sirpuma
Regular Member
Ok, this is slightly off the OC topic but it is specifically handgun and laws related. I am hoping any of the lawyer folks on here can give me a few free pointers.
So, here's the situation. I have a customer who purchased a handgun and I'm doing the transfer for it. State law RCW 9.41.090 covers the legal transfer of a handgun and the "Application for Transfer". A transfer can take place immediately if the purchaser has a valid CPL, once the local LEO of his AO approve it, OR once the state required 5 business day waiting period passes.
So Friday the 25th my customer fills out the form, but he doesn't have his CPL yet so I send the top copy off to his local LEO. Monday the 28th I get a call from the LEO saying it's delayed. When I ask for the NTN for the delay they refuse to give it to me. When I ask about a go ahead date I'm told I can never transfer it until they say otherwise.
Now, federal law provides that if NICS gives a delay that after 3 business days the FFL can proceed if they don't hear anything back from NICS. State law says this.
"(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the dealer an application containing his or her full name, residential address, date and place of birth, race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; a description of the pistol including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of a pistol. If the manufacturer's number is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040."
Now, according to my customer the only thing he has right now is a contested speeding ticket, which as far as I know is not a criminal issue, but a moving infraction and does not disqualify someone from possessing a firearm. My customer is a sailor on active duty with a secret clearance which is being upgraded currently to top secret.
Now the way I read it, the LEO are violating the law by placing an indefinite hold on a transfer without any legal basis and violating 9.41.090.
Can someone point to another RCW where it says that LEO can indefinitely hold without reasonable cause any transfer? Also, should I call the LEO back and quote the 9.41.090 to them? Should I mindlessly obey and never give this guy his firearm until a judge forces the LEO to release it if they decide to never call me back? Should I proceed with the transfer after 30 days if I don't hear from them? Frankly the lady I spoke on the phone with was belligerent and unprofessional.
So, here's the situation. I have a customer who purchased a handgun and I'm doing the transfer for it. State law RCW 9.41.090 covers the legal transfer of a handgun and the "Application for Transfer". A transfer can take place immediately if the purchaser has a valid CPL, once the local LEO of his AO approve it, OR once the state required 5 business day waiting period passes.
So Friday the 25th my customer fills out the form, but he doesn't have his CPL yet so I send the top copy off to his local LEO. Monday the 28th I get a call from the LEO saying it's delayed. When I ask for the NTN for the delay they refuse to give it to me. When I ask about a go ahead date I'm told I can never transfer it until they say otherwise.
Now, federal law provides that if NICS gives a delay that after 3 business days the FFL can proceed if they don't hear anything back from NICS. State law says this.
"(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the dealer an application containing his or her full name, residential address, date and place of birth, race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; a description of the pistol including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of a pistol. If the manufacturer's number is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040."
Now, according to my customer the only thing he has right now is a contested speeding ticket, which as far as I know is not a criminal issue, but a moving infraction and does not disqualify someone from possessing a firearm. My customer is a sailor on active duty with a secret clearance which is being upgraded currently to top secret.
Now the way I read it, the LEO are violating the law by placing an indefinite hold on a transfer without any legal basis and violating 9.41.090.
Can someone point to another RCW where it says that LEO can indefinitely hold without reasonable cause any transfer? Also, should I call the LEO back and quote the 9.41.090 to them? Should I mindlessly obey and never give this guy his firearm until a judge forces the LEO to release it if they decide to never call me back? Should I proceed with the transfer after 30 days if I don't hear from them? Frankly the lady I spoke on the phone with was belligerent and unprofessional.
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