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RCW 9.41.050 Wording

Sun Nov 12, 2017 9:55 pm

"(iii)the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle."
I read it as the vehicle is locked up, but a former MP is reading it as in a locked container in the vehicle.
Thoughts?

Re: RCW 9.41.050 Wording

Sun Nov 12, 2017 10:08 pm

Vehicle is locked. This has been dissected many time.

Re: RCW 9.41.050 Wording

Sun Nov 12, 2017 10:19 pm

Locked is locked.

RCW does not add the word container, though you and your friend do.

A container is smart, but not legally required, as rehashed per Benja's post....

Re: RCW 9.41.050 Wording

Thu Nov 16, 2017 10:57 pm

He was an MP, and the rules on post are different. When I showed him the RCW, he conceded.

Re: RCW 9.41.050 Wording

Sat Nov 18, 2017 8:21 am

What's really sad is that some of the least informed on "gun laws" are the people on the front lines of enforcing them (the police).

All too many go with what they THINK the law says or what they would like it to say. Supervisors and Prosecutors often set them straight.

A lot of Snohomish County Deputies used to hand at the old Sams Gun Store range in S. Everett. Had more than a few interesting discussions there about open carry and carry within a vehicle. There used to be a pamphlet that was given out when applying for a CPL on the counter. Pages were practically worn out when a gun owner would grab it, then read the actual law to one of the "you can't do that" Deputies.

Things have gotten better with recent court rulings along with some settlements reached after some over zealous LEO's arrested or unlawfully detained open carriers.

As for a locking container in a car, makes sense to me. When someone looses a firearm to a bike riding car prowler they'll start believing too.

I' working on a security anchor for the back of my Volt and my Truck already has one.

Re: RCW 9.41.050 Wording

Sat Nov 18, 2017 5:07 pm

Some years ago, a family friend was pulled over for speeding in Kitsap County. When asked by the officer if he had any weapons in the vehicle, he said "Yes, in the center console...here's my permit." The officer told him it was against the law for him to have the pistol anywhere but on his person. The family friend told him that wasn't true and asked to speak to his supervisor. The officer refused, arrested him, and impounded his car. He was later released without charges, but it was still a huge pain in the ass for him, and he never received any kind of apology from the arresting LEA. That's just wrong.

Re: RCW 9.41.050 Wording

Sat Nov 18, 2017 5:21 pm

Guns4Liberty wrote:Some years ago, a family friend was pulled over for speeding in Kitsap County. When asked by the officer if he had any weapons in the vehicle, he said "Yes, in the center console...here's my permit." The officer told him it was against the law for him to have the pistol anywhere but on his person. The family friend told him that wasn't true and asked to speak to his supervisor. The officer refused, arrested him, and impounded his car. He was later released without charges, but it was still a huge pain in the ass for him, and he never received any kind of apology from the arresting LEA. That's just wrong.


WHY would anyone answer that question and provide inculpatory evidence?
In WA window down 2", hand them license, registration, proof of insurance. Period.

You want to talk to somebody, see a friend, counselor or a bartender.

Re: RCW 9.41.050 Wording

Sat Nov 18, 2017 7:11 pm

Guntrader wrote:
Guns4Liberty wrote:Some years ago, a family friend was pulled over for speeding in Kitsap County. When asked by the officer if he had any weapons in the vehicle, he said "Yes, in the center console...here's my permit." The officer told him it was against the law for him to have the pistol anywhere but on his person. The family friend told him that wasn't true and asked to speak to his supervisor. The officer refused, arrested him, and impounded his car. He was later released without charges, but it was still a huge pain in the ass for him, and he never received any kind of apology from the arresting LEA. That's just wrong.


WHY would anyone answer that question and provide inculpatory evidence?
In WA window down 2", hand them license, registration, proof of insurance. Period.

You want to talk to somebody, see a friend, counselor or a bartender.

Inculpatory evidence? Having a loaded pistol in his vehicle was not illegal because he had a valid CPL. He answered a question truthfully, and the officer misapplied the law. There's nothing more to it.

Re: RCW 9.41.050 Wording

Sat Nov 18, 2017 11:34 pm

Somewhere on this forum someone mentioned they got pulled over in Yelm, and the LEO said he could't have a loaded gun in the car even with a CPL. Sheriff Snaza had to go out there, and "correct" the deputy.
As someone here stated the people in charge of enforcing the laws are less educated than us. We study, and discuss the RCW's thoroughly to ensure we don't run afoul of LE. Yet the LE's just go by their personal thoughts. How many LE's know there is an RCW that states you can CC while engaging in outdoor activities without a CPL?

Re: RCW 9.41.050 Wording

Tue Nov 21, 2017 7:01 pm

Guns4Liberty wrote:
Guntrader wrote:
Guns4Liberty wrote:Some years ago, a family friend was pulled over for speeding in Kitsap County. When asked by the officer if he had any weapons in the vehicle, he said "Yes, in the center console...here's my permit." The officer told him it was against the law for him to have the pistol anywhere but on his person. The family friend told him that wasn't true and asked to speak to his supervisor. The officer refused, arrested him, and impounded his car. He was later released without charges, but it was still a huge pain in the ass for him, and he never received any kind of apology from the arresting LEA. That's just wrong.


WHY would anyone answer that question and provide inculpatory evidence?
In WA window down 2", hand them license, registration, proof of insurance. Period.

You want to talk to somebody, see a friend, counselor or a bartender.

Inculpatory evidence? Having a loaded pistol in his vehicle was not illegal because he had a valid CPL. He answered a question truthfully, and the officer misapplied the law. There's nothing more to it.
The officer definitely misapplied the law, but I can see the stop atleast being drug out and the person detained "for officer safety". Better to keep your mouth shut (in this state atleast) and avoid the hassle all together.

Sent from my SM-N920T using Tapatalk

Re: RCW 9.41.050 Wording

Wed Nov 22, 2017 4:45 pm

Guntrader wrote:
Guns4Liberty wrote:Some years ago, a family friend was pulled over for speeding in Kitsap County. When asked by the officer if he had any weapons in the vehicle, he said "Yes, in the center console...here's my permit." The officer told him it was against the law for him to have the pistol anywhere but on his person. The family friend told him that wasn't true and asked to speak to his supervisor. The officer refused, arrested him, and impounded his car. He was later released without charges, but it was still a huge pain in the ass for him, and he never received any kind of apology from the arresting LEA. That's just wrong.


WHY would anyone answer that question and provide inculpatory evidence?
In WA window down 2", hand them license, registration, proof of insurance. Period.

You want to talk to somebody, see a friend, counselor or a bartender.

Someone I’m sure will correct me if I’m wrong, but if an officer directly asks you “is there any firearms or weapons” in the vehicle, pretty sure it’s against the law to tell him “no” if there is, even if you have a cpl and the gun is on you.

Re: RCW 9.41.050 Wording

Wed Nov 22, 2017 4:49 pm

In WA, not required to answer any questions, but lying could possibly be considered obstruction. Wasting the cops time.
WA is not a state that requires someone to notify LE if carrying.
https://app.leg.wa.gov/rcw/default.aspx?cite=9A.76.020

Typically applied against people using fake names or for saying "He went that way down the street!" when he really went back behind the house.
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