Can a friend carry your pistol while hiking?

WowReactsOnly · Feb 3, 2019

Hello all i have a question:

If i have a second pistol can my friend open carry that firearm while we are hiking? I understand the I-594 has some stipulations on transfer of firearms.

Alexx1401 · Feb 3, 2019

WowReactsOnly said:
Hello all i have a question:

If i have a second pistol can my friend open carry that firearm while we are hiking? I understand the I-594 has some stipulations on transfer of firearms.

Not a lawyer, and when you ask something about legal advice in a place like this you will normally get a lot of different opinions. As for me I would not want to do it unless it was immediate family. If you let someone carry your gun what happens if they use it? Do you trust them with your life to not do something you would not do? If out hiking who is going to stop you and find out it's not their gun? Unless they use it. Let the friend buy one if they can. If not remember just how much risk you are putting yourself in letting someone else carry a gun you own.

Certaindeaf · Feb 3, 2019

Most "friends" are a liability when it comes to gunplay. If your friend thought his life important enough to carry a firearm, he'd already be doing it.

Andy54Hawken · Feb 3, 2019

I'm not sure if you can do that legally or not...
Regardless , even if it is legal to do so... That does not mean whoever you come into contact with , will know and understand the law....and That might cause problems as well.
Andy

WowReactsOnly · Feb 3, 2019

Thank you for the responses.

IOM · Feb 3, 2019

Technically by the current law, he cannot carry another's firearm...

On that same note you can legally conceal carry when out hunting or hiking...

But the firearm "MUST" be owned by the one carrying either concealed or open...

As per I-594

WowReactsOnly · Feb 3, 2019

I do also agree with the liability sentiment however the individual in question is a pro 2A army vet who just moved here recently and i was pondering hypotheticals. For now ill just CC my piece as im licensed to do so.

WowReactsOnly · Feb 3, 2019

IOM said:
Technically by the current law, he cannot carry another's firearm...

On that same note you can legally conceal carry when out hunting or hiking...

But the firearm "MUST" be owned by the one carrying either concealed or open...

As per I-594

Thank you this is the type if answer i was looking for. Im pushing him to save up his money and get his WA CC and a pistol. Ideally get it now because if the new training requirememt passes we don't fully know if military vets will be waived lile say FL does for its license.

Koda · Feb 3, 2019

I'm so glad the bad guys are following these laws too. This way your friend doesn't need to worry about needing a gun since he cant borrow one anyways neither can the bad guy.

The Heretic · Feb 3, 2019

I think in states where they have strict background check/transfer laws, e.g., Orygun, WA, CA, the safest answer is no unless you can find an explicit exemption in the cited law.

Google is your friend:

State of Oregon: Laws and rules - Laws and rules
Oregon Law - FindLaw
OregonLaws.org - open legal research - Oregon revised statutes and laws

WowReactsOnly · Feb 3, 2019

The Heretic said:
I think in states where they have strict background check/transfer laws, e.g., Orygun, WA, CA, the safest answer is no unless you can find an explicit exemption in the cited law.

Google is your friend:

State of Oregon: Laws and rules - Laws and rules
Oregon Law - FindLaw
OregonLaws.org - open legal research - Oregon revised statutes and laws

You are also my friend rorschach

Howard1955 · Feb 4, 2019

WowReactsOnly said:
Hello all i have a question:

If i have a second pistol can my friend open carry that firearm while we are hiking? I understand the I-594 has some stipulations on transfer of firearms.

Governor Katie might not like it, but it's okay with me.

She might be okay with the notion of your friend carrying a whole policeman - but you'll probably have to pay her a fee.

Seriously though, I'm guessing that our over-reaching, 2A-infringing government would say "No".

Nick Burkhardt · Feb 4, 2019

If I am in hostile territory (Downtown Portland, Seattle or Spokane) with my adult son who is still under 21, I will carry on my persons a back-up gun that he has trained on in case SHTF.

arakboss · Feb 14, 2019

WowReactsOnly said:
Hello all i have a question:

If i have a second pistol can my friend open carry that firearm while we are hiking? I understand the I-594 has some stipulations on transfer of firearms.

I don't know about the legality but I would have friend walk in front.

awshoot · Feb 14, 2019

Here is the statute for WA, RCW 9.41.113: RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions. (<i>Effective until July 1, 2019.</i>)

While not a sale, it is a "transfer", defined here, RCW 9.41.010: RCW 9.41.010: Terms defined. (<i>Effective until July 1, 2019.</i>)

(28) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans. "Transfer" does not include ... [businesses that rent guns].

In order to transfer, you would have to meet one of the exceptions in RCW 9.41.113 most of which don't apply to you. (4)(g)(v) MIGHT apply, but it seems risky to trust WA with any sort of reasonable firearm transfer interpretation. For example, if you are 25' feet away from each other on the trail, are you in his presence? What about 50'? None of that is defined and what you think is reasonable, police, judges, juries might not. Here's the penalties: RCW 9.41.115: Penalties—Violations of RCW 9.41.113.

RCW 9.41.113 [can't transfer without going through FFL]
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;
(b) The sale or transfer of an antique firearm;
...
(g) The temporary transfer of a firearm

...
(v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or
(vi) 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;