Legal Steps to Transfer or Gift a Firearm to a Family Member in Washington State
Give the Gift of Adventure, Legally
Imagine handing down your grandfather’s hunting rifle to your son for his first backcountry trip, or gifting your spouse a trusted pistol for home protection. In Washington State, transferring a firearm to a family member can be straightforward, but only if certain legal conditions are met. However, if you or your loved one has a past conviction, even a minor one, that dream can hit a legal roadblock. That’s where we come in. At Findley & Rogers, we specialize in helping individuals clear their records and restore their firearm rights. Don’t let a past mistake prevent you from sharing cherished traditions or ensuring your family’s safety.
Understanding Washington's Family Firearm Transfer Laws
Washington law allows for the transfer of firearms between immediate family members without the need for background checks or paperwork, provided it's a bona fide gift. Immediate family includes spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles. The law does include parents-in-law, children-in-law, and siblings-in-law, but does not include stepparents, stepsiblings, or stepchildren.
Key Points:
Bona fide gift: The firearm must be given as a genuine gift, not in exchange for money or services.
Immediate family only: Transfers must be between qualifying family members as defined by law.
Legal eligibility: The recipient must be legally allowed to possess a firearm.
This streamlined process is designed to respect family traditions while maintaining public safety. That said, there are still legal boundaries you must respect.
What If the Recipient Has a Criminal Record?
If your family member has a criminal record that prohibits them from owning a firearm, the transfer becomes illegal. But there's hope. Many individuals are unaware that it's possible to restore firearm rights in Washington State.
At Findley & Rogers, we assist clients in clearing their records and regaining their rights. Whether it's expungement, vacating a conviction, or restoring firearm rights, our experienced attorneys are here to guide you through the process.
Steps to Restore Firearm Rights in Washington
Assess eligibility: Determine if the individual qualifies for rights restoration based on the nature of their conviction and the time elapsed.
Legal process: File a petition with the court to restore firearm rights, which may involve demonstrating rehabilitation and compliance with legal requirements.
Court decision: If approved, the court will issue an order restoring the individual's right to possess firearms.
It's important to note that restoring state firearm rights does not automatically restore federal rights. Consulting with an attorney is crucial to navigate this complex legal landscape.
Understanding Federal vs. State Law
Federal laws provide a baseline for firearm ownership and transfers, while Washington State law adds its own regulations. The federal Gun Control Act of 1968 requires that all interstate transfers go through a Federal Firearms License (FFL) holder. For in-state transfers between family, however, Washington law permits direct gifting.
Still, both state and federal law agree on one crucial point: the recipient must be legally eligible to own a firearm. That’s why firearm rights restoration is so important.
Step-by-Step: Legal Gun Transfer Between Family Members
Even if you're transferring to a qualifying family member and it's a gift, we recommend following these best practices:
Verify eligibility: Ensure the recipient is legally allowed to possess a firearm. Past felonies, mental health issues, or certain misdemeanors may disqualify them.
Document the transfer: Even though Washington law doesn't require paperwork for family gifts, keeping a written record of the gift, including the make, model, and serial number, can protect both parties.
Provide safety guidance: Include any manuals or safe storage tips, especially if the recipient is new to firearm ownership.
Use secure storage: Encourage the recipient to store the gun safely in a lockbox, gun safe, or with a trigger lock.
When Paperwork and Dealers Are Required
If the transfer doesn't qualify as a bona fide gift or if it involves selling or bartering, even between family, the law requires that the transfer go through a licensed firearm dealer. That dealer will:
Conduct a federal background check via NICS.
Require completion of Form 4473 (Firearms Transaction Record).
Facilitate proper documentation of the sale.
Likewise, if the transfer is occurring across state lines, say, from Washington to Oregon, an FFL dealer must be involved.
Common Mistakes to Avoid
Assuming all family transfers are legal: Only immediate family members qualify.
Gifting to an ineligible person: This could lead to felony charges.
Accepting anything in return: That changes the gift into a sale and makes the transfer subject to standard rules.
Ignoring local ordinances: Cities may impose additional storage or registration rules.
Firearm Transfers as a Path to Family Bonding
Whether you're preparing for a hunting trip in the Cascades, teaching firearm safety to a new adult in the family, or passing on a family heirloom, lawful transfers are a great way to build memories and deepen trust. Guns are often more than tools, they're history, connection, and responsibility wrapped into one. Transferring a firearm the right way ensures you can continue enjoying the outdoors, protecting your home, or hitting the range with confidence and peace of mind.
Take the First Step Toward Clearing a Record
Do you or your loved one have a record that's standing in the way of a legal family gun transfer? Let us help. At Findley & Rogers, we work with clients all over Washington State to:
Vacate old convictions
Seal or expunge juvenile records
Appeal firearm background check denials
Restore firearm rights after disqualifying convictions
We understand the urgency, whether you're planning a hunting trip, ensuring home security, or preparing for an outdoor adventure, we know how important it is to be ready and legal.
Why Choose Findley & Rogers
Flat-fee pricing
Free consultations
Fast turnaround times
Proven success in restoring rights
Contact Us Today
Reach out now for a free consultation. We’ll assess your eligibility and create a personalized plan to clear your record and get your rights back. Then, you’ll be free to pass on a piece of your legacy or simply enjoy the peace of mind that comes with being prepared.
