Are Ghost Guns Legal in Washington State?
Ghost guns, also known as "private transfer" or "frame-only" firearms, are a type of firearm that is assembled from parts, rather than being manufactured and sold as a complete gun. In Washington state, the legality of ghost guns is a topic of debate, with some arguing that they are legal and others claiming that they are not. In this article, we will explore the laws surrounding ghost guns in Washington state and provide guidance on what is and is not legal.
What is a Ghost Gun?
A ghost gun is a firearm that is assembled from parts, rather than being manufactured and sold as a complete gun. This can include components such as frames, receivers, barrels, and stocks, which are often sold separately and can be combined to create a functional firearm. Ghost guns can be made from a variety of materials, including metal, polymer, and wood.
Are Ghost Guns Legal in Washington State?
The short answer is: it depends. Under Washington state law, firearms must be serialized and registered with the state police before they can be sold or transferred. Ghost guns do not meet this requirement because they are not manufactured and sold as complete firearms. However, the law does allow for the sale and transfer of parts that can be used to make a firearm, as long as the parts are sold in a way that complies with state and federal regulations.
Key Laws and Regulations
To better understand the legality of ghost guns in Washington state, it’s important to familiarize yourself with the relevant laws and regulations. Here are some key points to consider:
- WAC 232-28-010: This Washington Administrative Code (WAC) regulation requires that all firearms sold or transferred in the state be serialized and registered with the state police.
- RCW 9.41.190: This Washington Revised Code (RCW) section prohibits the sale or transfer of firearms without a background check.
- ATF Form 4473: This form is used to conduct background checks on firearms purchases and is required for all federally licensed firearms dealers.
Exceptions to the Rule
While ghost guns are generally not legal in Washington state, there are some exceptions to the rule. For example:
- Parts that are not functional: If the parts that make up the ghost gun are not functional on their own, and cannot be used to make a functional firearm, they are likely legal.
- Parts that are sold through a licensed dealer: If the parts that make up the ghost gun are sold through a licensed firearms dealer, and the dealer is conducting a background check, the sale is likely legal.
- Parts that are made from 80% lowers: Some manufacturers produce 80% lowers, which are essentially receivers that are not considered functional firearms. These parts can be sold and assembled into a firearm, but the law requires that they be made from a specific type of material (such as metal) and that they meet certain safety standards.
Consequences of Violating the Law
It’s important to note that violating the law by selling or possessing a ghost gun can result in serious consequences. Here are some potential penalties:
- Misdemeanor: Selling or possessing a ghost gun without a serial number can be considered a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
- Felony: Selling or possessing a ghost gun that has been used in a crime or is intended for use in a crime can be considered a felony, punishable by up to 5 years in prison and a fine of up to $10,000.
Conclusion
In conclusion, ghost guns are not legal in Washington state unless they meet certain exceptions to the rule. It’s important to understand the laws and regulations surrounding firearms in Washington state and to take steps to ensure that any firearm you purchase or possess is legal and safe.
