With Washington's Assault Weapon Ban, What Happens If I'm in the Middle of My 10-Day Waiting Period?

Published on April 28, 2023
Duration: 6:11

This video explains the implications of Washington's new assault weapon ban (HB 1240) on individuals currently in their 10-day waiting period for firearm purchases. William Kirk of Washington Gun Law clarifies that even if a background check clears after the ban takes effect, FFLs cannot legally transfer the firearm due to the expanded definition of 'distribute' in RCW 9.41.010, which now includes making available or delivering firearms.

Quick Summary

If you are in Washington's 10-day firearm waiting period when the assault weapon ban (HB 1240) takes effect, your FFL cannot legally transfer the firearm to you, even if your background check clears. The ban's expanded definition of 'distribute' makes such transfers unlawful.

Chapters

  1. 00:00Introduction: WA Assault Weapon Ban & Waiting Periods
  2. 00:46Understanding House Bill 1240
  3. 01:09The 10-Day Waiting Period Explained (RCW 9.41.092)
  4. 01:33Impact of the Ban During Waiting Period
  5. 02:11Unlawful to Sell, Distribute, or Manufacture Assault Weapons
  6. 02:51New Definition of 'Distribute' in RCW 9.41.010
  7. 03:34Broad Interpretation of 'Distribute'
  8. 04:02Legal Advice for FFLs and Customers
  9. 04:34Holding Firearms Pending Injunction
  10. 05:05Anticipating Legal Challenges and Injunctions
  11. 05:23Final Answer: Can You Deliver the Firearm?
  12. 05:36Contact Washington Gun Law

Frequently Asked Questions

What happens to a firearm purchase in Washington if the 10-day waiting period is not complete when the assault weapon ban takes effect?

If you are in the middle of your 10-day waiting period when Washington's assault weapon ban (HB 1240) becomes effective, your FFL cannot legally transfer the firearm to you, even if your background check clears. This is due to the expanded definition of 'distribute' in the new law.

Can an FFL transfer a firearm if the background check clears after Washington's assault weapon ban is enacted?

No, according to Washington Gun Law, an FFL cannot transfer a firearm if the background check clears after the assault weapon ban (HB 1240) is enacted. The new law's broad definition of 'distribute' makes such transfers unlawful.

What is the new definition of 'distribute' under Washington's assault weapon ban?

Washington's HB 1240 expanded the definition of 'distribute' in RCW 9.41.010 to include giving out, providing, making available, or delivering a firearm or large capacity magazine to any person in the state, with or without consideration, regardless of the distributor's location.

What should FFLs do with firearms purchased before the ban but still in the 10-day waiting period?

FFLs are advised to hold onto firearms for customers who are in their 10-day waiting period when the assault weapon ban takes effect. The hope is that a legal injunction will be granted, allowing for the eventual transfer of these firearms.

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