How to Deactivate Old Revolver

[Jackal]

I have an old, not worth repairing H&R American .32 that I would like to legally deactivate in order to sell it as a wall hanger (all gun sales in WA require a background check and transfer, usually costing $30, about what the pistol is worth). I've looked online and cant seem to find a concrete answer. Welding the barrel shut and welding the cylinder to the frame were the best ideas I could come up with.

If anyone can point me in the right direction, I would appreciate it. I'd rather not "demil" it with a torch...

 

[armabill]

Wait for a buy back program.

 

[Sistema1927]

Wait for a buy back program.

And give credence to this abominable practice? No thanks.

 

[John Joseph]

Keep it and hang it on your own wall, maybe?

 

[BSA1]

Just remove the firing pin.

The Buy Back Program makes the most sense for these old guns.

 

[JohnKSa]

I think that the point being missed is that this is a LEGAL question. He wants to know what action he must undertake to render the revolver which is currently a firearm, by legal definition, into a decorative piece of steel that is no longer legally a firearm per state and federal law.

 

[Theohazard]

Last time I checked (I moved out of WA several months ago) WA has a different definition of “firearm” than the feds do. When I-594 — the 2014 universal background check law — was enacted, many legal experts read the law as including such things as flare guns and certain nail guns to be included in the state definition of “firearm”.

The OP needs to keep in mind that in order to properly modify this revolver so it’s no longer governed by WA intrastate firearm transfer laws he must abide by state law, not federal law.

I honestly have no idea what it would take to make WA no longer see this revolver as a firearm under state law. And all the people offering off-the-cuff legal advice for the OP with no actual knowledge of the applicable WA state laws aren’t helping at all.

 

[Jackal]

Last time I checked (I moved out of WA several months ago) WA has a different definition of “firearm” than the feds do. When I-594 — the 2014 universal background check law — was enacted, many legal experts read the law as including such things as flare guns and certain nail guns to be included in the state definition of “firearm”.

The OP needs to keep in mind that in order to properly modify this revolver so it’s no longer governed by WA intrastate firearm transfer laws he must abide by state law, not federal law.

I honestly have no idea what it would take to make WA no longer see this revolver as a firearm under state law. And all the people offering off-the-cuff legal advice for the OP with no actual knowledge of the applicable WA state laws aren’t helping at all.

The state has since changed and clarified the RCW: "(10) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used for construction purposes." WA state law would not affect the legal disabling of a firearm. Now, I just need to find a federally legal way to deactivate this old revolver so it can be used as a decoration without requiring FFL transfers.

 

[Theohazard]

Now, I just need to find a federally legal way to deactivate this old revolver so it can be used as a decoration without requiring FFL transfers.

Even though they apparently changed that part of the law that I mentioned, my point is still valid.

You're trying to comply with WA in-state private firearm transfer laws, right? So why would you be trying to comply with federal laws regarding the deactivation of the firearm? Since federal law doesn't regulate in-state private transfers between lawful individuals, you shouldn't be focusing on federal law here.

WA state law would not affect the legal disabling of a firearm.

Of course it would. You’re trying to comply with WA law regarding the transfer of a firearm, so you need to make sure you properly deactivate the firearm per state law so it doesn’t count as a firearm in the eyes of the state. Just because you might deactivate the revolver per federal law, that doesn't necessarily mean it would be considered deactivated by state law.

 

[JohnKSa]

Of course it would. You’re trying to comply with WA law regarding the transfer of a firearm, so you need to make sure you properly deactivate the firearm per state law so it doesn’t count as a firearm in the eyes of the state.

I agree. Both state and federal laws will have to be satisfied that the revolver is no longer legally a firearm. Otherwise, legally, it still must be treated as a firearm in all respects, including compliance with any laws regarding transfers, safe storage, etc.

 

[pintler]

Just a comment on the practicalities: getting a definitive answer might be difficult. I think I've read the entirety of WA firearm related laws and haven'tThe current WA AG has stated his office will not entertain questions clarifying 594. And the AG generally won't answer questions from private citizens; you'd have to get one of your state reps to ask for you. The point here being, I think any definitive answer is likely to cost more in your time than the transfer fee.

As far as federal law, the closest think I'm aware of are the DEWAT rules for NFA items (because, from a Federal perspective, what's the use of making a normal firearm a non-firearm?). Here are a couple of references:

https://www.atf.gov/file/58166/download
"Deactivated War Trophy (DEWAT) firearms are still firearms under the NFA, but have been rendered unserviceable (i.e., incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition). The deactivation may have been accomplished by various means such as (but not limited to) welding of the chamber, cutting the barrel/chamber/breech, plugging the barrel, welding the bolt to the chamber, or some combination of these actions which rendered the firearm incapable of firing a shot.

Again, this is NFA specific, but if I was contemplating what you desire that "are still firearms" part would give me pause.

https://nationalgunrights.org/resources/nfa-faq#DEW
"By definition a DEWAT is an unserviceable gun that has an intact receiver ... could be removed from the coverage of the NFA if it was rendered unserviceable by steel welding the breech closed, and steel welding the barrel to the frame. All this was to be done under the supervision of an ATT inspector."

"under the supervision" is another troubling phrase.

I would be nervous doing what you propose. Sure, a judge might tell the prosecutor 'feh, it was all welded up, that's not a functional gun, get out of my court', but the judge might also say 'well, I feel a bit silly doing this, but it's what the law says, guilty as charged'. And finding out which will happen seems likely to be a lot more trouble than the background check.

You might try a letter to the ATF, with a clear description of the welding you plan to do, asking if that will render it not-a-firearm. If they say definitively yes or no you're better off than you are now.

 

[Frank Ettin]

Posts 9, 10, and 11 are probably the best we’ll be able to come up with — at least without a case on point from a Washington State court of appeal. If someone has a citation to such a case, send me a PM and I’ll re-open the thread.