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Need help interpreting some laws regarding firearm posession
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Okay, since I know how the LR operates, I want to preface this by saying I am not looking for a debate on if guns are evil or holy or if people who have guns deserve to be burned alive or promoted to sainthood. I am just looking for help to make sure that I am not missing anything when I read through this law from where I live, WA state.

https://app.leg.wa.gov/...t.aspx?cite=9.41.240

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Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one. (Effective January 1, 2019.)
(1) A person under twenty-one years of age may not purchase a pistol or semiautomatic assault rifle, and except as otherwise provided in this chapter, no person may sell or transfer a semiautomatic assault rifle to a person under twenty-one years of age.
(2) Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(a) In the person's place of abode;
(b) At the person's fixed place of business; or
(c) On real property under his or her control.
(3) Except in the places and situations identified in RCW 9.41.042 (1) through (9) and 9.41.060 (1) through (10), a person at least eighteen years of age, but less than twenty-one years of age, may possess a semiautomatic assault rifle only:
(a) In the person's place of abode;
(b) At the person's fixed place of business;
(c) On real property under his or her control; or
(d) For the specific purpose of (i) moving to a new place of abode; (ii) traveling between the person's place of abode and real property under his or her control; or (iii) selling or transferring the firearm in accordance with the requirements of this chapter; provided that in all of these situations the semiautomatic assault rifle is unloaded and either in secure gun storage or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm.
So this is the law in question.

What I am wondering is, is this law stating that I, a 19 year old, fully legal U.S. citizen, could own and possess a pistol at my apartment or house?

Also, what is defined as, "real property?"

Based on the way I read this law, with absolutely no legal knowledge or experience dissecting this kind of literature, I take this to mean that I could indeed own a pistol and keep it at my house, but I am unsure of the legality of transporting it, taking it to shoot at a legitimate shooting range, how the actual purchase would work, and all of the fun questions like that.

And don't worry, I won't take any advice here as fully legal advice or anything, so don't worry about me suing you or whatnot :)
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Re: Need help interpreting some laws regarding firearm posession [Koala Bear] [ In reply to ]
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Koala Bear wrote:
Okay, since I know how the LR operates, I want to preface this by saying I am not looking for a debate on if guns are evil or holy or if people who have guns deserve to be burned alive or promoted to sainthood. I am just looking for help to make sure that I am not missing anything when I read through this law from where I live, WA state.

https://app.leg.wa.gov/...t.aspx?cite=9.41.240

Quote:

Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one. (Effective January 1, 2019.)
(1) A person under twenty-one years of age may not purchase a pistol or semiautomatic assault rifle, and except as otherwise provided in this chapter, no person may sell or transfer a semiautomatic assault rifle to a person under twenty-one years of age.
(2) Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(a) In the person's place of abode;
(b) At the person's fixed place of business; or
(c) On real property under his or her control.
(3) Except in the places and situations identified in RCW 9.41.042 (1) through (9) and 9.41.060 (1) through (10), a person at least eighteen years of age, but less than twenty-one years of age, may possess a semiautomatic assault rifle only:
(a) In the person's place of abode;
(b) At the person's fixed place of business;
(c) On real property under his or her control; or
(d) For the specific purpose of (i) moving to a new place of abode; (ii) traveling between the person's place of abode and real property under his or her control; or (iii) selling or transferring the firearm in accordance with the requirements of this chapter; provided that in all of these situations the semiautomatic assault rifle is unloaded and either in secure gun storage or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm.

So this is the law in question.

What I am wondering is, is this law stating that I, a 19 year old, fully legal U.S. citizen, could own and possess a pistol at my apartment or house?

Also, what is defined as, "real property?"

Based on the way I read this law, with absolutely no legal knowledge or experience dissecting this kind of literature, I take this to mean that I could indeed own a pistol and keep it at my house, but I am unsure of the legality of transporting it, taking it to shoot at a legitimate shooting range, how the actual purchase would work, and all of the fun questions like that.

And don't worry, I won't take any advice here as fully legal advice or anything, so don't worry about me suing you or whatnot :)

The law seems pretty absolute that you, as a person under the age of 21 cannot buy a pistol under any circumstances. The law does NOT say that you cannot possess one, however, so it appears that you may receive one as a gift, perhaps? This seems plausible given the next section of the law, which identifies the conditions under which you may possess a pistol.

Section 2 says that you can only possess the pistol at your home, at your place of business, or on real property (land or buildings) you own. So, for instance, if you owned a piece of property where you did some hunting, you could legally possess the gun there.

Your question about transporting the gun is answered by citation to "exceptions" contained in other statutory provisions. Section 9.41.042 pertains to permissible places for children to possess firearms, so does not appear applicable to you. Section 9.41.050 governs permissible places to carry firearms, but it mostly appears to refer to concealed carry. It does mention that you can't have a loaded pistol in your car unless you comply with certain requirements, but it doesn't generally address the issue of transporting the gun. Thankfully, Section 9.41.060 appears to address this question. It expressly states certain exceptions to the restrictions on carrying firearms. There are at least a couple that COULD apply to you transporting a pistol from place to place. I would read those if I were you.

So, the TL;DR responses to your questions appear to be:

1. Yes, It appears you can own and possess a pistol in your apartment.

2. Real property is generally land and physical structures like houses.

3. You would not be able to purchase the pistol, but if you have someone who can buy it for you and transfer it to you as a gift, that appears to be legal under the way I read the statute.

*Not licensed in Washington. YMMV

''The enemy isn't conservatism. The enemy isn't liberalism. The enemy is bulls**t.''

—Lars-Erik Nelson
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Re: Need help interpreting some laws regarding firearm posession [Danno] [ In reply to ]
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Danno wrote:


So, the TL;DR responses to your questions appear to be:

1. Yes, It appears you can own and possess a pistol in your apartment.

2. Real property is generally land and physical structures like houses.

3. You would not be able to purchase the pistol, but if you have someone who can buy it for you and transfer it to you as a gift, that appears to be legal under the way I read the statute.

*Not licensed in Washington. YMMV

# 3 would be a "Straw Man" purchase and is generally illegal. My guess is it will be spelled out somewhere else as such. Other than that I agree with your interpretation.

I generally read the law to say that if you already owned a regulated firearm prior to the law, than you can continue to own and possess it, you just can't buy a new one.

I would find a local gun shop and ask them about the transport issue.
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Re: Need help interpreting some laws regarding firearm posession [svennn] [ In reply to ]
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svennn wrote:
Danno wrote:



So, the TL;DR responses to your questions appear to be:

1. Yes, It appears you can own and possess a pistol in your apartment.

2. Real property is generally land and physical structures like houses.

3. You would not be able to purchase the pistol, but if you have someone who can buy it for you and transfer it to you as a gift, that appears to be legal under the way I read the statute.

*Not licensed in Washington. YMMV


# 3 would be a "Straw Man" purchase and is generally illegal. My guess is it will be spelled out somewhere else as such. Other than that I agree with your interpretation.

I generally read the law to say that if you already owned a regulated firearm prior to the law, than you can continue to own and possess it, you just can't buy a new one.

I would find a local gun shop and ask them about the transport issue.

I get the strawman issue. I was thinking more along the lines of a family member or someone like that more likely to be a person to give such a gift without raising suspicions. Still technically a strawman purchase? Sure, but a bit harder to prove without smoking gun evidence (pun intended).

''The enemy isn't conservatism. The enemy isn't liberalism. The enemy is bulls**t.''

—Lars-Erik Nelson
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Re: Need help interpreting some laws regarding firearm posession [Danno] [ In reply to ]
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I can only speak for Maryland. It is absolutely a no no in MD. In fact, even a gift would have to be done through an FFL.
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Re: Need help interpreting some laws regarding firearm posession [svennn] [ In reply to ]
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svennn wrote:
Danno wrote:



So, the TL;DR responses to your questions appear to be:

1. Yes, It appears you can own and possess a pistol in your apartment.

2. Real property is generally land and physical structures like houses.

3. You would not be able to purchase the pistol, but if you have someone who can buy it for you and transfer it to you as a gift, that appears to be legal under the way I read the statute.

*Not licensed in Washington. YMMV


# 3 would be a "Straw Man" purchase and is generally illegal. My guess is it will be spelled out somewhere else as such. Other than that I agree with your interpretation.

I generally read the law to say that if you already owned a regulated firearm prior to the law, than you can continue to own and possess it, you just can't buy a new one.

I would find a local gun shop and ask them about the transport issue.

Not always. Someone could legally purchase a pistol and give it as a birthday or xmas or late wedding gift no issue at all.

I would guess you can posses a pistol at home. I don't think you could transport it though, but yeah ask either a store or a friendly cop.
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Re: Need help interpreting some laws regarding firearm posession [svennn] [ In reply to ]
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Form 4473 clarifies that a person purchasing a firearm as a gift for someone else is the “actual buyer,” but that someone who is purchasing a gun for someone else, at that person’s request, and using that person’s money may not legally claim to be the actual buyer. In that case, it would be a straw purchase.
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Re: Need help interpreting some laws regarding firearm posession [Koala Bear] [ In reply to ]
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You’re only 19?

Damn. I miss those days.

Getting fucked up beyond all recognition all night, popping up at 6:00 am and going surfing still a little drunk....

Civilize the mind, but make savage the body.

- Chinese proverb
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Post deleted by spudone [ In reply to ]
Last edited by: spudone: Apr 10, 19 14:35
Re: Need help interpreting some laws regarding firearm posession [spudone] [ In reply to ]
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spudone wrote:
Buy one in Idaho? :

Edit: actually it looks like Idaho licensed firearms dealers can only sell handguns to people 21+. Private sales can go to 18+ though

I think your best bet though, legally, is to talk to a sheriff department in Washington. A lot of the rural / republican leaning counties hate the new gun law and will gladly help you sort things out.

Legally, a dealer would have to ship the pistol to a FFL in Washington to finish the sale. Now a gun show in Idaho... But then you get back to is it legal to transport in WA
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Re: Need help interpreting some laws regarding firearm posession [Koala Bear] [ In reply to ]
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Do understand that there is RCW and then the interpretation of RCW - specifically by the Prosecutor's Office. For he/she will ultimately weigh the circumstances surrounding the charges and decided whether to move forward or not.

Without disparaging the dedication and professionalism of the hard working men and women that work the front lines of law enforcement, it is possible you could get "hooked and booked" depending on circumstances and the AO's (arresting officer's) assessment of the situation. Then, upon review by the Prosecutor, you could be released.

It also happens where the responding officer decides upon conclusion of his/her investigation that there is no reason to "cuff and stuff" anyone. The PA's office could review the incident report and decide that charges against one or more parties should have been brought and a warrant/warrants will be issued ex post facto.

I may be cynical and burned out, but I do take comfort in my unshakable faith in two things:

We all get a chance to die someday.

We are all guilty of something. Each and every one of us.

"Du or Du not-there is no Tri" - Yoda
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