So, with the new law demanding record-keeping of all the firearm transactions in the Evergreen State, one would think that the Department in charge of the record-keeping itself would be the proper place to go if you have a question. But that would make sense and the message simply is “You are on your own”:
Initiative 594 – “Background Checks for Gun Sales and Transfers”
The Department of Licensing’s (DOL) Firearms Program is only the record keeping authority, as noted in RCW 9.41 which is the Law Relating to Firearms and Dangerous Weapons. DOL is responsible for maintaining many of the state’s firearms records, including firearm dealer licenses, alien firearm licenses, concealed pistol licenses, ineligible to possess a firearm, and pistol transfers and sales.
This program’s role in the implementation of Initiative 594 is limited to record keeping requirements. DOL cannot provide legal advice or help the public or licensed firearm dealers interpret the firearms statutes found in RCW 9.41 or I-594….
….Please contact your local law enforcement agency if you have questions about firearms licensure requirements, clarification of definitions, violations of the law or need additional information regarding exemptions.
If you are a business owner with questions about the implementation I-594, we recommend you seek private legal advice for your business questions. The Firearms Program staff cannot provide legal advice or interpretation of I-594.
But like in the infomercial “That is not all!” Now, some words from the Department of Revenue:
Does the buyer/transferee owe use tax if the in-state firearms dealer does not collect the tax?
Yes. I-594 does not relieve the purchaser/transferee from the obligation to pay use tax. The purchaser/transferee receiving the firearm must pay use tax directly to the Department of Revenue as follows:
• An unlicensed purchaser/transferee that does not have a tax reporting account with the Department must report and pay the tax by completing and filing a Consumer Use Tax Return. See the Department’s website at www.dor.wa.gov.
• An unlicensed purchaser/transferee that has a tax reporting account must report and pay the use tax on their Excise Tax Return.
The implementation of this initiative is gathering so much trouble, I would not be surprised to see several legal challenges be fruitful in court and eventually disbanded.
It sucks if you live in Washington, but it is starting to provide ammunition to fight the upcoming repeats that Bloomberg and the rest of his Carpetbaggers are preparing.
The lies that were used to sell this law and the unintended (?) consequences should be pointed out every time they try this in another state.
[…] Meanwhile, in Washington, Miguel notes that the Department of Licensing are essentially telling deal…, but the Washington Department of Revenue has been quick to remind people that they still owe use tax on the value of the transfer. All these unintended consequences gun owners don’t think about need to be spread far and wide so that in the next state, maybe we have a chance to take Bloomberg’s margins down, with the aim to eventually educate enough gun owners to beat him. If not in Nevada, in another state. […]
FWIW: Interestingly, WA is a community property state. Which means all the guns that my wife and I own (going back for 20+ years — first in AZ, and now in WA), both of us own.
Which is to say, community property is an angle I have yet to see discussed in all the talk surrounding I-594. (At least they can’t accuse me of violating the law when we pass our guns back and forth at the range.)
Butbutbut…. we’ll always have “Sleepless In Seattle”!!!