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View Full Version : WA state BP pistol law ???



Razor
03-22-2008, 02:49 PM
WTH ??
A month ago, a friend and I went into Sportsmans Wharehouse lookin' to buy blackpowder pistols..
My CWP had expired..
I was informed that BP pistols had to go thru the 5-day waiting period just like any other pistol purchase...
My C&R was no good either...
Anyone know what-the-$%^& is up ???
I've tried several GOOGLE searches but don't want wade thru 3,684,902 responses...
When did they sneak this bull $&!+ thru ??
Is it a State thing ??
Is it a store thing ??
Anyone know of a site that has the latest info ??
(this has really got my panties in a bunch!!):mad::mad::mad::mad:


razor
:castmine:

rickomatic
03-29-2008, 08:07 PM
Wow. That's a new one on me. I'm thinking it may be a store thing. Or an employee thing. Did you ask the clerk to cite the RCW? I'll see if I can do a quick search of the WA RCW's to see if anything applies.
In the very least...let us know what you find out.:coffee:

OK. I looked at the RCW and as is usual, it's confusing. I first went to "http://www.dol.wa.gov/business/firearms/fdltraining.pdf" and it said that Black Powder firearms were indeed regulated, however there was no RCW cited.
I then went to the newest copy of the ATF State firearms regulations (2004) that I could find, and attempted to look up some specifics.
RCW 9.41.010 "Terms Defined" paragraph (2) "Pistol" means any firearm or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
Further down
RCW 9.41.010 paragraph (8) "Antique firearm" a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 , including any matchlock, flint-lock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

If you then go over to RCW 9.41.090 Dealer deliveries regulated - Hold on delivery.........look it up...it's too long to re type. But it only talks about "pistols". If I'm reading these RCW's correctly then a "replica" of an antique is considered an antique and NOT a pistol, which has a totally different definintion according to the RCW's.

HOWEVER........remember one very important thing.......I AM NOT A LAWYER AND DO NOT PLAY ONE ON TV. I would think a letter to the state AG asking for clarification would be a good route to go.
OR.........screw Sportsman's Warehouse.....and order one direct online from somewhere.

My $0.02

RBak
03-30-2008, 12:53 PM
I find all this very interesting! And makes me mad as Hell!
Like Razor, this really has me upset to no end!
How can things like this happen, and no one know, or even hear a thing in the world about it.....until after the fact??:twisted:

Razor, which store was this?
I will call the Spokane store this morning and see what they say. I am also going to call Tri-State Sports here in town and see if they know anything about this.

Russ

Diamond-City-Bob
03-30-2008, 01:59 PM
When I was reading up for my Master Hunter cert. I came to the same conclusion as Rickomatic. I am not a lawyer, never been one, (talked to one once though, but it was about steelhead fishing), and never wanted to be one.
I'm thinking that the clerk doesn't know what he's talking about, most likely the store management also.

Razor
03-30-2008, 11:21 PM
Thanks for the replies fellas..
Rickomatic....I did some more researching at the sites you mentioned.. didn't figger out SQUAT !
Confusing as you say...:confused:

RussB...The Lacey (Olympia) store...
I ben meanin' to call the Silverdale store, but, being 3 days older'n dirt, I forget ...
Maybe someone there can cite an ordinance/law/reg/something ...
sure HOPE it's a 'store' thing....

I found this 'note' on a BP revolver auction I was watching:...

No FFL needed in most states for direct shipment. No sales tax required. Residents of IL.,MA.,MI.,NJ.,NY., and WA. and others that may apply check local laws for requirements.

Notice where 'WA' is mentioned ???
Leads me to wonder, mebbe it ain't just a store thing....:confused::mad::mad::groner:[smilie=b:

Razor
:castmine:

crazy mark
03-30-2008, 11:31 PM
May be the sales tax thing in WA. I know they want a cut of all shipments into the state. Ordered something on line for Mom and had it shipped to her address in WA and they collected sales tax. If I had of had it sent here and then sent it up there no tax. It wasn't worth the hassle for a $50 item. Mark

Razor
03-31-2008, 12:13 AM
Mark...
That may well be also, but, The first time I ran into this.. I was in-state..
They was gonna git their tax ....
Then noticed a couple odd/new things on gun ads since...(IE Gunbroker)

Razor
:castmine:

Razor
03-31-2008, 09:39 PM
Update;

I called SA today..

Counter-guy couldn't cite a law, but what corporate lawyers passed to them was :
A state "addendum" was instituted a month and a half, .... two months ago.....
to subject cap and ball revolvers to handgun regs...:takinWiz:

RBak
03-31-2008, 10:04 PM
I have been on the phone today to both Tri-State Sports, and to Sportsmans Warehouse in Spokane, and they told me the same thing Razor just stated earlier.

But, it was in a little different terms.
Wade, at SW, said it was being interpreted as Black Powder revolvers being a handgun.
We talked a bit, and then I asked if a singleshot muzzleloading pistol was being the treated same, he wasn't sure, and then suddenly the conversation headed South because he informed me that if I was just heckling him to call BATF.
I assured him I was not "just heckling" him, and I truly wanted to know what, and when, this had happened....that's when he turned into the lowly employee just doing his job and assuring me he didn't write the rules, he just did his job.

Bottom line is I do need to call BATF and the straight of this.

I can't blame these folks for not knowing the "whys" of all this nonsense.
It would be real nice if they did know, but that just ain't the real world.
I'm sure everybody and their brother jumps the sales clerk over this, and that is not going to make it any better.

Russ

Wayne Smith
04-01-2008, 07:29 AM
Contacting the BATF won't help. Every state can pass statuates more restrictive than the federal, they just can't be less restrictive. This is a state issue. I don't know what a state "addendum" is - advisory or law. That's the critical issue.

bigbore442001
04-01-2008, 08:17 PM
Black powder firearms regulations vary from state to state. I know here in Massachusetts you can buy a muzzleloading handgun or cap and ball revolver without a license to carry and keep it in your home without said license. You better have it if you want to take it out of your home and shoot it.

rickomatic
04-01-2008, 11:49 PM
As far as I know, "the state" cannot ammend a law unless it goes through the legislative process. The gun community here is pretty much on top of any legislative shenanigans as far as gun laws go. And I sure as heck haven't heard anything about this. There is no agency in WA state that I'm aware of that can change laws by fiat willy nilly.
I still thing it's a store policy. Or a store lawyer's interpretation of a law.
I'll see if I can find someplace where we can ask the attorney general about it.