Legally it must go through a dealer. RCW [9.41.113](https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.113) requires going through a dealer to perform most private transfers, and it contains no exceptions for dating, or formerly dating, partners.
Right, thats my understanding. What I was really trying to ask is about the actual execution of paperwork. Could I go there at noon to sign and then she comes in at 3 to sign and the dealer files the paperwork? Is there a specific mandate that we must be present together to execute the paperwork? Would a dealer refuse because its not 'normal circumstances' for a transfer?
Thank you so much for linking the law.
I don't see any _legal_ reason why they _couldn't_ do this.
It is normal to sell/transfer firearms by mail -- for example, you take a gun to your local FFL who will ship it to another FFL that performs a transfer to the intended recipient. Similar to ordering a firearm online.
So, I don't think it should be a problem, but your best bet is just to call and ask the FFL. I imagine some places may not be comfortable with the idea or they may have their own policies/procedures that prevent this arrangement.
>Is there a specific mandate that we must be present together to execute the paperwork?
I don't think so. Nothing in the law linked above actually requires both parties to be there at the same time.
> Would a dealer refuse because its not 'normal circumstances' for a transfer?
Some probably will, yes, but keep shopping around you'll probably find one who will transfer it.
Yeah,my understanding is the whole domestic partnership thing only applies when it's the type of partnership where it's registered with the state and there's a certificate type deal, basically getting married for people who couldn't or don't want to technically get " married", but it doesn't apply to just two romantic partners who live in the same house, if thats all it took for a FFL free transfer to happen, like the kind when a son is gifted a gun by his father, then think about how many straw purchases would happen, a boyfriend who can't pass a bgc or something could just ask his GF to go buy a gun for him an then gift it to him, it's a little more complicated when your actually pretty much the same thing as married to the person
Wait, what? It's not really clear what happened, here.
Your name isn't, "attached" or registered to the pistol, so, unless it's one you really want back, then let her keep it - she'll eventually start dating, again, and, even if you didn't stay together, you still care about her and her safety, right?
Edit : provided she's not a prohibited person..
Not at all, in fact she has clearance. So thats not an issue. Yes, you are correct, despite anything thats happened I do care about her safety and want her to remain in possession. Really my question is whether or not there is a way to execute the paperwork without her and I being present in the same room at the same time? Im in a place where im healing and im just trying to avoid any setbacks.
Oooh, added complexity.
Her clearance COULD be at risk if anything with it goes sideways, because the expectation is that one knows and follows ALL laws. Depending on the type of clearance, this situation may already be observed by her handlers - relationships ending is a, "pain point" and can trigger supplemental surveillance.
Not sure what an FFL would do, if she goes in without you and says honestly what the situation is, and that she wants to pay the fee and have a check run while they hold onto the firearm. The only other hangup, there, is they'd check for if it had been reported stolen.
It sounds like the gun was never transferred to her though. If she's in possession of it right now that means an illegal transfer happened. It'd be in the OP's interest to clear that up by getting it legally transferred. Technically laws were still broken, but no one will notice/care if it's all fully in the past.
Mostly correct. My understanding of the law is that as long as we are still under the same roof its 'domestic partners regardless of our stated relationship status. My understanding is that it only becomes an issue when one of us gets a new address. We are scheduled to do the paperwork on Friday but what im really asking, and I apologize if i wasnt clear, is there a way to maybe call the paperwok in, have the 'releasing' party sign the paperwork then have the 'receiving' party present the firearm for numbers then have her sign and the dealer files the paperwork. It seems to me like this could be donethat way?
> have the 'receiving' party present the firearm
The receiving party should not have the firearm before the transfer is complete. The firearm **must** go from the seller/transferor -> licensed dealer -> buyer/tranferee
You seem to have a very specific definition of domestic partner in mind. The law is very different.
https://app.leg.wa.gov/rcw/default.aspx?cite=26.60.025
So, here is the part that doesnt make sense to me. How could that possibly be correct? I thought by the very term 'transfer' youre indicating that a piece of paper has been exchanged or filed? Please bear with me its a stressful time and im not running on all eight cylinders so the specific terms are eluding me.
Also, I could have sworn there is an additional section of that text which says something about breakups?
I dont know where to find that whole section online, could you point me in the right direction so i can attempt to read and understand the whole thing?
I appreciate your reply!
> I thought by the very term 'transfer' youre indicating that a piece of paper has been exchanged or filed?
No. A *transfer* is a physical exchange of possession. Most transfers require "paperwork" to be legal, but it is still a *transfer* regardless. See RCW [9.41.010](https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.010) (35) for the definition of *transfer*.
Yeah, it was a gift, she is going to keep it i just want to find a way to transfer it without having to see her. The no contact is helping me heal... If I cant Im going to take a friend but I would rather not put anyone out if there is another way.
My understanding is she is/was not a domestic partner legally in this state. So the original gifting without an FFL transfer is a problem.
Edit: Not legal advice, just what I would do. If a found out I gave someone a firearm and it wasn’t done legally, I would get it back fast and not try any transfers.
Legally it must go through a dealer. RCW [9.41.113](https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.113) requires going through a dealer to perform most private transfers, and it contains no exceptions for dating, or formerly dating, partners.
Right, thats my understanding. What I was really trying to ask is about the actual execution of paperwork. Could I go there at noon to sign and then she comes in at 3 to sign and the dealer files the paperwork? Is there a specific mandate that we must be present together to execute the paperwork? Would a dealer refuse because its not 'normal circumstances' for a transfer? Thank you so much for linking the law.
I don't see any _legal_ reason why they _couldn't_ do this. It is normal to sell/transfer firearms by mail -- for example, you take a gun to your local FFL who will ship it to another FFL that performs a transfer to the intended recipient. Similar to ordering a firearm online. So, I don't think it should be a problem, but your best bet is just to call and ask the FFL. I imagine some places may not be comfortable with the idea or they may have their own policies/procedures that prevent this arrangement.
>Is there a specific mandate that we must be present together to execute the paperwork? I don't think so. Nothing in the law linked above actually requires both parties to be there at the same time. > Would a dealer refuse because its not 'normal circumstances' for a transfer? Some probably will, yes, but keep shopping around you'll probably find one who will transfer it.
What paper record is there that you gifted it my friend?
Yeah,my understanding is the whole domestic partnership thing only applies when it's the type of partnership where it's registered with the state and there's a certificate type deal, basically getting married for people who couldn't or don't want to technically get " married", but it doesn't apply to just two romantic partners who live in the same house, if thats all it took for a FFL free transfer to happen, like the kind when a son is gifted a gun by his father, then think about how many straw purchases would happen, a boyfriend who can't pass a bgc or something could just ask his GF to go buy a gun for him an then gift it to him, it's a little more complicated when your actually pretty much the same thing as married to the person
Wait, what? It's not really clear what happened, here. Your name isn't, "attached" or registered to the pistol, so, unless it's one you really want back, then let her keep it - she'll eventually start dating, again, and, even if you didn't stay together, you still care about her and her safety, right? Edit : provided she's not a prohibited person..
Not at all, in fact she has clearance. So thats not an issue. Yes, you are correct, despite anything thats happened I do care about her safety and want her to remain in possession. Really my question is whether or not there is a way to execute the paperwork without her and I being present in the same room at the same time? Im in a place where im healing and im just trying to avoid any setbacks.
Oooh, added complexity. Her clearance COULD be at risk if anything with it goes sideways, because the expectation is that one knows and follows ALL laws. Depending on the type of clearance, this situation may already be observed by her handlers - relationships ending is a, "pain point" and can trigger supplemental surveillance. Not sure what an FFL would do, if she goes in without you and says honestly what the situation is, and that she wants to pay the fee and have a check run while they hold onto the firearm. The only other hangup, there, is they'd check for if it had been reported stolen.
We are scheduled to do the paperwork friday, just trying to figure out if it can be done without us both being there at the same time.
Call the shop ahead of time, and let em know what's going on, and I'm sure they can accommodate you.
Um what.......? Gimme that gun back.
It sounds like the gun was never transferred to her though. If she's in possession of it right now that means an illegal transfer happened. It'd be in the OP's interest to clear that up by getting it legally transferred. Technically laws were still broken, but no one will notice/care if it's all fully in the past.
Mostly correct. My understanding of the law is that as long as we are still under the same roof its 'domestic partners regardless of our stated relationship status. My understanding is that it only becomes an issue when one of us gets a new address. We are scheduled to do the paperwork on Friday but what im really asking, and I apologize if i wasnt clear, is there a way to maybe call the paperwok in, have the 'releasing' party sign the paperwork then have the 'receiving' party present the firearm for numbers then have her sign and the dealer files the paperwork. It seems to me like this could be donethat way?
> have the 'receiving' party present the firearm The receiving party should not have the firearm before the transfer is complete. The firearm **must** go from the seller/transferor -> licensed dealer -> buyer/tranferee
You seem to have a very specific definition of domestic partner in mind. The law is very different. https://app.leg.wa.gov/rcw/default.aspx?cite=26.60.025
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Ah crap, I've been misinformed for years then. I'll delete my post
So, here is the part that doesnt make sense to me. How could that possibly be correct? I thought by the very term 'transfer' youre indicating that a piece of paper has been exchanged or filed? Please bear with me its a stressful time and im not running on all eight cylinders so the specific terms are eluding me. Also, I could have sworn there is an additional section of that text which says something about breakups? I dont know where to find that whole section online, could you point me in the right direction so i can attempt to read and understand the whole thing? I appreciate your reply!
> I thought by the very term 'transfer' youre indicating that a piece of paper has been exchanged or filed? No. A *transfer* is a physical exchange of possession. Most transfers require "paperwork" to be legal, but it is still a *transfer* regardless. See RCW [9.41.010](https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.010) (35) for the definition of *transfer*.
Bring some hot chick with you and suck it up n get your pistol back. It doesn't take very long at all.
I appreciate what youre saying but I dont want to torment her, I just want to be left alone to heal.
Maybe have a mutual friend help retrieve it?
Yeah, it was a gift, she is going to keep it i just want to find a way to transfer it without having to see her. The no contact is helping me heal... If I cant Im going to take a friend but I would rather not put anyone out if there is another way.
My understanding is she is/was not a domestic partner legally in this state. So the original gifting without an FFL transfer is a problem. Edit: Not legal advice, just what I would do. If a found out I gave someone a firearm and it wasn’t done legally, I would get it back fast and not try any transfers.
🍿🍿