell to anyone in the state who comes in. So a gift to you friend isn't distribution because you wouldn't do that for "any person", you would only do that, privately, for an actual friend. This difference is a big difference for anyone wanting to give a rifle or standard magazine to a relative who doesn't have one or a friend who recently got into shooting. |
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UT, USA
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Posted: 6/10/2024 10:32:02 AM EDT
[#8]
Originally Posted By PolarBear416: https://www.atg.wa.gov/ConcealedWeapons/FAQ.aspx#35 Do RCW 9.41.370 and 9.41.375 prohibit the transfers of large capacity magazines? RCW 9.41.370 does not prohibit transfers, which are defined as 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. However, you may need to comply with the background check requirements for private transfers of firearms under RCW 9.41.113. Facilitating the transfer of a large capacity magazine online is prohibited under RCW 9.41.375. "Transfer" does not include the delivery of a firearm owned or leased by an entity licensed or qualified to do business in the State of Washington to, or return of such a firearm by, any of that entity's employees or agents, defined to include volunteers participating in an honor guard, for lawful purposes in the ordinary course of business. Am I reading that right? So long as it's a bona fide gift, with nothing received in return, and not facilitated online, it's perfectly legal? Magazines aren't firearms, so their FAQ is incorrect. Mags are critical for many firearms to operate, but they themselves are not firearms. 9.41.010 spells out what "distribute" means, so no, you can't gift one to a friend. The "Distributor" would be you, since the state doesn't identify it, let alone define it as a commercial operation. (11) "Distribute" means to give out, provide, make available, or deliver a firearm or large capacity magazine to any person in this state, with or without consideration, whether the distributor is in-state or out-of-state. "Distribute" includes, but is not limited to, filling orders placed in this state, online or otherwise. However, you can probably get away with going to ID or OR or someplace else and gifting the mag, as the law states "any person in this state." The law does not specify that person has to be a resident of WA. I did notice there's a serious problem with the exemptions of the WA "large capacity magazine" definition: "(b) A 22 caliber tube ammunition feeding device;" and it still hasn't been fixed in new legislation. The whole specific definition (emphasis mine): (25) "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following: (a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition; (b) A 22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm. Therefore, someone needs to come out with a mag - or start calling it - 22 Caliber Tube. There isn't a 22 caliber firearm or cannon (it's 558.8mm if you want to check), so it's an exemption for something that doesn't exist. Until it does. Too bad Magpul won't do anything. |
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USA
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Posted: 6/12/2024 1:36:56 AM EDT
[#9]
My mags identify as meth pipes. I'm GTG then.
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