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Nothing contained in this section shall be construed as legal advice. All members and guests are advised to perform due diligence in regards to laws and legal actions.
Carrying & Transport of Someone Else's Weapon
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Loxley
Location: Seattle Joined: Tue Sep 13, 2016 Posts: 4
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Legal question here - is it legal to open-carry someone else's weapon? Can you also legally carry it in a vehicle? Thanks!
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Tue Dec 12, 2017 4:54 pm |
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edogg
Site Supporter
Location: Central FL Joined: Sun Apr 7, 2013 Posts: 3207
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Carrying isn’t illegal. Transferring could be.
Did you do a 594 transfer? Or is it from a direct family member?
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Tue Dec 12, 2017 5:10 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52064
Real Name: Steve
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edogg wrote: Carrying isn’t illegal. Transferring could be.
Did you do a 594 transfer? Or is it from a direct family member? Well, if a legal transfer was done (whether through an FFL or a bona fide gift to a family member), then it wouldn't be "someone else's weapon." The best I can tell, the answer to the question is "no" -- it's not legal to carry (or even possess) someone else's firearm, unless you're at a range or a legit event or one of the other exceptions under 594. There's no way to legally BORROW another person's gun. This is for the state of Washington, of course.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Tue Dec 12, 2017 5:18 pm |
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edogg
Site Supporter
Location: Central FL Joined: Sun Apr 7, 2013 Posts: 3207
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MadPick wrote: edogg wrote: Carrying isn’t illegal. Transferring could be.
Did you do a 594 transfer? Or is it from a direct family member? Well, if a legal transfer was done (whether through an FFL or a bona fide gift to a family member), then it wouldn't be "someone else's weapon." The best I can tell, the answer to the question is "no" -- it's not legal to carry (or even possess) someone else's firearm, unless you're at a range or a legit event or one of the other exceptions under 594. There's no way to legally BORROW another person's gun. This is for the state of Washington, of course. Yeah, that’s what I’m getting at. The act of carrying someone else’s gun isn’t against the law. But transferring that gun to you without a background check is illegal unless you fit into one of the exceptions (immediate family, etc). Also just by transferring it doesn’t make it yours. You have to do the official background check and transfer BS even for a loan. So can still borrow it. And when you give it back, there’s another background and transfer. Sent from my iPhone using Tapatalk
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Tue Dec 12, 2017 7:29 pm |
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Loxley
Location: Seattle Joined: Tue Sep 13, 2016 Posts: 4
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That's what I was thinking. This would not be a family member, but a friend. Just transporting the gun in a vehicle for them. I'd hate to have to do two whole FFL transfers, but it sounds like legally that's the only feasible way. As for carrying, you all still mean that there would need to be a transfer just to physically walk around with it, correct?
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Tue Dec 12, 2017 8:14 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52064
Real Name: Steve
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Loxley wrote: As for carrying, you all still mean that there would need to be a transfer just to physically walk around with it, correct? I guess it all depends on what the word "transfer" means, and that's not clear. In my OPINION, there's a pretty good chance that if your buddy hands you his gun, even for 5 seconds, that could be considered a transfer in court.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Tue Dec 12, 2017 8:38 pm |
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Sinus211
Site Moderator
Location: Marysville Joined: Thu Mar 22, 2012 Posts: 13507
Real Name: Mike
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594 sux!
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Tue Dec 12, 2017 8:44 pm |
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DGM33
Site Moderator
Location: Renton/Kent Joined: Wed Feb 15, 2012 Posts: 3550
Real Name: Jacy
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I won't tell if you don't.
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Tue Dec 12, 2017 8:46 pm |
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RocketScott
Site Supporter
Location: Kentucky Joined: Fri Jan 16, 2015 Posts: 11094
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If you’re just going to transport it he can lock it in a case and not give you the key.
Happens all the time at the airport.
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Tue Dec 12, 2017 8:58 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52064
Real Name: Steve
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RocketScott wrote: If you’re just going to transport it he can lock it in a case and not give you the key.
Happens all the time at the airport. It all depends on the definition of the word "transfer," again. Yup, it happens at the airport, and not always with a locked case. It also happens with UPS, FedEx, and USPS drivers.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Tue Dec 12, 2017 9:00 pm |
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TINCANBANDIT
Site Supporter
Location: Mohave Valley Arizona Joined: Fri May 20, 2011 Posts: 13371
Real Name: Casey
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Technically speaking the person handing over the gun is in violation of the law, and prosecution would require a witness. If there is no witness, there is no criminal case.
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Tue Dec 12, 2017 9:12 pm |
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Slipknot95758
Site Supporter
Location: Spanaway WA Joined: Mon Oct 19, 2015 Posts: 347
Real Name: Kyle
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Sort of on but also off topic. Say I were to carry a handgun that my wife purchased or vice versa would that be in violation of 594, if for example mine were up stairs and I was to lazy to go get it when hers is down stairs and she doesn't want to carry
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Tue Dec 19, 2017 12:48 pm |
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Guntrader
In Memoriam
Location: Mukilteoish Joined: Sat Mar 26, 2011 Posts: 11595
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TINCANBANDIT wrote: Technically speaking the person handing over the gun is in violation of the law, and prosecution would require a witness. If there is no witness, there is no criminal case. Unless the gun were purchased through an FFL post 594 and was found in the possession of another person. I can see a prosecutor putting the effort in if the gun were used in the commission of a serious crime.
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Tue Dec 19, 2017 12:59 pm |
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Massivedesign
Site Admin
Location: Olympia, WA Joined: Fri Mar 11, 2011 Posts: 38309
Real Name: Dan
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Slipknot95758 wrote: Sort of on but also off topic. Say I were to carry a handgun that my wife purchased or vice versa would that be in violation of 594, if for example mine were up stairs and I was to lazy to go get it when hers is down stairs and she doesn't want to carry No, because immediate family is exempt under the gift / temporary possession part of 594.
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Tue Dec 19, 2017 1:13 pm |
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Selador
Site Supporter
Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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Massivedesign wrote: Slipknot95758 wrote: Sort of on but also off topic. Say I were to carry a handgun that my wife purchased or vice versa would that be in violation of 594, if for example mine were up stairs and I was to lazy to go get it when hers is down stairs and she doesn't want to carry No, because immediate family is exempt under the gift / temporary possession part of 594. Add to that, community property between spouses.
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Tue Dec 19, 2017 1:45 pm |
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