Clarification on carrying loaded guns in cars in OR and WA if you have a CPL/CHL

etrain16 · Aug 2, 2013

I have concealed carry permits in both Oregon and Washington. I'm still a bit unclear on the requirements when carrying a loaded gun in a car in these two states. Typically, I have just kept it in my holster, but someone told me that may not be okay. Can anyone help shine some light on this? I've read the laws, but like many things written by government entities, it's not completely clear in my mind. If you are not allowed to remain holstered, then what is the requirement? Out of site? Glove compartment? Locked up? Unloaded?

Thanks in advance for your help!

glockguy · Aug 2, 2013

Why else would you have your Concealed permit? you can carry your gun on you anywhere you want except for the places that have laws against it such as the post office, and a few other places im sure people will mention. But your 100% ok to carry your loaded gun on you while traveling between these two states

not nipsy · Aug 2, 2013

RCW 9.41.050:
(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.

So. In Washington state if you're in a car you're allowed to have the loaded pistol on your person (just like outside the vehicle). You can also have it anywhere within the vehicle, locked or unlocked as long as you're also in the vehicle. Finally, it must be locked and concealed from view if you are not within the vehicle.

I keep mine in my holster. If I'm going somewhere I can't carry, I either lock it in the box under my seat, or the glovebox.

etrain16 · Aug 2, 2013

glockguy said:
Why else would you have your Concealed permit? you can carry your gun on you anywhere you want except for the places that have laws against it such as the post office, and a few other places im sure people will mention. But your 100% ok to carry your loaded gun on you while traveling between these two states

That's why I'm asking the question. It SHOULD be as simple as carrying the gun holstered in your car. But I've heard from more than one person that there are some jurisdictions that require the gun to be somewhere other than on your person if you're in your car and even if you have a CHL. Of course, within any state, local jurisdictions can make their own rules (within limits of course), so I'm just asking to make sure I understand the laws correctly. Thanks.

EOD · Aug 3, 2013

etrain16 said:
Of course, within any state, local jurisdictions can make their own rules (within limits of course), so I'm just asking to make sure I understand the laws correctly. Thanks.

Not in Washington. State preemption reigns. No local laws regarding possession or carry of firearms that run counter to state laws.

OFADAN · Aug 3, 2013

etrain16 said:
That's why I'm asking the question. It SHOULD be as simple as carrying the gun holstered in your car. But I've heard from more than one person that there are some jurisdictions that require the gun to be somewhere other than on your person if you're in your car and even if you have a CHL. Of course, within any state, local jurisdictions can make their own rules (within limits of course), so I'm just asking to make sure I understand the laws correctly. Thanks.

If you have a Concealed Handgun License in Oregon then this presupposes you attended a class prior to application...and if you attended a class didn't they go over the carry laws in Oregon in detail including providing you with a handout and answering your questions about where you can carry/not carry/how to carry? I'm just curious. Shoot me an email or call our office if I can be of any help. Dan

etrain16 · Aug 3, 2013

OFADAN said:
If you have a Concealed Handgun License in Oregon then this presupposes you attended a class prior to application...and if you attended a class didn't they go over the carry laws in Oregon in detail including providing you with a handout and answering your questions about where you can carry/not carry/how to carry? I'm just curious. Shoot me an email or call our office if I can be of any help. Dan

Yes, I did attend a class for my CHL in Oregon, but that was 20 years ago. Laws do change over time. Again, my question stems from a couple of folks that gave me contradictory information. I did go back to the state laws myself, but couldn't find any confirmation of what they told me. So, I thought I'd run it up the flagpole here, I figured there would be some folks that could help me confirm this.

I appreciate your response as well as the responses from others, it's nice to have everyone take the time to weigh in on this topic.

etrain16 · Aug 3, 2013

not nipsy said:
RCW 9.41.050:
(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.

So. In Washington state if you're in a car you're allowed to have the loaded pistol on your person (just like outside the vehicle). You can also have it anywhere within the vehicle, locked or unlocked as long as you're also in the vehicle. Finally, it must be locked and concealed from view if you are not within the vehicle.

I keep mine in my holster. If I'm going somewhere I can't carry, I either lock it in the box under my seat, or the glovebox.

Thanks for the detailed response not nipsy! I really appreciate it.

etrain16 · Aug 3, 2013

EOD said:
Not in Washington. State preemption reigns. No local laws regarding possession or carry of firearms that run counter to state laws.

In Oregon, the same applies, but if you look at laws that took effect earlier this year in Multnomah county, they can be pretty darn clever in working around the state laws in order to tighten the grip on gun ownership. Obviously having a CHL is the best defense against their attempts to restrain our rights. For those that don't have a CHL, the new MultCo laws could really get them in trouble if they're not aware of their restrictions.

Frito · Aug 3, 2013

One of the mottoes of my life: People are idiots. This goes for many gun owners and cops. I don't trust anyone to tell me the truth on legal issues. You need to read all the laws yourself. You need to read them very carefully because it it very difficult to parse the legalese into English. I agree that it is tiring trying to keep up with state and local ordinances. Thank God for state preemption. There are many car-related local gun laws. Having the CHL preempts those. I used to carry in a special bag, but doffing it in the car did have its own set of worries besides legal. I now only carry on-body. Kevin Starrett of OFF releases his Underdstanding Oregon Gun Laws book every couple years. It might be worth a perusal. Also, don't keep loaded mags in your car or your wife's purse unless she also has a CHL. That is one of the new changes in Multnomah County.

etrain16 · Aug 3, 2013

Frito said:
One of the mottoes of my life: People are idiots. This goes for many gun owners and cops. I don't trust anyone to tell me the truth on legal issues. You need to read all the laws yourself. You need to read them very carefully because it it very difficult to parse the legalese into English. I agree that it is tiring trying to keep up with state and local ordinances. Thank God for state preemption. There are many car-related local gun laws. Having the CHL preempts those. I used to carry in a special bag, but doffing it in the car did have its own set of worries besides legal. I now only carry on-body. Kevin Starrett of OFF releases his Underdstanding Oregon Gun Laws book every couple years. It might be worth a perusal. Also, don't keep loaded mags in your car or your wife's purse unless she also has a CHL. That is one of the new changes in Multnomah County.

Totally agree, which is why I'm trying to do my research. Thanks to lawyers and politicians that write these things, they always manage to leave room for questions. What should be clear and simple to understand always includes little exceptions and clarifications that make room, in some cases, for interpretation. It's not unique to gun laws, I'm an electrician and trying to keep on top of electrical code changes, as well as understanding the ability to have a variety of interpretations of the code lead me to seek input from multiple sources to help figure it all out. It would be much easier if they would simply state, in plain english, you can do this, you can't do that. I've read the laws for Oregon and Multnomah County (where I spend my working day) and I've read some of the Washington laws as well (where I only spend a little time). It can be hard to keep up with all the laws that are written since you're not always informed when something changes, making it your responsibility to keep up with the changes. I've been to the OFF site before, I think I need to get that book you mentioned. Thanks for the heads-up.

ATCclears · Aug 5, 2013

I have a CPL in WA State. Last Fall I was headed to the range with a buddy, he was speeding a bit, and he got pulled over. We both immediately gave the State Patrol officer our ID's and CPL's since we were both carrying concealed pistols. It was not a problem.

Peter

etrain16 · Aug 5, 2013

ATCclears said:
I have a CPL in WA State. Last Fall I was headed to the range with a buddy, he was speeding a bit, and he got pulled over. We both immediately gave the State Patrol officer our ID's and CPL's since we were both carrying concealed pistols. It was not a problem.

Peter

Good to know, I appreciate the real-world experience. From that and others that have taken the time to respond, I'm comfortable now knowing that as long as I have my CHL/CPL on me, I'm just fine in either state.

Thanks again.