Wa. bill would ban "untraceable firearms" (80% receivers)

[silicosys4]

A friend of mine brought this to my attention today. Since he just made a significant investment in a Ghost Gunner G2 and quiet a bit of the supporting equipment, he is pretty upset, to say the least.

At this point, I have no doubt this will pass.

http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Senate Bills/5061.pdf

"(34) "Untraceable firearm" means any firearm manufactured after 21 July 1, 2019, for which the sale or distribution chain from a 22 federally licensed dealer to the point of its first retail sale 23 cannot be traced by law enforcement by means of a serial number 24 registered with a federally licensed manufacturer imprinted on its 25 major component.

NEW SECTION. Sec. 2. (1) No person may knowingly or recklessly 27 allow, facilitate, aid, or abet the manufacture or assembly of an 28 undetectable firearm or untraceable firearm: (a) Is ineligible under 29 RCW 9.41.040 to possess a firearm; or (b) has signed a valid 30 voluntary waiver of firearm rights that has not been revoked under 31 RCW 9.41.350. For purposes of this provision, the failure to conduct 32 a background check as provided in RCW 9.41.113 shall be prima facie 33 evidence of recklessness. 34 (2) Any person violating this section is guilty of a gross 35 misdemeanor punishable under chapter 9A.20 RCW. If a person 36 previously has been found guilty under this section, then the person 37 is guilty of a class C felony punishable under chapter 9A.20 RCW for 38 each subsequent knowing violation of this section. A person is guilty p. 6 SB 5061 1 of a separate offense for each and every firearm to which this section applies."

 

[CapnMac]

(34) "Untraceable firearm" means any firearm manufactured after 21 July 1, 2019, for which the sale or distribution chain from a
22 federally licensed dealer to the point of its first retail sale
23 cannot be traced by law enforcement by means of a serial number
24 registered with a federally licensed manufacturer imprinted on its
25 major component.

NEW SECTION. Sec. 2. (1) No person may knowingly or recklessly
27 allow, facilitate, aid, or abet the manufacture or assembly of an
28 undetectable firearm or untraceable firearm: (a) Is ineligible under
29 RCW 9.41.040 to possess a firearm; or (b) has signed a valid
30 voluntary waiver of firearm rights that has not been revoked under
31 RCW 9.41.350. For purposes of this provision, the failure to conduct
32 a background check as provided in RCW 9.41.113 shall be prima facie
33 evidence of recklessness.
34 (2) Any person violating this section is guilty of a gross
35 misdemeanor punishable under chapter 9A.20 RCW. If a person
36 previously has been found guilty under this section, then the person
37 is guilty of a class C felony punishable under chapter 9A.20 RCW for
38 each subsequent knowing violation of this section. A person is guilty
1 of a separate offense for each and every firearm to which this section applies."

The parts in bold arenot much of a change from general current practice.
As long as the item is not produced for retail sale, there's no requirement (yet) for an s/n.

Now, the part in italics--lines 23-25--does appear to be the catch 22. Not really a way to get a federally licensed manufacturer to issue a s/n on a customer-finished part.

The simple "cure" would be to serialize 80% parts. But, that would increase the price. And could make a person an unlicensed manufacturer.
Maybe.
Perhaps.
YMMV

 

[armoredman]

And how would they prove when it was made, or, alternatively, how would anyone prove one made before the date is legal? BTW, I think ATFE will issue a serial for nay home made firearm if needed, but I cannot be certain, hearsay.

 

[Sovblocgunfan]

Atf has selectively done it in the past but they adamantly state they no longer do that. They are not in the business of assigning serial numbers to someone’s work, homemade or not. And they are pretty firm. The maker of the firearm has to apply one, with whatever the desired nomenclature is.

Point being I bet there are lots of homebuilds with “OU812” on them or something, but they didnt come from the ATF.

In the OP, it seems the “new section” is the killer, but conditions a) and b) suggest there may be some language missing or unclear.

 

[deadin]

As reported in our local newspaper:

The bill would ban the manufacturing or use of an untraceable firearm, which can be made on a 3D printer with so little steel that metal detectors may not catch it.

Has this morphed into including 80%'ers? (If it hasn't, I'm pretty sure it will sooner or later.)

 

[Speedo66]

Unless I missed it, I don't see anything illegal about possessing it. Just build it before the law goes into effect.

 

[Hasaf]

Could a non-California resident apply for a serial number through Ca DOJ, and would that meet the serial number requirements in other states?

I don't really have a dog in this race, the curious thought struck me as I was reading this thread.

 

[Browning]

I'm curious ... 1) does this legislation make pistols and rifles that have been made from 80% lowers prior illegal?

2) Or are those somehow grandfathered in because they were made prior to this law?

3) If they are grandfathered in how would an agency that would actually want to pursue criminal charges against an individual tell the difference between the two?

 

[CapnMac]

@Browning makes an excellent point here.

What they (probably) should have done is just make a ban on the transfer of firearms without serial numbers. Then specified a way to generate a s/n for the tens of thousands of firearms that have none at all.

Yeah, ok, that would require legislators to have knowledge outside of their own little bubble, and worrying about something other than one-upping each other in chambers.

IIRC, 07 FFL w/ SOT are not required to serialize things they make experimentally (e.g. not for retail sale). So, it looks like they expect the home hobbist to hold to higher standard than FFL. Go figure.

Maybe.
Perhaps.