when carrying a gun

[preacherman]

BTW T.J. those RCWs completely contract themselves, I feel bad for the officers that have to make those judgement calls.

 

[84Toyota4x4]

Chop Shop, I am not sure where you are at with this? Yes, you can have a shotgun or rifle in your gunrack, they just cannot be loaded. Besides, those are long guns, and CWP doesn't cover those.
What I was refering to is the fact that this is an open carry state. Meaning that you could strap your old sixgun to your hip and walk down the street legally (CWP or no). But you, wearing that sixgun, get into your car and now you are concealing a weapon, and will need a CWP to be legal.

There isn't a license that I am aware that will allow the loaded long gun?

Unless you are participating in any event outlined in RCW 9.41.060 :haha:


~T.J.

 

[Ty.]

So, if I got this right a person without a CWP can carry his gun in his glovebox, as long as it, and the magazines are empty.... Can he leave it on the seat next to him empty??

Also, isn't it true that a person without a CWP can carry concealed as long as the gun is empty?

 

[preacherman]

I don't know on that one? Why would you want an empty gun though? That is kinda like eating a hamburger without the burger!

 

[Ty.]

I don't know on that one? Why would you want an empty gun though? That is kinda like eating a hamburger without the burger!

I wouldn't. Just stating what I think the law is.

Also, I know you are not supposed to bring a gun into a tavern, but I always thought you could bring in your mags. I know when I used to drink, if I left my gun in my truck I would always take my magazines in with me.

 

[Binder]

So, if I got this right a person without a CWP can carry his gun in his glovebox, as long as it, and the magazines are empty.... Can he leave it on the seat next to him empty??

Also, isn't it true that a person without a CWP can carry concealed as long as the gun is empty?

No and no. You have to have a CPL to carry a pistol in a glove box and it has to be unloaded. Anyone can leave it on a seat unloaded as long as they're in the car. You have to have a CPL to conceal a pistol loaded or unloaded.

 

[WyleCoyote]

As for the "outdoor Activity Section" Last year I specifically spoke with a game cop about that. I usually pack my 44mag while out hunting, and I wanted to know if I could keep it loaded while driving around on my quad and or in the truck. He told me that as long as you are actively hunting, during a legal hunting season, with the appropriate license and tag, you can carry a loaded pistol in your truck, on your quad, etc. This was great to hear, because my 44mag is a single action, and is a ***** to load unload!

I also asked about the "loaded Magazine" for a long gun, and was told that as long as the magazine is detached from the rifle, and you don't have one in the pipe, it is considered unloaded. I got checked several times that season by different game cops, and had my pistol loaded, and rifle mag loaded by in my pocket, and never had a problem. They didn't even ask about the pistol.

 

[Binder]

He told me that as long as you are actively hunting, during a legal hunting season, with the appropriate license and tag, you can carry a loaded pistol in your truck, on your quad, etc.

This may be what he lets people get away with but it's not legal. You can't even carry a loaded hunting rifle in your truck during hunting season with a hunting lisence so why could you carry a loaded pistol without a CPL?

I also asked about the "loaded Magazine" for a long gun, and was told that as long as the magazine is detached from the rifle, and you don't have one in the pipe, it is considered unloaded.

This is correct.

 

[TreeClimber]

I've deleted the misc b.s., just left the appropiate stuff

This may be what he lets people get away with but it's not legal. You can't even carry a loaded hunting rifle in your truck during hunting season with a hunting lisence so why could you carry a loaded pistol without a CPL?

RCW 9.41.050

</B>(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

RCW 9.41.060

The provisions of RCW 9.41.050 shall not apply to:

(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

 

[TreeClimber]

To conclude:

It's unlawful to have a loaded firearm unless you have a Conceled Permit, unless you are (big list) participating in outdoor activities, with appropiate outdoor activity lic.

Ergo: Binder's wrong. It is legal. But don't let your ego get ahead of yourself. You may find it's difficult to provide proof you're 'appropiately participating', unless it's during hunting season, and you got a lic.

 

[WyleCoyote]

To conclude:

It's unlawful to have a loaded firearm unless you have a Conceled Permit, unless you are (big list) participating in outdoor activities, with appropiate outdoor activity lic.

Ergo: Binder's wrong. It is legal. But don't let your ego get ahead of yourself. You may find it's difficult to provide proof you're 'appropiately participating', unless it's during hunting season, and you got a lic.

Exactly, and plus, I didn't say "concealed", I was openly carrying my pistol. And Binder, I think I will take the word of several commisioned DFW Officers over yours. I spoke to one, and had it confirmed by several others in the week I was elk hunting.

 

[stjjames]

I hand my CHP over with my License.
Never had a problem.

 

[Binder]

RCW 9.41.050

</B>(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

RCW 9.41.060

The provisions of RCW 9.41.050 shall not apply to:

(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

To conclude:

It's unlawful to have a loaded firearm unless you have a Conceled Permit, unless you are (big list) participating in outdoor activities, with appropiate outdoor activity lic.

Ergo: Binder's wrong. It is legal............

Binder, I think I will take the word of several commisioned DFW Officers over yours. I spoke to one, and had it confirmed by several others in the week I was elk hunting.

And you are both wrong because carrying a loaded pistol in a vehicle is covered under RCW 77.15.460 not the RCW Treeclimber posted. There are exclusions to RCW 77.15.460 but hunting is not one of them.
You can believe what you want but you will be pissed when a LEO who knows the law fines you and takes your pistol. You will not get it back.:;

:edit: to clarify we are talking about carrying loaded in a car without a CPL :edit:

 

[preacherman]

And binder look at the RCWs, stupid as it is, a loaded mag is a loaded gun.

 

[Binder]

And binder look at the RCWs, stupid as it is, a loaded mag is a loaded gun.

I did as I have them printed out in front of me.
RCW 77.15.460 says " for the purpose of this section a firearm shall not be concidered loaded if the detatchable clip or magazine is not inserted in or attached to the firearm."
:;
You have to look at each specific law as the verbage of one may not cover the other. A loaded clip may be a loaded gun in another law.

 

[preacherman]

RCW 77.15.460 also states:

"A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

(b) The rifle or shotgun contains shells or cartridges in the magazine:rolleyes: or chamber, or is a muzzle-loading firearm that is loaded and capped or primed."

 

[TreeClimber]

And you are both wrong because carrying a loaded pistol in a vehicle is covered under RCW 77.15.460 not the RCW Treeclimber posted. There are exclusions to RCW 77.15.460 but hunting is not one of them.
You can believe what you want but you will be pissed when a LEO who knows the law fines you and takes your pistol. You will not get it back.:;

Section 77.15.460 pertains to rifles and shotguns. It is part of the Fish & Wildlife enforcement code. It's intent is to prevent injuries from hunters carrying loaded firearms while hunting. My father has 40 plus years as a Wa St. Hunters Safety Instructor. Loaded longguns in trucks is still a common cause of injuries and deaths.

The sections I quoted pertain to pistols, primarily, and are pertainent to self defense & the right to carry arms.

 

[Binder]

RCW 77.15.460 also states:

"A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

(b) The rifle or shotgun contains shells or cartridges in the magazine:rolleyes: or chamber, or is a muzzle-loading firearm that is loaded and capped or primed."

I don't understand what your point is. What you quoted is a non removable magazine and what I quoted is a removable magazine. None of which contradicts what I've said.

 

[Binder]

Section 77.15.460 pertains to rifles and shotguns. It is part of the Fish & Wildlife enforcement code. It's intent is to prevent injuries from hunters carrying loaded firearms while hunting. My father has 40 plus years as a Wa St. Hunters Safety Instructor. Loaded longguns in trucks is still a common cause of injuries and deaths.

The sections I quoted pertain to pistols, primarily, and are pertainent to self defense & the right to carry arms.

I don't agree. RCW 77.15.460 pertains to what it says which is loaded firearms in a vehicle. This applies to all firearms.

 

[TreeClimber]

I don't agree. RCW 77.15.460 pertains to what it says which is loaded firearms in a vehicle. This applies to all firearms.

And that's why there are lawyers and courts. Two different opinions on how to read the law (that polititians wrote)

<TABLE style="PADDING-RIGHT: 5px" border=0 cellSpacing=0 cellPadding=0 width="100%"><TBODY><TR><TD vAlign=bottom>RCW 77.15.460

Loaded firearm in vehicle

 

[TreeClimber]

The way I read it, section 1 only pertains to shotguns and rifles, as both subsection A & B specifically reference those two long-guns.

Section 2 simply says you cannot shoot across a road.

Section 3 simply says it's a misdemeanor (minor offense)

Section 4 simply says it doesn't apply, if you're a cop or disabled

Section 5 simply says if it's unloaded, it's not loaded

Now I realized I've simplified this, but nowhere does it reference pistols. The only reference to having a loaded weapon in the vehicle is *specifically* reference long-guns.

I feel comfortable with my opinion. But then again, opinions are like assh..

 

[Binder]

And that's why there are lawyers and courts. Two different opinions on how to read the law (that polititians wrote)

I agree with this.:awesomework: and no it doesn't say pistols and it doesn't say rifles, it says firearms.:;

:edit: I think you're right on this as pistols are covered in RCW 9.41.050 :edit:

 

[Jaydog]

I think you guys are mixing up the RCW's some pertain to hunting and some pertain to normal life, another law, which IMO is dumb, you can't carry a handgun while bow hunting, even if you have a CWP.

Also, you can have a loaded handgun in the glovebox or center console box if you have a CPL, I know this firsthand, as that is where I keep it when driving and have been checked multiple times. I have both the Washington and the Utah CPL and can carry in 31 states :redneck:

 

[Binder]

Also, you can have a loaded handgun in the glovebox or center console box if you have a CPL,

Absolutely, positively not true.

 

[whatthe?]

I think you guys are mixing up the RCW's some pertain to hunting and some pertain to normal life, another law, which IMO is dumb, you can't carry a handgun while bow hunting, even if you have a CWP.

:

Thats been changed recently, you can carry a pistol now while bow hunting.

 

[Jaydog]

Absolutely, positively not true.

Unless it's been changed in the last 6 months, I've never had a problem with it, ever.

Thats been changed recently, you can carry a pistol now while bow hunting.

Sweet, now I'm legal :redneck:

 

[Poohbair]

Also, you can have a loaded handgun in the glovebox or center console box if you have a CPL, I know this firsthand, as that is where I keep it when driving and have been checked multiple times. I have both the Washington and the Utah CPL and can carry in 31 states :redneck:

I have been told this is a gray area.... and depends on the officer that pulls you over. I would like to see the RCW that pertains to if this is ACTUALLY legal or not...

 

[CHOP SHOP]

The rules I stated earlier are in the WA arms rules and regs booklet.

Ya dont even need an internet to read good ol paper. Get the book and stop listening to "ya should be goods" from amatures.

 

[Binder]

I have been told this is a gray area.... and depends on the officer that pulls you over. I would like to see the RCW that pertains to if this is ACTUALLY legal or not...

Here ya go. No gray, read the red.

RCW 9.41.050
Carrying firearms.

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.

(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.

(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

 

[ZedMikey]

You aren't reading the whole line there, Binder.

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

The person must have a CPL AND either i, ii, or iii. You can have a loaded pistol in your glovebox as long as you have a CPL and are either in the car or the car is locked. You can have a loaded pistol sitting on your dashboard as long as you have a CPL and are in the car with it.