From:

Sent:
To:
Subject:

DOL Firearms <Firearms@DOL.WA.GOV>

Thursday, September 25, 2014 5:48 PM
Peter.W.Mickelson@usdoj.gov
RE: SBRs in WA

Good Afternoon Peter,

The Department of Licensing, Firearms Unit does not have a position on any law, including RCW
9.41.190. It is also not in our authority to interpret state law and/or give legal advice. When an
individual calls to ask about the RCW, we have been informing the individuals that the law states
that manufacturing of SBRs is currently unlawful and that we do not have a definition for
manufacture/manufacturing firearms.

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If a definition of manufacture on the state level is needed, the individual(s) will need to seek the
advice of an entity or agency that is able to interpret state law.

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Feel free to contact us with any further questions or concerns. Thank you and have a great day.

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Firearms Unit
Dept. of Licensing
Business and Professions Division
Phone:
Fax: 360-570-4945
Firearms@dol.wa.gov

'A customer is the most important visitor on our premises. They are not dependent on us, we are
dependent on them. They are not an interruption of our work, they are the purpose of it. They are
not an outsider to our business, they are part of it. We are not doing them a favor by serving them,
they are doing us a favor by giving us the opportunity to do so'.
--Unknown
From: Peter.W.Mickelson@usdoj.gov [mailto:Peter.W.Mickelson@usdoj.gov]
Sent: Thursday, September 25, 2014 3:14 PM
To: DOL Firearms
Cc: Michael.D.Beckstrand@usdoj.gov
Subject: FW: SBRs in WA

I am following up on your email correspondence with ATF Industry Operations Investigator Mike Beckstrand (below)
concerning Washingtons short-barreled rifle law. Is it the Department of Licensings position that, under RCW 9.41.190,
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an individual may not lawfully make a short-barreled rifle, even after receiving an approved Form 1 to make such
firearm from ATF? I understand that the state statute still prohibits the manufacturing of short-barreled rifles. But I
want to be clear about terms. The federal firearms laws define the term manufacture narrowly to mean the business
of manufacturing firearms, which is different from making, which can entail a single instance of producing one firearm
for personal use. Do the same definitions apply for purposes of the Washington law? And if so, would it then be
permissible, under state law, for a Washington resident to make a short-barreled rifle with ATFs approval?
Thank you for any clarification you can provide. If you have some time and would like to call me to discuss this, I can be
reached by telephone at
Pete
Peter Mickelson
Staff Attorney
Bureau of Alcohol, Tobacco, Firearms and Explosives
Seattle Field Division

Begin forwarded message:

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From: Beckstrand, Michael D.

Sent: Tuesday, September 02, 2014 2:51 PM
To: Tibbetts, John; Mickelson, Peter W.
Subject: Fwd: SBRs in WA

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From: DOL Firearms < >

Date: September 2, 2014 at 2:45:05 PM PDT
To: "Michael.Beckstrand@atf.gov" <Michael.Beckstrand@atf.gov>
Subject: RE: SBRs in WA

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Good Afternoon Michael,

We do not have an interpretation on the SBR law for Washington State. The law is
clear when it states that the manufacture of SBR is still illegal, unless you meet i, ii, or
iii of the exemptions in the RCW.
RCW 9.41.190
Unlawful firearms Exceptions.
(1) Except as otherwise provided in this section, 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, shortbarreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun,
short-barreled shotgun, or short-barreled rifle.
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(2) It is not unlawful for a person to possess, transport, acquire, or transfer a shortbarreled rifle that is legally registered and possessed, transported, acquired, or
transferred in accordance with federal law.
(3) Subsection (1) of this section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from
official duty, or to any officer or member of the armed forces of the United States or
the state of Washington in the discharge of official duty or traveling to or from
official duty; or

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(b) A person, including an employee of such person if the employee has

undergone fingerprinting and a background check, who or which is exempt
from or licensed under federal law, and engaged in the production,
manufacture, repair, or testing of machine guns, short-barreled shotguns, or
short-barreled rifles:

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(i) To be used or purchased by the armed forces of the United States;

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(ii) To be used or purchased by federal, state, county, or municipal law

enforcement agencies; or

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(iii) For exportation in compliance with all applicable federal laws and
regulations.

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(4) It shall be an affirmative defense to a prosecution brought under this section

that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994,
and is possessed in compliance with federal law.
(5) Any person violating this section is guilty of a class C felony.

Feel free to contact us with any further questions or concerns. Thank you and have a
great day.
Firearms Unit
Dept. of Licensing
Business and Professions Division
Phone:
Fax: 360-570-4945
Firearms@dol.wa.gov
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'A customer is the most important visitor on our premises. They are not dependent
on us, we are dependent on them. They are not an interruption of our work, they are
the purpose of it. They are not an outsider to our business, they are part of it. We are
not doing them a favor by serving them, they are doing us a favor by giving us the
opportunity to do so'.
--Unknown
From: Michael.Beckstrand@atf.gov [mailto:Michael.Beckstrand@atf.gov]
Sent: Tuesday, September 02, 2014 2:08 PM
To: DOL Firearms
Subject: SBRs in WA

Hello,

Thank you,

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Fax: 206-204-9832

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Industry Operations Investigator

U.S. Department of Justice-Bureau of ATF
Seattle Field Division
Office:

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Mike Beckstrand

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Has your office received anything official from the WA State Attorney General or other State agency to
interpret the new WA SBR law. We are getting a lot of calls from WA residents that are about to submit
Form 1 applications for SBRs. The RCW is unclear as to if it is legal for individuals to make their own SBR
in WA. Could you forward me anything official you have on the subject?

The link ed image cannot be display ed. The file may hav e been mov ed,
renamed, or deleted. Verify that the link points to the correct file and
location.

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