Bear 45/70 wrote:
expvideo wrote:
I know WA state law prohibits machineguns. But there was a case ruling that dismissed a select-fire M4, because the police didn't confiscate a magazine with it, and therefor the gun could not fire more than one shot per pull of the trigger. I'm trying to figure out what that case law means, and if it is relevant, because if so, we can own select fire weapons, but we can't use them or store them with a magazine.
Washington does not even allow the ownership of the full auto parts, much less an assembled weapon, with or without a mag. Read the ads for FA parts and they won't ship to Washington anymore. They used to years back but not now.
You are referencing this law:
RCW 9.41.190
Unlawful firearms — Exceptions.
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
And you are correct. However the definition of machine gun in WA state requires that it has a magazine. Therefor, no magazine =no machine gun, parts or not, at least according to this case ruling.
RCW 9.41.010
Terms defined.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
The fact that it says "and" makes it so that there is a requirement for the gun to have a magazine, not just the capability to accept a magazine. A machine gun with no magazine can not fire more than one manually loaded round per pull of the trigger. This part of the definition is actually quite clear on the requirement for a magazine to meet the description of a machine gun.
In fact, since it makes it clear that this must be a separable item, that would make converting an SKS with a non-detachable "magazine" tofull auto completely legal. Any full-auto firearm with a self-containedand non-separable ammunition source would be technically legal under WA statelaw, as I am interpreting it.
