Bullet Points. Can Your Spouse Carry One of Your Firearms?

Published on May 11, 2022
Duration: 1:49

This video clarifies Washington State law regarding firearm transfers between immediate family members. It explains that under RCW 9.41.113(4), loans or gifts of firearms to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles do not require a background check, provided the transferor believes the recipient is legally allowed to possess a firearm. However, for actual sales, an FFL transfer with a background check is recommended.

Quick Summary

In Washington State, you can loan or gift a firearm to immediate family members, including spouses, parents, children, and siblings, without a background check under RCW 9.41.113(4), as long as you believe they can legally possess it. For actual sales, an FFL transfer is recommended.

Chapters

  1. 00:00Introduction: Loaning Firearms to Spouse
  2. 00:23Relevant Statute: RCW 9.41.113(4)
  3. 00:30Immediate Family Transfer Exemptions
  4. 00:46Definition of Immediate Family
  5. 01:05Loan vs. Sale: Background Check Requirements
  6. 01:20Recommendation for Sales: FFL Transfer
  7. 01:35Further Information and Channel Plug

Frequently Asked Questions

Can I loan my firearm to my spouse in Washington State without a background check?

Yes, under Washington State law (RCW 9.41.113(4)), you can loan a firearm to your spouse without a background check, provided you believe they are legally allowed to possess a firearm. This exemption extends to other immediate family members as well.

What does 'immediate family' mean for firearm transfers in Washington?

In Washington State, 'immediate family' for firearm transfer exemptions under RCW 9.41.113(4) includes spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles.

Do I need an FFL transfer if I sell a gun to my wife in Washington?

While loans and gifts to immediate family are exempt from background checks, if you are actually selling a firearm to your wife in Washington, it is highly recommended to conduct the transfer through a Federal Firearms Licensee (FFL). This ensures compliance with state law and will require a background check.

What is the legal basis for firearm transfer exemptions in Washington?

The legal basis in Washington State for certain firearm transfer exemptions, particularly for immediate family members, is found in Revised Code of Washington (RCW) 9.41.113, specifically subsection four.

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