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Nothing contained in this section shall be construed as legal advice. All members and guests are advised to perform due diligence in regards to laws and legal actions.
Washington State FAQ's on Gun Carry
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52188
Real Name: Steve
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Just in joy wrote: thanks STB but that I do know already what I am trying to understand where is states someone can CC while fishing hunting ect... Justin, I think he gave you exactly what you're looking for. RCW 9.41.050 states, in part: Quote: (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. In other words, you need a CPL if you're not at home or in your business. Then RCW 9.41.060 states, in part: Quote: 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;
In other words, the requirement of 9.41.050 (that you need a CPL) does not apply if you are legally fishing or traveling to/from fishing. I am not a lawyer, of course . . . your interpretation may be different . . . but I think it's pretty clear.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Sat Aug 04, 2012 9:48 pm |
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Stevo151
Location: Snoho, WA Joined: Mon Oct 22, 2012 Posts: 145
Real Name: Stephen
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Quick question for people without a CPL...
I was wondering can I open carry in my car or in a car? If so, do I have to leave the mag out? Am I allowed to still have it holstered or does it need to be in a box or what? Sorry for the noob question. Just need to know for open carrying without a cpl in a car. But I'm going to be getting my cpl soon and for the time being ill be open carrying
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Sun Jul 14, 2013 4:10 pm |
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BadKarma
Site Moderator
Location: Duvall Joined: Tue Sep 13, 2011 Posts: 8674
Real Name: Jaime
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It can not be loaded. There is nothing else define besides "unloaded". EDIT: Cite. http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050Quote: (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. And Quote: (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.
Last edited by BadKarma on Sun Jul 14, 2013 6:49 pm, edited 2 times in total.
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Sun Jul 14, 2013 4:12 pm |
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Stevo151
Location: Snoho, WA Joined: Mon Oct 22, 2012 Posts: 145
Real Name: Stephen
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BadKarma wrote: It can not be loaded. There is nothing else define besides "unloaded". Thank you sir, that's good to know!
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Sun Jul 14, 2013 4:28 pm |
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DuckDodgers
Location: Skagit County Joined: Thu Jan 23, 2014 Posts: 49
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I have searched High and Low for an answer to carrying in a commercial vehicle ie; 18 wheeler. If I read the OP correctly if it is not illegal then it is legal. Here's what I understand, please correct me if I am wrong. The USDOT leaves it up to the State. The State (WA) RCW makes no mention of "Commercial" vehicles and considers the rig a vehicle just and any other vehicle. The WADOT takes the same position as the feds and the RCW, that being, if you are legal to cc then you can cc in a commercial rig. However, the bottom line is your employer, if they say no, then that is their right.
Do I have that right?
_________________"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." -Thomas Jefferson
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Tue Feb 04, 2014 1:59 pm |
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CurtisLemansky
Site Supporter
Location: Snohomish County Joined: Wed Jan 16, 2013 Posts: 2300
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DuckDodgers wrote: I have searched High and Low for an answer to carrying in a commercial vehicle ie; 18 wheeler. If I read the OP correctly if it is not illegal then it is legal. Here's what I understand, please correct me if I am wrong. The USDOT leaves it up to the State. The State (WA) RCW makes no mention of "Commercial" vehicles and considers the rig a vehicle just and any other vehicle. The WADOT takes the same position as the feds and the RCW, that being, if you are legal to cc then you can cc in a commercial rig. However, the bottom line is your employer, if they say no, then that is their right.
Do I have that right? If they own the rig I would assume so. Keep in mind that any loaded handgun in a vehicle, concealed or not, requires a CPL.
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Tue Feb 04, 2014 2:35 pm |
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DuckDodgers
Location: Skagit County Joined: Thu Jan 23, 2014 Posts: 49
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CurtisLemansky wrote: DuckDodgers wrote: I have searched High and Low for an answer to carrying in a commercial vehicle ie; 18 wheeler. If I read the OP correctly if it is not illegal then it is legal. Here's what I understand, please correct me if I am wrong. The USDOT leaves it up to the State. The State (WA) RCW makes no mention of "Commercial" vehicles and considers the rig a vehicle just and any other vehicle. The WADOT takes the same position as the feds and the RCW, that being, if you are legal to cc then you can cc in a commercial rig. However, the bottom line is your employer, if they say no, then that is their right.
Do I have that right? If they own the rig I would assume so. Keep in mind that any loaded handgun in a vehicle, concealed or not, requires a CPL. Yup the CPL is a no brainer. I was just wondering about any regs regarding Commercial rigs. The employer has the right to say no firearms in their rigs which makes sense. Thanks for the reply
_________________"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." -Thomas Jefferson
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Tue Feb 04, 2014 2:55 pm |
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Bill Starks
Site Supporter
Location: Kentucky Joined: Wed Mar 16, 2011 Posts: 1551
Real Name: M1Gunr
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DuckDodgers wrote: I have searched High and Low for an answer to carrying in a commercial vehicle ie; 18 wheeler. If I read the OP correctly if it is not illegal then it is legal. Here's what I understand, please correct me if I am wrong. The USDOT leaves it up to the State. The State (WA) RCW makes no mention of "Commercial" vehicles and considers the rig a vehicle just and any other vehicle. The WADOT takes the same position as the feds and the RCW, that being, if you are legal to cc then you can cc in a commercial rig. However, the bottom line is your employer, if they say no, then that is their right.
Do I have that right? Possession of Firearms in Commercial Motor Vehicles https://ntl.custhelp.com/app/answers/de ... RhbA%3D%3D
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Tue Feb 04, 2014 3:20 pm |
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA Joined: Sat Nov 10, 2012 Posts: 7254
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DuckDodgers wrote: The employer has the right to say no firearms in their rigs which makes sense. I think that's between the driver and the employer. The consequence of carrying against the owner's policy could be dismissal. But you're not going to have any issues with the police if you have a CPL, even if the owner says it isn't allowed.
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Tue Feb 04, 2014 4:14 pm |
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jaminj
Site Supporter
Location: Ravensdale, WA Joined: Tue Apr 19, 2011 Posts: 612
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What would you guys say about carrying in a non profit school connected to church? School is private with kidgeraden and preschool. I assume since it is considered school should still be no but wanted to hear other opinions
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Wed Feb 19, 2014 12:00 pm |
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Massivedesign
Site Admin
Location: Olympia, WA Joined: Fri Mar 11, 2011 Posts: 38326
Real Name: Dan
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jaminj wrote: What would you guys say about carrying in a non profit school connected to church? School is private with kidgeraden and preschool. I assume since it is considered school should still be no but wanted to hear other opinions That's a tough one... RCW 9.41.280 http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.280Quote: (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools: Since this private school doesn't provide grades 1+, are they an elementary school?
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Wed Feb 19, 2014 4:15 pm |
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA Joined: Sat Nov 10, 2012 Posts: 7254
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Massivedesign wrote: Since this private school doesn't provide grades 1+, are they an elementary school? Section 6 (in buildings) is a little broader than section 1 (on premises): Quote: (6) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building. Note if you have a CPL you can be on premises (but not in buildings per above) if you are picking up or dropping off a student.
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Wed Feb 19, 2014 4:54 pm |
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Brehmeyer
Site Supporter
Location: Lacey Joined: Fri Mar 14, 2014 Posts: 204
Real Name: Cody brehmeyer
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I know this may seem silly to ask but I was wondering. When someone decides to open carry are you allowed to have it loaded while you open carry or are you only allowed to have the mag in the gun and are only allowed to have it loaded if you have your cpl as well?
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Fri Aug 08, 2014 4:39 pm |
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root
Site Supporter
Location: Apple Country! Joined: Thu Apr 12, 2012 Posts: 4578
Real Name: J
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Brehmeyer wrote: I know this may seem silly to ask but I was wondering. When someone decides to open carry are you allowed to have it loaded while you open carry or are you only allowed to have the mag in the gun and are only allowed to have it loaded if you have your cpl as well? WA state does not make a distinction between the 2. Full mag unchambered is loaded. So you should always chamber up onve you are comfortable doing so. Guns make terrible clubs. Sent from my SM-N900V using Tapatalk
_________________ "Guns are dangerous." -Massivedesign
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Fri Aug 08, 2014 4:50 pm |
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H2obouget
Site Supporter
Location: Graham Joined: Sun Sep 4, 2011 Posts: 2222
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BadKarma wrote: It can not be loaded. There is nothing else define besides "unloaded". EDIT: Cite. http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050Quote: (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. And Quote: (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. Loaded is defined in 9.41.010 (12) "Loaded" means: (a) There is a cartridge in the chamber of the firearm; (b) Cartridges are in a clip that is locked in place in the firearm; (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; (d) There is a cartridge in the tube or magazine that is inserted in the action; or (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
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Fri Aug 08, 2014 4:55 pm |
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