How long does a temporary transfer of a firearm last and at what point, if any, does the firearm change ownership if the borrower retains possession of the firearm?
There are different types of “temporary transfers”. It is recommended all firearm owners review RCW 9.41.113 in its entirety, as any deviation from the contents therein could result in felony prosecution.
Here are the highlights:
No person shall sell or transfer a firearm unless:
• The person is a licensed dealer;
• The purchaser or transferee is a licensed dealer; or
• The sale or transfer is processed by a licensed dealer, meeting all required transfer requirements.
The above requirements do not apply to:
• A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;
• The sale or transfer of an antique firearm;
• A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
o The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
o The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
• Temporary transfer to a federally licensed gunsmith for the sole purpose of service or repair;
• The temporary transfer of a firearm
o between spouses or domestic partners;
o if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
o if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
o to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms;
o while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred, has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law; or

• A person who acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm; or acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.
To answer your question more directly, it would depend upon the date the firearm was transferred. From a criminal standpoint, ownership would not be influenced by a post I-594 transfer, because it would constitute a felony violation to still possess the firearm, with the owner absent, beyond the immediate instances listed above.
If the transfer occurred prior to I-594, it could be interpreted as a civil issue. However, it could also be interpreted as whoever now has physical possession of the firearm (post I-594) is the owner, and returning the firearm to its previous owner could constitute an illegal transfer if not conducted at a licensed dealer, subject to all required background checks. No case law could be located indicating a court decision on this topic.
Transfer of firearms

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24. How long does a temporary transfer of a firearm last and at what point, if any, does the firearm change ownership if the borrower retains possession of the firearm?
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