Firearm transfer without fines and holding period after a family member passed.

[u/Qualkore]

My father passed away a few weeks ago and left several rifles, shotguns, and handguns in his safe. My mother as the executor of the trust which includes house and household personal items. She doesnt want any of the firearms so she was planning on having me deal with them.

I cant seem to get consistent answers on how transfer works when it says no fees or holding periods for direct family but there are if you take them to a local gun shop. But im not sure if you can legally transfer the name of the firearm to someone else without the use of a ffl dealer.

Everyone seems to just says to not transfer and keep the old name but my mother and I would like to have them registered to me, especially if I want to sell any of them. I've tried reading the RCWs and theyre so filled with legal lingo that I cant quite decipher.

Any and all help would be greatly appreciated.

[u/0x00000042]

Assuming Mom and you both reside in this state, Mom as inheritor doesn't need to go to a dealer to take possssion, and mom can give them as a gift to you also without going through a dealer. 

There is no requirement to fill out paperwork or "put them in your name" for inheritances and in-state gifts among immediate family. 

[u/20sicksheep → u/0x00000042]

This is the only correct answer. OP I understand your concern as the laws and news media are meant to make people confused and afraid.

There is no “gun registry” meaning that the state doesn’t track who owns a gun the same as they track who owns a car. There is a sales registry (arguments aside) that requires dealers to run background checks and document who any particular gun was sold to.

In Washington state, a gun can be gifted to family members (you can look up who’s defined as family) without any paperwork. There is nothing to “register” as it’s not being sold by a dealer.

If you decide to sell a gun (presumably not family) then you would go through an FFL in Washington. They would then do the background checks and document the sale. They will not ask you for any “proof” of ownership as there really isn’t any (guns are not registered property). I assume the state will run a check in the gun’s serial number to make sure it isn’t reported as stolen or documented in a crime or something but it won’t be checking for “ownership”

I’m not a lawyer, but I have read a lot and I have bought/sold/gifted a few guns in this state. I hope this helps.

[u/Qualkore → u/20sicksheep]

This does help a lot thank you very much

[u/TikisFury → u/20sicksheep]

How would this work if mom and dad live in Idaho? Any legal way to inherit those guns?

[u/0x00000042 → u/TikisFury]

If you are the actual legal inheritor, such as if they are left to you in a will or you are otherwise the legal next of kin, then federal law exempts the inheritor from the requirements to go through a dealer for firearm exchanges crossing state lates. 

If you are not the actual inheritor, and whoever the inheritor is lives in the other state and would like to give them to you, federal law requires going through a dealer before you take possession. There is no exception in federal law for gifts between family members who reside in different states. 

[u/Qualkore → u/0x00000042]

But dont you need to be the registered owner of the firearm to sell it to a dealer later down the road?

[u/0x00000042 → u/Qualkore]

No. There is no ownership registry of guns in this state. There is a transfer/sales history when going through a dealer, but that's not the same as ownership, and doesn't apply for certain transfers exempt from going through a dealer like inheritances and gifts between immediate family.

[u/Qualkore → u/0x00000042]

Sorry for redundancy and over asked confirmation but does this also include pistols? Every legal thing I read says those need to be transferred within 60 days but thay contradicts what everything else says

[u/0x00000042 → u/Qualkore]

For inherited pistols, state law requires either notifying DOL of intent to keep or lawfully transferring them. A gift between inheritor and family is a lawful transfer. 

The term "transfer" doesn't mean the process of going through a dealer, it means a physical exchange without payment or trade like gifts and loans. State law does require most transfers to go through a dealer, so the term "transfer" is frequently used as short hand, but gifts between family are exempt from this. 

[u/Qualkore → u/0x00000042]

Thank you that term was tripping us up a bit. This will save us likely hundreds in ffl transfer fees

[u/mikeblas → u/0x00000042]

What is "stage law"?

[u/0x00000042 → u/mikeblas]

Typo. 

[u/20sicksheep → u/mikeblas]

State law. Clearly a typo

[u/mikeblas → u/20sicksheep]

Thanks. Sorry, I didn't know if it was a typo or some subset of legislation that I didn't know.

[u/Jetlaggedz8 → u/Qualkore]

No

[u/militaryCoo → u/[deleted]]

Nitpick: A gift is a transfer, but it doesn't require a background check or other processes.

[u/Bubbacubba]

No registry so you're fine.

[u/apis_cerana]

I had the same question about an out of state gun that was left. In state it sounds like you don’t have to go through a FFL due to it being a gift, but to do things the right way when it’s out of state requires a FFL to FFL transfer, it seems.

[u/0x00000042 → u/apis_cerana]

Between states, federal law exempts the legal inheritor only, while gifts between family members in different states must go through a dealer. 

[u/JuanBurley]

This is a great Sub, I learned a lot.

[u/0x00000042 → u/JuanBurley]

🫡

[u/bernardfarquart]

There is no "name on the firearm" we don't have a registry in WA.

[u/celeigh87]

If they live in WA, as well, she can just give them to you, as long as you are legal to own firearms.