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[ 9 posts ] |
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Can a WA resident buy at an ffl in ID,OR ect?
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9mm
Location: the quah Joined: Sun May 15, 2011 Posts: 72
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Can I purchase an ar rifle lower out of state from an FFL while in that state for vacation?
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Thu Apr 28, 2022 12:25 pm |
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jukk0u
Site Supporter
Location: Lynnwood and at large Joined: Wed May 1, 2013 Posts: 21414
Real Name: Vick Lagina
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if you have them ship it, before you take possession, to a WA ffl where you'll pick it up after your bgc, yes.
_________________ “Finding ‘common ground’ with the thinking of evil men is a fool’s errand” ~ Herschel Smith
"The said Constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms." ~ Samuel Adams
“A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli
Láodòng zhèng zhūwèi zìyóu
FJB
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Thu Apr 28, 2022 1:36 pm |
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curiouscuz
Location: tri-cities Joined: Wed Jan 13, 2021 Posts: 284
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not an attorney... seems there is a very gray area here... a. what is the lower considered a rifle or pistol? b. is ATF's definition correct? ATF, quote: https://www.atf.gov/firearms/firearms-g ... er%3B%20orFirearm Frame or ReceiverThat part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. 27 CFR § 478.11.your kind attention is directed to this article regarding case law... https://www.thetruthaboutguns.com/the-a ... s-trouble/per ATF, quote: https://www.atf.gov/firearms/qa/may-lic ... ther-stateMay a licensee sell a firearm to a nonlicensee who is a resident of another state?Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s state of residence and the purchaser takes delivery of the firearm from the licensee in his or her state of residence. In addition, a licensee [b]may sell a rifle or shotgun to a person who is not a resident of the state where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides.[/b] so the receiver's definition might/could be subject to interpretation...
_________________ as we enter the debacles of 2021, er 2022, please remember:
Critical thinking involves analysis, evaluation, inference [gathering credible/relevant/logical evidence], and of course reaching a viable and reasonable conclusion while improving one's own thinking regarding the information you have heard, read, as well as you might have witnessed.
Further, please remember Churchill's commentary: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."
as a nation we will overcome the travesty[ies] currently going on within our nation...
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Thu Apr 28, 2022 2:30 pm |
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scrid2000
Site Supporter
Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 2003
Real Name: Shane
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9mm wrote: Can I purchase an ar rifle lower out of state from an FFL while in that state for vacation? Yes, but the FFL couldn't transfer it to you. It would have to be shipped to an FFL in your state. They could transfer you an entire AR rifle though, as long as you could legally own the rifle in WA.
_________________ Posts not legal advice.
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Thu Apr 28, 2022 6:43 pm |
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jukk0u
Site Supporter
Location: Lynnwood and at large Joined: Wed May 1, 2013 Posts: 21414
Real Name: Vick Lagina
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scrid2000 wrote: 9mm wrote: Can I purchase an ar rifle lower out of state from an FFL while in that state for vacation? Yes, but the FFL couldn't transfer it to you. It would have to be shipped to an FFL in your state. They could transfer you an entire AR rifle though, as long as you could legally own the rifle in WA. The "Assault Rifle" training cert and mandatory ten day waiting period cloud that issue somewhat, no?
_________________ “Finding ‘common ground’ with the thinking of evil men is a fool’s errand” ~ Herschel Smith
"The said Constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms." ~ Samuel Adams
“A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli
Láodòng zhèng zhūwèi zìyóu
FJB
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Thu Apr 28, 2022 6:45 pm |
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scrid2000
Site Supporter
Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 2003
Real Name: Shane
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jukk0u wrote: scrid2000 wrote: 9mm wrote: Can I purchase an ar rifle lower out of state from an FFL while in that state for vacation? Yes, but the FFL couldn't transfer it to you. It would have to be shipped to an FFL in your state. They could transfer you an entire AR rifle though, as long as you could legally own the rifle in WA. The "Assault Rifle" training cert and mandatory ten day waiting period cloud that issue somewhat, no? The correct answer is "maybe" That said, I think there is a strong argument that they do not. Those restrictions are restrictions on dealers, not on purchasers. That is, nothing prohibits YOU from buying a semiautomatic rifle without training; Washington FFLs are just prohibited from transferring it to you without the training. What really pushes the scales in favor of it being allowed is RCW 9.41.122, which specifically allows an out-of-state purchase as long as conditions are met (I've formatted the statute to make reading it easier): Quote: Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, 1. That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND 2. PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND 3. PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter. Definitely a grey area, and you certainly should talk to an attorney if you're confused about these confusing laws, because none of this post is actually legal advice and I wish to be abundantly clear that I am not giving you any sort of advice.
_________________ Posts not legal advice.
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Thu Apr 28, 2022 6:56 pm |
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dreadi
Site Supporter / FFL Dealer
Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8414
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Go to ID, buy an AR rifle and report back. BLACK HAMMER ARMS Type 07 Class 2 NFA Dealer http://www.blackhammerarms.comhttp://www.facebook.com/blackhammerarmshttps://www.instagram.com/blackhammerarmsGLOCK Certified Armourer
_________________BLACK HAMMER ARMSBuy A Suppressor http://www.silencershop.com/blackhammerarmsType 7 Class 2 SOT NFA Dealer 1911 Pistolsmithing Firearm Refinishing GLOCK Certified Armorer CMMG Authorized Dealer NEMO Arms Authorized Dealer http://www.blackhammerarms.comhttp://www.facebook.com/blackhammerarmshttps://www.instagram.com/blackhammerarms/
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Thu Apr 28, 2022 7:05 pm |
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oldkim
Site Supporter
Location: Maple Valley, WA Joined: Thu Mar 17, 2011 Posts: 9316
Real Name: Young
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This isn’t a state question. It’s a Federal issue. Answer is no. “18 U.S.C § 922(b)(3) makes it a crime for a dealer to sell any firearm, other than a rifle or shotgun, to a non-resident. Frames and receivers are neither handguns nor long guns. Therefore, frames and receivers do not fall withing the exception for rifles and shotguns and cannot be sold to non-residents.” Also you can see more from this site. https://johnpierceesq.com/can-i-purchas ... te-dealer/
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Thu Apr 28, 2022 7:16 pm |
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curiouscuz
Location: tri-cities Joined: Wed Jan 13, 2021 Posts: 284
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*** kind attention is directed to the ATF's April 2022 ruling and changes in statutory firearm definitions since the previous poster's cite by OCDO's adm - John Pierce is grossly outdated as, after review, seems all of his links are... Summary of Final Rule 2021R-05F Definition of “Frame or Receiver” and Identification of Firearms "The following is a summary of the final rule, but is not intended to be relied on when complying with the requirements of the final rule:" https://www.atf.gov/rules-and-regulatio ... er/summarymake the ruling fit as you need it ~~ ATF does!!
_________________ as we enter the debacles of 2021, er 2022, please remember:
Critical thinking involves analysis, evaluation, inference [gathering credible/relevant/logical evidence], and of course reaching a viable and reasonable conclusion while improving one's own thinking regarding the information you have heard, read, as well as you might have witnessed.
Further, please remember Churchill's commentary: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."
as a nation we will overcome the travesty[ies] currently going on within our nation...
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Fri Apr 29, 2022 12:59 pm |
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