Transferring ownership of a firearm in Washington State ensures that the legal rights and responsibilities associated with the firearm are properly assigned to the new owner. This process helps maintain compliance with state laws designed to promote public safety and responsible gun ownership. Before beginning, it is important to understand the legal requirements, including background checks and paperwork, that must be completed to lawfully transfer a firearm.
What You’ll Need
- The firearm to be transferred
- Valid government-issued photo ID for both buyer and seller
- Completed Firearm Transfer Application (Form F-520-002) if applicable
- Access to a licensed firearms dealer (Federal Firearms Licensee or FFL) for private party transfers
- Payment for background check fees (usually paid to the dealer)
- Knowledge of any local regulations or restrictions that may apply
Step-by-Step
- Determine the type of transfer: Identify whether the transfer is a private party sale, gift, inheritance, or dealer sale. Washington law requires all firearm transfers, including private sales, to go through a licensed dealer for background checks.
- Locate a licensed firearms dealer (FFL): Both the buyer and seller must use a federally licensed firearms dealer to conduct the transfer. The seller delivers the firearm to the dealer, who facilitates the transfer.
- Complete the Firearm Transfer Application: The buyer fills out the application form provided by the dealer. This includes personal information and consent for a background check.
- Provide valid identification: Both buyer and seller must present valid government-issued photo IDs to the dealer. This confirms identities and residency.
- Dealer submits background check: The dealer electronically submits the buyer’s information to the Washington State Instant Check System (WACIC) or the FBI’s NICS system to determine eligibility to own a firearm.
- Wait for approval: The background check usually takes a few minutes but can take up to three business days. The dealer will notify the buyer and seller once approved.
- Complete the transfer paperwork: The dealer finalizes the paperwork, including recording the transaction in their records as required by federal and state law.
- Pay any fees: The buyer typically pays the dealer’s fee for conducting the background check and handling the transfer, which varies by dealer.
- Receive the firearm: Once all steps are completed and the transfer is approved, the buyer takes possession of the firearm from the dealer.
- Keep records: Both parties should keep copies of any receipts or transfer documentation for their records.
Common Mistakes
- Attempting a private sale without using a licensed dealer for the background check, which is illegal in Washington.
- Failing to verify the buyer’s eligibility before transfer, risking transferring to a prohibited person.
- Not completing all paperwork correctly or missing signatures, causing delays or legal issues.
- Neglecting to keep a record of the transfer for future reference or legal proof.
- Assuming gifts or inheritances do not require a transfer process when they do under state law.
- Ignoring local city or county ordinances that may have additional requirements or restrictions.
Tips
- Contact multiple licensed dealers ahead of time to compare fees and availability for conducting transfers.
- Allow extra time for background checks, especially during holidays or weekends when processing may be slower.
- Ensure both parties are clear about the terms of sale or transfer before starting the process to avoid confusion.
- Keep a copy of the Firearm Transfer Application and any receipts in a secure location for at least several years.
- Check the Washington State Department of Licensing website or local law enforcement for any changes in transfer laws or procedures.
- If the firearm is a regulated type (e.g., assault rifle or restricted model), verify compliance with specific state or federal restrictions.
Troubleshooting
If the background check is delayed or denied, first confirm that all personal information was entered correctly and matches official identification. Typos or mismatched details can cause rejections.
If denied, the buyer has the right to appeal the decision through the Washington State Department of Licensing or the FBI’s NICS appeals process. The dealer or the authority that performed the check can provide guidance on how to proceed.
In cases where the dealer refuses to complete the transfer, ask for a written explanation. Some dealers may decline transfers based on their own policies, but they must not discriminate illegally.
If you cannot find a licensed dealer willing to handle the transfer, contact the Washington State Department of Licensing or a local law enforcement agency for assistance or referrals.
Should the firearm be lost, stolen, or damaged during the transfer process, immediately report the incident to local law enforcement and document the situation carefully.
Frequently Asked Questions
Q: Can I transfer a firearm to a family member without using a dealer?
A: No. Washington law requires all firearm transfers, including those between family members, to go through a federally licensed dealer to conduct a background check.
Q: How long does the background check take?
A: Most background checks are completed within minutes, but it can take up to three business days in some cases.
Q: Are there any firearms exempt from transfer requirements?
A: No. All firearms transfers in Washington must go through a licensed dealer, regardless of the firearm type.
Q: What happens if the buyer fails the background check?
A: The transfer cannot proceed. The buyer may appeal the denial through the appropriate state or federal channels.
Q: Can I sell a firearm online directly to another person in Washington?
A: No. Even online sales require the firearm to be transferred through a licensed dealer who performs the background check.
Q: Does the seller need to keep records of the transfer?
A: While the dealer maintains official records, it is advisable for both buyer and seller to keep copies of all transfer documents for their own records.
Following these steps and understanding the legal requirements will help ensure a smooth and lawful firearm ownership transfer in Washington State. Always stay informed about current laws as regulations can change, and consult legal professionals if you have complex situations or questions.
Example scenario: John wants to sell his handgun to his friend Lisa. They find a local licensed dealer who charges $40 to handle transfers. Lisa brings her ID and completes the transfer application at the dealer’s office. The dealer runs the background check and approves it in under 10 minutes. Once approved, Lisa pays the fee, and the dealer hands over the handgun to her. Both John and Lisa keep copies of the paperwork. This process ensures the transfer is legal and documented.
Remember, responsible firearm transfers protect both parties and contribute to public safety by preventing unauthorized access to guns.
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