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Pawning and 1639
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Site Supporter   Location: olympia Joined: Sat Sep 21, 2013 Posts: 3784 
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I'm not planning on pawning any of my guns, but drove by a pawn shop and got to thinking how all the new laws work in this realm of the market. I figure purchases are same rules apply.
But what about bringing in a gun to pawn, does the store now have to pay a transfer fee as you are transferring it to the ownership of the shop? What about background check paperwork too? If they are an FFL does any of that apply? What about if you are pawning for them to hold, do transfers apply, and if you go back to 'buy back' your held item transfer fees again? Background checks and class passage paperwork? Same questions but with consignments. Are pawn shops even dealing in guns anymore? Just some thoughts. |
| Thu Jul 11, 2019 9:09 pm |
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 Joined: Tue Nov 27, 2012 Posts: 1367
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If fewer pawn shops are dealing with guns, that means guns are more likely to be diverted to the black market. #1639
Last edited by sreyemj on Sat Jul 13, 2019 4:43 am, edited 1 time in total. |
| Fri Jul 12, 2019 4:28 am |
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 Joined: Tue Apr 19, 2011 Posts: 2603
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I don't have access to my store email but basically they mostly follow the same thing as a regular dealer. There was some exemption for like one thing, but I don't remember exactly what it was. I kind of just skimmed it.
Getting a consignment gun back is the same as if you had sold it to the store. To keep it simple, the only time you don't have to do a background check is when you're getting your gun back when it was transferred for gunsmithing. And by the way, any work on a gun is considered gunsmithing by the ATF. If you pay someone to take a can of spraypaint to your rifle, that person is doing gunsmithing and since you paid for it, that person is required to have a FFL. If a pawn shop deals in guns then they have to have a FFL. A pawn only is a Type 02 FFL. Anyone selling guns as a business has to have a Federal Firearms License. |
| Fri Jul 12, 2019 8:48 pm |
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Joined: Tue Nov 27, 2012 Posts: 1367
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Oops, meant to edit.
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| Sat Jul 13, 2019 4:42 am |
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Joined: Tue Apr 19, 2011 Posts: 2603
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Quote: This FAQ is pertaining to pawnbrokers only, disregard if this doesn't apply to you. Dear Pawnbrokers, Due to a lot of questions we have received, we have updated our recent FAQ for pawnbrokers sent out on Friday the 28th. Thank you for being involved with us. From Department of Licensing, Firearms Section FAQ Specific to Pawn Brokers July 1, 2019 Update Q. How do I handle a firearm redemption for a pistol after July 1? A. Contact your local law enforcement agency. Direct questions to NICS Business Relations Team at NICSliaison@FBI.gov. DOL doesn’t have authority to collect and maintain records of firearms redemption. If redeeming a SAR no fee is collected either. Q. How do I handle this if the firearm is a semiautomatic assault rifle redemption after July 1? A. DOL doesn’t have authority for the background check process. Contact your local law enforcement agency or NICSliaison@FBI.gov . You do not collect the $18 SAR fee or submit the SAR Firearm Transfer Application form. Q. When submitting a background check to NICs or LEA for a pistol or SAR, may I combine them? A. DOL does not have authority for this question. Please contact NICS or your local law enforcement agency for details. Q. How do we complete background checks for receivers or frames? A. Please review the recent letter sent out by the FBI/NICS which explains the background check process for the “Other” categorized firearm parts. Contact your local law enforcement. DOL is not involved in the background check process. Q. If a customer wants to purchase a semiautomatic assault rifle, how do I proceed? A. Review Revised Code of Washington (RCW) 9.41.090 goes into effect July 1, 2019. All information applies to you as a pawn broker as a licensed federal firearm dealer. If you do not have an FFL you are not allowed to sell, purchase, or transfer firearms in Washington State. Q. If a customer is redeeming their SAR and it is after July 1, do they need to provide certification of training? A. Contact your local law enforcement agency for information prior to releasing their SAR. RCW 9.41.090(2) discusses the certificate of training that is required on the purchase of a SAR. Q. How much is the SAR fee? A. $18 made payable to Department of Licensing. Attach the fee to the application for a purchased or transferred SAR. You may supply DOL with the check from the customer, provide a check from your establishment. Whichever you determine as your best business practice. This is per WAC 308-500-010. Q. Does the 10 day waiting period still apply for a redeemed firearm? A. Contact your local law enforcement agency as DOL does not have any authority over this process. Q. As a pawn broker do I need to display the Warning poster and provide handouts to my customers? A. Yes. All FFLs need to have the poster visible to their customers and provide the Warning handout to customers purchasing a firearm. In accordance with RCW 9.41.365. ######################################################################## |
| Tue Jul 30, 2019 4:21 pm |
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