By Beth A. McDaniel, JD, CELA
On Tuesday, April 25, 2023, Governor Inslee signed into law House Bill 1240, which made Washington the 10th state to ban the sale of AR-15s and other semi-automatic rifles.
By the next day, two federal lawsuits were filed in opposition to this new law; thus, the permanence of the law is still to be determined.
Section 3, Subsection 2 of the House Bill 1240 gives exceptions to the prohibition of manufacturing, importing, distributing, selling, or offering for sale any assault weapons.
One of the exceptions is transferring ownership of such a weapon upon death to a beneficiary. One of the requirements for this exception is that the beneficiary must be able to prove the decedent was the legal owner of the weapon, ideally by being in possession of a receipt which clearly shows the decedent was the legal owner of the weapon. Another feasible way to establish that the decedent was the legal owner is for the weapon to be specifically bequeathed to the beneficiary through a provision in a Trust or a Will.
Under the current law, a beneficiary can only sell or transfer an inherited assault weapon to a licensed dealer, a federally licensed gunsmith for purposes of repair, or to a law enforcement agency for the purpose of permanently relinquishing the weapon.
Since July 1, 2019, it has been the law in our state that ownership of inherited pistols and semi- automatic rifles must be transferred through a licensed dealer within sixty days of the owner’s death. It is also the law in our state that certain persons cannot possess firearms. For example, there are prohibitions related to ownership by someone under the age of twenty-one. Thus, there should be a plan for interim safe possession should someone want to name a beneficiary who is under the age of twenty-one.
In short, legal gun ownership requires responsibility and a working knowledge of related state and federal laws. Please contact our office should you wish to include provisions in your estate plan relating to the transfer of firearms or need a referral to a licensed dealer.
For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com
First Published: May 2023