california firearms washington
Firearm transfer between CA and WA
<p>I recently had a grandfather pass away and he left behind a beautiful Colt Trooper MK V .357.  He lived in Santa Barbara, California and me and my dad are flying down there tomorrow to get some personal items and the firearm and then driving it all back to WA.  I want to know what the legal ramifications are in making this transfer?  I wish to simply drive the firearm up to WA and then register it in my name in WA, but I have heard that you are technically supposed to go through an FFL.  Meaning, we would have to go down there, bring the firearm to UPS or FedEx, ship it to the FFL dealer in WA, then once I get back I would have to go to the dealer, pay a sales tax on the firearm (which is insane seeing how i didn't buy it and it was purchased probably 30 years ago), and then pay the transfer fee to have it filed in my name.</p>

<p>Does that sound right?  Is there an easy way to do this?  If I just brought the firearm up in the car could I just bring it into a FFL (or ship it from my home address so its cheaper?) and then have them register it?</p>

<p>At the federal level, <a href="https://www.law.cornell.edu/uscode/text/18/926A" rel="nofollow noreferrer">18 USC 926A</a> governs interstate transportation of firearms:</p>

<blockquote>
  <p>any person who is not otherwise prohibited by this chapter from
  transporting, shipping, or receiving a firearm shall be entitled to
  transport a firearm for any lawful purpose from any place where he may
  lawfully possess and carry such firearm to any other place where he
  may lawfully possess and carry such firearm if, during such
  transportation the firearm is unloaded, and neither the firearm nor
  any ammunition being transported is readily accessible or is directly
  accessible from the passenger compartment of such transporting
  vehicle: Provided, That in the case of a vehicle without a compartment
  separate from the driver’s compartment the firearm or ammunition shall
  be contained in a locked container other than the glove compartment or
  console</p>
</blockquote>

<p>The federal law on transportation preempts state laws so you don't have to even wonder that the laws of Idaho/Nevada/Arizona or Oregon are. Here's a summary of <a href="https://en.wikipedia.org/wiki/Gun_laws_in_Washington" rel="nofollow noreferrer">Washington firearms laws</a>, the main point of which is that for open carry, no registration is required. Transportation in state follows the unloaded / locked-up federal model. The open-carry law is <a href="http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270" rel="nofollow noreferrer">here</a>, which basically says that you can't threaten people with any weapon, but merely being in possession is not a threat. If you're under 21, there are a few <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.240" rel="nofollow noreferrer">other restrictions</a> (you have to keep it on your property). If you do want a concealed carry permit, you apply at the police office -- this is a "shall issue" state.</p>

<p>Washington State laws do not require an FFL dealer to make the transfer when the transfer is done between immediate family members. Please see 4.a and 4.g in <a href="http://app.leg.wa.gov/Rcw/default.aspx?cite=9.41.113" rel="nofollow noreferrer">RCW 9.41.113</a></p>

<p>Using an FFL to move guns interstate is certainly the &quot;safe&quot; way, but it's not generally necessary.  In some states it's necessary for guns – especially handguns – to be transferred through an FFL when changing ownership (but usually with exceptions for inheritance).</p>
<p>(Note also: Few states require &quot;registration&quot; of firearms.  The federal government only requires registration of &quot;special&quot; (<a href="https://en.wikipedia.org/wiki/Title_II_weapons" rel="nofollow noreferrer">NFA</a>) guns.)</p>
<p>Once you <em>own</em> a gun you can mail it to yourself in another state where you can legally possess it (ref <a href="https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download" rel="nofollow noreferrer">ATF FAQ #6</a>).  And, <a href="https://law.stackexchange.com/a/6500/10">if you trust the FOPA</a>, you can in compliance with that law transport it yourself between any two jurisdictions where you can legally possess it.</p>
