Interstate trip posessing guns that you don't own?

Nausea · Mar 15, 2011

So a friend of mine is moving from Seattle to Las Vegas, and is going to be driving down. He is going to stop in La Center, WA, to pick up a shotgun or two and a pistol from his roommate's mom. I advised him to check into the legalities of this, especially with a handgun. Any insight?

Hypnogator · Mar 15, 2011

Is he over 21?

If so, no problem. Especially if he has them cased, unloaded, in the trunk of his vehicle or someplace inaccessible to the driver.

NavyLCDR · Mar 15, 2011

As long as your friend and roommate's mom are residents of the same state, there is no problem.

The age limit is 18 for the handgun, BTW, not 21.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.240

RCW 9.41.240
Possession of pistol by person from eighteen to twenty-one.

Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

(1) In the person's place of abode;

(2) At the person's fixed place of business; or

(3) On real property under his or her control.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.

The provisions of RCW 9.41.050 shall not apply to:

(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper;

RCW 9.41.040
Unlawful possession of firearms — Ownership, possession by certain persons — Penalties.

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042;

NavyLCDR · Mar 15, 2011

Once he gets to Las Vegas, he must register the pistols within 60 days.

http://www.lvmpd.com/permits/firearms_registration.html

MarkDozier · Mar 16, 2011

LT you are wrong:

"a.A period of at least 60 days of residency in the county before registration of such a firearm is required."

swinokur · Mar 16, 2011

From LVMPD web page"

If a board of county commissioners in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

A period of at least 60 days of residency in the county before registration of such a firearm is required.

A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

NavyLCDR · Mar 16, 2011

MarkDozier said:
LT you are wrong:

"a.A period of at least 60 days of residency in the county before registration of such a firearm is required."

So then when must his pistol be registered by? It's fine to point out my mistake, but please post the correct information. Does he have 61 days to register his pistol? 75 days? 1 year?

Art Eatman · Mar 16, 2011

Yeah, helps to have complete answers when corrections are offered.

NavyLCDR · Mar 16, 2011

MarkDozier said:
LT you are wrong:

"a.A period of at least 60 days of residency in the county before registration of such a firearm is required."

Maybe I should ask my question like this:

Our friend moves to Clark County with his newly acquired pistol. On day #61 in Clark County, what is there to keep him from getting arrested, tried, and convicted for possessing an unregistered handgun? He has now been a resident for more than 60 days, and the pistol was certainly transferred to him >72 hours ago.

gearhead · Mar 16, 2011

I think it hinges on "residency". One could argue that if a person isn't employed and is living in temporary quarters then residency hasn't been established. Once a lease is signed, utilities are arranged, etc. then "residency" begins. I wouldn't want to push that point too hard, though. Especially if I knew I planned on establishing residency upon settling.

brickeyee · Mar 16, 2011

I think it hinges on "residency". One could argue that if a person isn't employed and is living in temporary quarters then residency hasn't been established.

Good luck on that one.

Residnecy usually starts as soon as you enter with the intent of staying.

The law posted gives you 60days to register the guns.

Any longer and you are in violation.

Note that it does NOT say you must wait 60 days (though they would not have a case if you were present LESS than 60 days), just that it must be completed at or before 60 days.

The 60 days is you opportunity to get the guns registered.

Top_Gunn · Mar 16, 2011

It seems to me that the rule saying you have 60 days until registration is required is just another way of saying you have 60 days to register. In other words, up to 60 days without registering and you're OK: registration isn't required yet. Go past 60 days and if you haven't registered you're committing a crime because it's not registered, and now that's a requirement. Not the clearest way of writing it, perhaps, but that seems to be what it means.

NavyLCDR · Mar 16, 2011

I wish one of the dissenting opiners would come back and show us exactly how we are wrong.

Nausea · Mar 16, 2011

My lord thank you for the replies, I feel I need to clarify.
My friend who is currently living down in Vegas in the one who will own them, they were her fathers before he passed away. My friend driving down there is just planning on picking them up since he is heading that way anyway.
I'm sorry for the chaos!

-Kyle

NavyLCDR · Mar 16, 2011

Nausea said:
My lord thank you for the replies, I feel I need to clarify.
My friend who is currently living down in Vegas in the one who will own them, they were her fathers before he passed away. My friend driving down there is just planning on picking them up since he is heading that way anyway.
I'm sorry for the chaos!

-Kyle

Well, that certainly does clear things up. Now we are talking about two Federal felonies being committed, violating 18 USC 922 (a)(3) and (a)(5)!

Mom is a resident of Washington. Daughter is a resident of Nevada. Transfer of firearms between residents of two different states requires an FFL to transfer the firearms legally. Unless the daughter was left the guns in a will or was awarded the guns via state law or court order if there wasn't a will.

Now, there IS a legal way to accomplish the same thing.... boyfriend is given the guns as a gift by mom. They are his. He is the owner. This transfer is legal between two residents of Washington state. No paperwork, no FFL required. He takes HIS guns to Las Vegas. He registers the pistol as his in Clark County. He establishes Nevada residence. Then he gives HIS guns to his girlfriend as a gift between two Nevada residents. Again, a perfectly legal transaction in Nevada. The transfer of the handgun will have to be reported to law enforcement in Clark County and the girlfriend will then have to register the handgun in her name in Clark County.

Here are the Clark Country ordinances:

12.04.200 - Registration of firearms capable of being concealed.

It is unlawful for any person with at least sixty days of residency in the county to own or have in his possession, within the unincorporated area of Clark County, a pistol or other firearm capable of being concealed, unless the same has first been registered with the sheriff or with a police department of any of the incorporated cities of Clark County.

(Ord. 3571 § 4, 2007: Ord. 242 § 20, 1965)

12.04.210 - Unlawful transfer of firearms capable of being concealed.

It is unlawful for any person to sell, give away or permanently pass possession to another person of any pistol, revolver or other firearm capable of being concealed, unless the transferor thereof first registers, or causes the weapon to be registered to the transferee and new owner thereof, either with the sheriff, or with a police department of one of the incorporated cities of Clark County.

12.04.110 - Registration of pistols within seventy-two hours.

Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff's office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication.

I would still like someone to explain to me the error in my statement that the pistol must be registered in Clark County, Nevada within 60 days of establishing residence there.... on day #61, the resident possessing an unregistered pistol in Clark County is in violation of 12.04.200 above.

This is the Las Vegas Municipal Code:

10.66.140 - Registration of ownership required.

(A)

Any resident of the City receiving title to a pistol, whether by purchase, gift or other transfer, and whether from a dealer or any other person, shall, within seventy-two hours of such receipt, personally appear, together with such pistol, and register the same with the Sheriff of the Metropolitan Police Department or his designee. It shall be unlawful to possess a pistol which is not so registered.

(B)

It shall be the duty of the Sheriff or his designee to register said pistol and he is authorized to cooperate with other law enforcement agencies and licensed dealers in effecting registration of pistols to the end that efficient registration will be secured at a minimum of cost and duplication.

Nausea · Mar 17, 2011

Everything seems to be crystal clear at this point. Admins, please close this thread up, and thank you all for the time, I appreciate it.

NavyLCDR · Mar 17, 2011

Respectfully, Nausea, your question was answered, but mine has not been

.

Once he gets to Las Vegas, he must register the pistols within 60 days.

MarkDozier said:
LT you are wrong:

"a.A period of at least 60 days of residency in the county before registration of such a firearm is required."

I would still like someone to explain to me the error in my statement that the pistol must be registered in Clark County, Nevada within 60 days of establishing residence there.... on day #61, the resident possessing an unregistered pistol in Clark County is in violation of 12.04.200 above.

deadin · Mar 17, 2011

For crying out loud people. It doesn't say a person HAS to be in residency for 60 days before he can register a gun. It says the gun HAS (i.e. "is required") to be registered within 60 days of residency.

swinokur · Mar 17, 2011

Not to hijack, but my reading is "residency" I have a friend that lives in Vegas and if I visit him for 90 days I have not established residency so no registration requirement.

That's my reading anyway. It's 60 days FROM establishing residency, not that you have to establish residency or register within 60 days.

Top_Gunn · Mar 17, 2011

It's 60 days FROM establishing residency, not that you have to establish residency within 60 days.

Of course. So you have to register your guns within 60 days of establishing residency. That seems plain, but somebody said it was wrong, gave no reason, and has clammed up.

As pointed out earlier, you normally become a resident immediately on moving in if you intend to stay there.

NavyLCDR · Mar 17, 2011

Exactly, Top_Gunn, perfect explanation, thank you!

thorn726 · Mar 17, 2011

oh gosh. this was starting to look like a dropped call. "hello hello hello" yeah, he's not there. 60 shmixty, pretty obvious LT was right/ you dont HAVE to register if you are leaving within 60, but must before 60 comes to pass. really pretty straightforward if you read that law here

swinokur · Mar 17, 2011

LT was right/ you dont HAVE to register if you are leaving within 60, but must before 60 comes to pass.

or no registration past 60 required if you do not establish residency.

Top_Gunn · Mar 17, 2011

or no registration past 60 required if you do not establish residency.

True. Also if you become a resident but then move out before 60 days. Or if you dispose of all your guns before 60 days. Or if you never had any guns to start with. Numerous possibilities here, none of which changes the rule that was being discussed.

Interstate trip posessing guns that you don't own?

Member

Member

member

member

Member.

Member

member

Moderator In Memoriam

member

Member

Member

Member

member

Member

member

Member

member

Member

Member

Member

member

Member

Member

Member

Similar threads