Firearms Transfers

The media seems to constantly report about the ease of obtaining firearms. I repeatedly hear about the loopholes for private sales, gun shows, and the like. I do not know the laws for other states, but in the State of Washington those media claims are completely false. In Washington State, those who voice such opinions are either completely misinformed or they want to intentionally mislead others.

Keep in mind that I worked at a firearms counter for a couple of years and had to personally perform background checks and complete federal and state transfer paperwork hundreds of times. These articles were also peer-reviewed by others who worked in law enforcement and also worked at firearms dealers.

Private Transfers

Selling a firearm between private parties requires the same paperwork and background checks required by a licensed dealer. Read the article on Purchasing a Firearm for complete details regarding firearms purchases. Both buyer and seller must meet at a licensed FFL to complete the required paperwork:

Local law enforcement must perform the background check for the buyer. Purchasing a SAR also requires a mandatory 10-day wait. Other weapons can be transferred after law enforcement completes the background check. The exception to the background check are bolt-action rifles, shotguns, and level action rifles. For these weapons the FFL can perform the background check using the federal NICS system (operated by the FBI).

The seller retains the firearm until all paperwork and background checks are complete. When the background check is complete then both buyer and seller return to the FFL and the seller can transfer the weapon the the seller. Failure to follow procedures is a felony.

Gun Shows

Purchasing a weapon at a gun show requires the same paperwork, background checks, and waiting periods. In Washington State prior to I-1639 a seller could usually take possession of a weapon IF the purchaser had a Concealed Pistol License (CPL) and passed a NICS background check. Even prior to I-1639 a purchaser could NOT simply go to a gun show and purchase a weapon without paperwork and background checks.

Under current law a buyer can select a weapon at a gun show and start the paperwork. After the background check the buyer must meet the seller at an FFL to transfer the weapon. The only exception is purchasing a bolt or lever action rifle or shotgun. In these cases the buyer must complete the paperwork and pass a NICS check.