Loaning a Firearm to Someone Who Might Actually Need It

Published on May 15, 2022
Duration: 9:16

Washington Gun Law TV discusses the legalities of loaning firearms in Washington State. It clarifies that private transfers require an FFL background check unless an immediate family exception under RCW 9.41.113(4) applies. The video emphasizes the severe penalties for knowingly delivering a firearm to an ineligible person (RCW 9.41.080) and the potential criminal liability for unsafe storage if an unauthorized individual accesses and misuses a firearm (RCW 9.41.360).

Quick Summary

In Washington State, private firearm transfers require an FFL background check per RCW 9.41.113, unless it's between immediate family members (spouses, parents, siblings, etc.). Knowingly loaning to an ineligible person is a class C felony under RCW 9.41.080, and unsafe storage leading to misuse incurs liability under RCW 9.41.360.

Chapters

  1. 00:00Introduction: Loaning a Firearm
  2. 00:36Viewer Question: Loaning to Family/Neighbor
  3. 01:28Can You Legally Loan a Firearm?
  4. 01:46RCW 9.41.113: Private Transfers & Exceptions
  5. 02:15Immediate Family Member Definition
  6. 03:08Requirement: Lawful Possession
  7. 03:23Consequences of Loan to Ineligible Person
  8. 04:01RCW 9.41.080: Delivery to Ineligible
  9. 05:00RCW 9.41.360: Safe Storage Laws
  10. 05:34Liability for Unauthorized Access
  11. 06:04Is It the Right Thing to Do?
  12. 06:13Dangers of Untrained Hands
  13. 07:17Individual Judgment on Loaning
  14. 07:52Summary: Legal vs. Ethical Decision
  15. 08:38Contact Washington Gun Law

Frequently Asked Questions

What are the legal requirements for transferring a firearm privately in Washington State?

In Washington State, private firearm transfers generally require a background check through a licensed FFL, as mandated by RCW 9.41.113. However, an exception exists for transfers between immediate family members as defined by law.

Who qualifies as an 'immediate family member' for firearm transfer exceptions in Washington?

Under RCW 9.41.113(4), immediate family members for firearm transfer exceptions include spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles.

What are the penalties for knowingly loaning a firearm to someone ineligible to possess it in Washington?

Knowingly delivering a firearm to someone you have reasonable cause to believe is ineligible to possess it is a violation of RCW 9.41.080 and can result in a class C felony charge for delivery to an ineligible person.

How do Washington's safe storage laws impact loaning firearms?

Washington's safe storage laws (RCW 9.41.360) can impose criminal liability if an unauthorized person gains access to your firearm and uses it. This can range from community endangerment in the second degree to the first degree, depending on the misuse.

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