Originally Posted By: billt460
Originally Posted By: ZeeOSix
So if I sell a gun privately without abiding by the law -
which is doing the sale through a dealer and doing a background check on the buyer - then I'm technically breaking the law.
NO YOU ARE NOT. A private citizen IS NOT required to do a background check when making a private sale. No state requires this by law. If they did, trade at gun shows amongst attendees could not and would not exist. You are confusing what a state
might REQUEST, as opposed to
what is the LAW. You are also confusing new gun sales, which must be carried out by a licensed FFL holder, and DO require a background check, to private used gun sales by citizens. They are not handled the same.
http://smartgunlaws.org/background-check-procedures-policy-summary/
"1. Private Sales: The single largest gap in the federal background check requirement is that unlicensed, private sellers are not required to conduct background checks."
Read the law below carefully - do you believe the actual law on the state's website or some bull on the internet. It also specifically calls out 'gun shows'. As I said, this is probably a law that hardly anyone abides by because they don't even know it exists. I don't know when this law came into effect.
http://app.leg.wa.gov/rcw/default.aspx?cite=9.41.113
A snip-it is below ... pay particular attention to Section (3)(a) thru (e) which would apply to a private sale with neither party being a 'licensed dealer'.
Don't be surprised if a law like this hits other states, because this is an attempt to close loop holes in private sales of firearms to people who shouldn't legally posses them. IMO, it's easier and less risky for a criminal to purchase a firearm privately without a paper trail than it is to steal one, especially if the seller just hands the gun over and takes the guy's cash with no other effort involved.
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RCW 9.41.113
Firearm sales or transfers — Background checks—Requirements—Exceptions.
"(1) All firearm sales or transfers, in whole or part in this state including without limitation a sale or transfer where either the purchaser or seller or transferee or transferor is in Washington, shall be subject to background checks unless specifically exempted by state or federal law.
The background check requirement applies to all sales or transfers including, but not limited to, sales and transfers through a licensed dealer, at gun shows, online, and between unlicensed persons.
(2) No person shall sell or transfer a firearm unless:
(a) The person is a licensed dealer;
(b) The purchaser or transferee is a licensed dealer; or
(c) The requirements of subsection (3) of this section are met.
(3)
Where neither party to a prospective firearms transaction is a licensed dealer, the parties to the transaction shall complete the sale or transfer through a licensed dealer as follows:"
(a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer.
(b) Except as provided in (a) of this subsection, the licensed dealer shall comply with all requirements of federal and state law that would apply if the licensed dealer were selling or transferring the firearm from its inventory to the purchaser or transferee, including but not limited to conducting a background check on the prospective purchaser or transferee in accordance with federal and state law requirements and fulfilling all federal and state recordkeeping requirements.
(c) The purchaser or transferee must complete, sign, and submit all federal, state, and local forms necessary to process the required background check to the licensed dealer conducting the background check.
(d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
(e) The licensed dealer may charge a fee that reflects the fair market value of the administrative costs and efforts incurred by the licensed dealer for facilitating the sale or transfer of the firearm.