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Thread: New residents can't buy for 90 days?

  1. #1
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    So I've called around to a few FFL dealers and each one of them has told me the same thing. None of them will sell to a resident who has been here for less than 90 days. I've got my WA drivers license (33 days ago), my car is registered here, I live day to day here, have all my bills here, I work here, and have my private health insurance here.

    I thought I found the RCW code that they were talking about, but everybody tells me that I'm interpreting it incorrectly and this is not it:

    9.41.090, Dealer deliveries regulated — Hold on delivery

    (1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:

    (c) Five business days, meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (5) of this section, and, when delivered, the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.090

    I had thought that this law says that I need to BOTH have a washington licence/id AND have been here for 90 consecutive days, but everybody else seems to think that it says that if I have my license OR have been here for more than 90 days I should be able to buy.

    Nevertheless every FFL says that I, in my current situation, must be here 57 more days before they will sell to me.

    Can anybody clarify?

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    Who the heck have you been talking to? with a driver's license it should only be 5 days. Get a CPL and it's instant...
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    I talked to two different people at Wade's Guns in Bellevue, two people at the Seattle Police Range's shop and one person at another FFL shop.

    All of them have said that even with a WA drivers license, I have to wait until I've had that license for 90 days before they will sell to me.

    And I applied for my CPL already over at the King County Sheriff's Office and they said that because I had been a resident for less than 90 days, they would send it to me 60 days after my application date.

    Somebody here must know what's up with this. Anybody?

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    Brandnew wrote:
    I talked to two different people at Wade's Guns in Bellevue, two people at the Seattle Police Range's shop and one person at another FFL shop.

    All of them have said that even with a WA drivers license, I have to wait until I've had that license for 90 days before they will sell to me.

    And I applied for my CPL already over at the King County Sheriff's Office and they said that because I had been a resident for less than 90 days, they would send it to me 60 days after my application date.

    Somebody here must know what's up with this. Anybody?
    Well, stay away from Wade's is what I've been told. I applied for an out of state CPL because I had just moved here and didn't have a WA driver's license. I got my WA driver's license a few days later, and my CPL came in within a week (well under the extended timeframe). This was in Bellevue.

    Have you checked out West Coast Armory in Issaquah?
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    It may be a federal requirement that you be a state resident for 90 days prior to purchasing firearms. I'll look at my big book of dealer laws and see what's in there.

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    RCW 9.41.070
    Concealed pistol license — Application — Fee — Renewal.

    [/b](1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.


    On the state form for purchasing afireare, there is a question "How long have you been a resident of this state?" If you want to perjure your self by lying...be man enough o take the punishment.

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    double tap

  8. #8
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    Trigger Dr wrote:
    If you want to perjure your self by lying...be man enough o take the punishment.
    Whose post is this comment directed at?

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    NavyLT wrote:
    Nope. Don't know what is up with it, because it is not any statuatory prohibition. Go to Ace Hardware in Oak Harbor, if you can get there. Scott will take care of you there.
    Scotty is good people. Reminds me...gotta go see him.

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    NavyLT wrote:
    Dang, and to think Island County Sheriff's office complained because I called them on day 29 to ask the status of my permit and she promptly informed me that I was calling 1 day early.
    The law allows UP TO 30 days. It does not require a 30 day wait, something that some agencies strangely misunderstand, or willingly ignore. In my case the permit was pre dated to 30 days after application, and I couldn't find anyone who knew what I was talking about when I referenced "up to 30 days..." Oh well.

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    NavyLT wrote:
    Tawnos wrote:
    Well, stay away from Wade's is what I've been told. I applied for an out of state CPL because I had just moved here and didn't have a WA driver's license. I got my WA driver's license a few days later, and my CPL came in within a week (well under the extended timeframe). This was in Bellevue.

    Have you checked out West Coast Armory in Issaquah?
    Dang, and to think Island County Sheriff's office complained because I called them on day 29 to ask the status of my permit and she promptly informed me that I was calling 1 day early.
    OHPD got my CPL in 7 days and that was after being in another country for 10 years and using my passport for ID.
    WTT: Glock 27 for Glock 26

  12. #12
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    PAPD took 30 minutes, and I'd only has a WA DL for about an hour at the time.

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    Brandnew. Didn't you say your were active duty. If you are just take a copy of your orders and wait what ever time frame the have for residents. If you took a copy your orders to get your CPL you would have it less than a week.

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    No, I'm not active duty. I wanted to sell a pistol of mine to a person who was military active duty and I wanted to make sure that we weren't breaking the law.

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    Was it the S&W you sold a buddy of mine? If it is, its a good looking pistol. No worries...He is on permanent orders to FRC NW and he works for me. You broke no laws.

  16. #16
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    Yup that was him alright. Really nice guy!

  17. #17
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    Ok. Yeah he is. Like I said...you have no worries with him. He's legal...

  18. #18
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    Small world.

    Am I understanding that Ace Hardware sells guns?

  19. #19
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    Here in Oak Harbor, yes.

  20. #20
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    Wow, that's pretty cool.

  21. #21
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    I got 39 days left LT...so sometime before then. Walmart snack bar works for me! I got the XD so maybe that'd help.

  22. #22
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    Howdy,

    Sorry for resurrecting this "old" thread but I noticed that no one directly addressed the original question. As always the disclaimer "I am not a lawyer (INAL)" but the language looks pretty straightforward here. It says that if any of the three conditions are met then the pistol can be delivered after the 5 day waiting period.

    This is a logical OR of three NOT conditions so it might be easier to look at it a little differently. The WDL and state ID are mutually exclusive (you wouldn't be issued both) therefore we can just change the statement to "not valid state issued ID." This results in an OR of two NOT conditions which are"not valid state issued ID" and "not a resident for greater than 90 days." If either of these is true then the result is NOT 5 day wait period (which means the "up to sixty day" period applies). With a little additional logic manipulation (trickery) this can be converted to a positive statement as (IF "valid state issued ID" AND "resident greater than 90 days" THEN "delivery after 5 days ELSE delivery up to sixty days).

    After all of this though, there is still no reason that a dealer couldn't sell the gun to you, it just means that you could be required to wait up to sixty days before he could deliver it to you. It is not clear from the section of the RCW posted what other factors might weigh on the sixty day period but as others have posted "up to" generally means "equals" when entities that are open to legal action interpret the codes.

    All of this of course is moot from your standpoint though as I am not a gun dealer and don't have anything to sell you anyway.

    Steve

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    2nd_to_one wrote:
    Howdy,

    Sorry for resurrecting this "old" thread but I noticed that no one directly addressed the original question. As always the disclaimer "I am not a lawyer (INAL)" but the language looks pretty straightforward here. It says that if any of the three conditions are met then the pistol can be delivered after the 5 day waiting period.

    This is a logical OR of three NOT conditions so it might be easier to look at it a little differently. The WDL and state ID are mutually exclusive (you wouldn't be issued both) therefore we can just change the statement to "not valid state issued ID." This results in an OR of two NOT conditions which are"not valid state issued ID" and "not a resident for greater than 90 days." If either of these is true then the result is NOT 5 day wait period (which means the "up to sixty day" period applies). With a little additional logic manipulation (trickery) this can be converted to a positive statement as (IF "valid state issued ID" AND "resident greater than 90 days" THEN "delivery after 5 days ELSE delivery up to sixty days).

    After all of this though, there is still no reason that a dealer couldn't sell the gun to you, it just means that you could be required to wait up to sixty days before he could deliver it to you. It is not clear from the section of the RCW posted what other factors might weigh on the sixty day period but as others have posted "up to" generally means "equals" when entities that are open to legal action interpret the codes.

    All of this of course is moot from your standpoint though as I am not a gun dealer and don't have anything to sell you anyway.

    Steve
    Thanks for the reply Steve. How you have stated it is how I had always read that code, but everybody here has been arguing that one of those (90 days, DL/ID) would exempt you from the 60 day waiting period. So here's what my day was like today...

    Step 1: I called the State Legislature office to discuss, and they said that RCW 9.41.090 Section 1c means that if you don't have a drivers license/id card and you haven't been here for 90 days, you can't buy. In other words, having a WA license or ID card makes you eligible to purchase. They also said that being here for 90 days makes you eligible, though I'm not sure how you would prove it.

    The person I spoke to read the entire code and concluded (after also looking through the other parts of 9.41) that there is no RCW code keeping a person who has a WA drivers license but has not been a resident for a full 90 days from purchasing a pistol. He said that the law the FFL dealers are referring to might have something to do with the Department of Licensing.

    Step 2: So I called somebody over at the DOL and she told me that they had for a long time, been advising FFL dealers not to sell pistols to anybody who has been a resident for less than 90 days, but that this "encouragement" has been discontinued recently.

    Step 3: I followed up with a nice fellow at Wade's Guns in Bellevue and explained to him my findings. He said that the 90 day "law" isn't checked regularly, but there is a section of the application form that says you must have been a resident for 90 days.

    Step 4: I called the DOL back up and spoke with a very nice fellow there who is the supervisor. I walked him through my question and he confirmed that anybody with a WA drivers license or ID card can purchase a pistol with the regular waiting period. He said that this is an issue that he recently discussed with the DA, and they have sent notices out to FFL dealers about to make sure everybody was on the same page.

    So now all I need to do is have my FFL dealer call the DOL and verify directly with them this misunderstanding regarding residency laws.

    PHEW! That was a lot of work.


  24. #24
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    NavyLT wrote:
    The question on the application for purchase about 90 days residency is there for a purpose. But it is NOT to exclude you from purchasing... it just changes the waiting period, if local law enforcement does not approve the purchase earlier than the 60 day extended waiting period.
    Right, but the 60 day waiting period only applies if you can't prove residency of 90 days and you don't have a Washington ID. The supervisor at the DOL I spoke with said that if you can provide proof of either of those, the regular 5 day waiting period applies.

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