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It is currently Thu May 16, 2024 9:56 am
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[ 9 posts ] |
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How are other FFLs planning around mag limits on July 1?
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WAGuess
Site Supporter / FFL Dealer
Location: Redmond, Washington Joined: Wed Oct 25, 2017 Posts: 523
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Is there any clarity on how FFLs should handle firearms received for transfer that have >10rd magazines ,after July 1? If a customer orders a pistol with >10rd mag and its shipped to you as an FFL with those mags (as opposed to the sender removing the mags themselves), does accepting the shipment mean you've imported the magazines and are in violation of the law? Or is it acceptable to just take them out and process/deliver the firearms transfer without >10 rd mags?
For any current inventory with >10rd magazines, can those be sold & shipped out of the state after July 1? I don't see anything prohibiting exporting the mags & firearms, only on importing them.
_________________I am a FFL in Redmond. Check out my website at https://www.lucidityprovisions.com to purchase items that I have in stock or for information on processing transfers for online purchases. If there are any items you are looking for feel free to PM me here or use the contact form on my website and I'll see what I can do for you.
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Mon May 16, 2022 9:30 pm |
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scrid2000
Site Supporter
Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 1999
Real Name: Shane
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Relevant user name.
_________________ Posts not legal advice.
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Mon May 16, 2022 9:39 pm |
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Mjlashua
FFL / Dealer
Location: Silverdale Joined: Sun Jan 10, 2021 Posts: 63
Real Name: Martin Lashua
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I literally logged on this morning to ask the exact same question. I had a customer ask if he can still buy guns that come with >10 rnd mags if I keep or destroy the mags that come with the gun and just transfer the mag-less gun…I said “that’s a great question!!”
Sent from my iPhone using Tapatalk
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Thu Jun 02, 2022 8:17 am |
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oldkim
Site Supporter
Location: Maple Valley, WA Joined: Thu Mar 17, 2011 Posts: 9313
Real Name: Young
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Washington is not the first and only state to have a limit on mags.
Vendors that ship to multiple states are aware and some are proactively avoiding shipping already I’m sure.
Private sales is a different issue. If you as a FFL get it. It’s best to destroy it if received after Jul 1 from a totally legal stance. Document it would be the safest as if anyone brings this issue forward you would risk your FFL on a mag.
Basically, you are holding the bag when this law kicks in on July 1.
What’s the bridge? Meaning people bought before July 1 but they haven’t cleared background etc?
Best to hand those mags over to owner prior to July 1 and let the firearm sit until cleared. Otherwise that mag becomes an issue.
I am not a lawyer nor a FFL. Except O3
It’s your name and business. Lots of folks on the hunt to shut you down. Watch your backs.
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Thu Jun 02, 2022 8:56 am |
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Massivedesign
Site Admin
Location: Olympia, WA Joined: Fri Mar 11, 2011 Posts: 38324
Real Name: Dan
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Mjlashua wrote: I literally logged on this morning to ask the exact same question. I had a customer ask if he can still buy guns that come with >10 rnd mags if I keep or destroy the mags that come with the gun and just transfer the mag-less gun…I said “that’s a great question!!”
Sent from my iPhone using Tapatalk There were a few gun stores in Colorado who had a similar dilemma. The Colorado FFL's very clearly said that "they CANNOT sell them the mags, that the mags would have to be thrown away, IN THAT DUMPSTER, OVER THERE......"
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Thu Jun 02, 2022 9:52 am |
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Tonydec
Location: Tacoma Joined: Wed Jun 4, 2014 Posts: 484
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I would re-read the law as actually passed. I recall reading language that also prohibited sales of firearms that accepted magazines of over 10 round capacity unless being sold out of state. That sticks out in my mind as I remember thinking "that is an outright weapons ban, which is clearly a violation of the 2nd. and not just a magazine ban." I have not since read the law as actually passed to see if that language remains.
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Fri Jun 03, 2022 10:22 am |
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BadKarma
Site Moderator
Location: Duvall Joined: Tue Sep 13, 2011 Posts: 8673
Real Name: Jaime
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Sell the gun, but gift the magazines.
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Fri Jun 03, 2022 1:01 pm |
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cmica
Site Supporter
Location: I-5 /512 Joined: Thu Dec 8, 2011 Posts: 15249
Real Name: chris
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BadKarma wrote: Sell the gun, but gift the magazines. this if its a 30rd gift it too... your only transferring the pistol or rifle
_________________
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Fri Jun 03, 2022 2:40 pm |
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RocketScott
Site Supporter
Location: Kentucky Joined: Fri Jan 16, 2015 Posts: 11144
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From my un-lawyered understanding you could sell the magazine to local law enforcement or military, or sell them out of state. Both of those are exemptions in (2)(b)(c)
RCW 9.41.010 (37) "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 in7 state or out-of-state. "Distribute" includes, but is not limited to, filling orders placed in this state, online or otherwise. "Distribute" also includes causing a firearm or large capacity magazine to be delivered in this state.
(38) "Import" means to move, transport, or receive an item from a place outside the territorial limits of the state of Washington to a place inside the territorial limits of the state of Washington. "Import" does not mean situations where an individual possesses a large capacity magazine when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine the individual transported out of state.
New Section (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.
_________________ You may be right, I may be crazy, but it just may be a lunatic you're looking for
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Tue Jun 07, 2022 4:24 am |
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