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clarification on concealed laws in WA state

Discussion in 'Legal & Political Archive' started by Gunnerboy, Aug 22, 2012.

  1. Gunnerboy

    Gunnerboy Cowlitz County Active Member

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    So i have a nice little take down 12ga pump that i have been keeping in a case under my truck seat, and then i started thinking in WA do long guns fall under the Concealed pistol section or not? also there is no legal definition of concealed in the Rcws....... so can i keep a concealed long gun with out a concealed pistol license or do i need the license to conceal a long gun also???
     
  2. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    Transportation of an unloaded firearm is legal in WA check the RCW here. also see RCW 9.41 I believe the more specific sections are 9.41.050 and 9.41.060
    per the RCWs it specifies that loaded PISTOLS are exempted in vehicles for those who have a concealed pistol license if on the person, if the person is in the vehicle, or if it is locked in the vehicle out of view.
     
  3. Gunnerboy

    Gunnerboy Cowlitz County Active Member

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    I have read all the RCWS and have used the 9.41 sub sections to get out of trouble before, and i also understand that pistols are the only firearm that can be loaded in a vehicle if you possess a CPL, but i just havent found anything to say that i CANT keep a long gun concealed with or without a license.
     
  4. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Isn't keeping a long gun loaded in WA covered under the game regulations?
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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  6. Gunnerboy

    Gunnerboy Cowlitz County Active Member

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    Hmm i thought i mentioned its not loaded just concealed.
     
  7. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    CC of loaded long guns was legal with a CPL until the 1990s when the ba$tards in Olympia forbid us peasants from such "dangerous" activities. You are still allowed by our masters to carry loaded magazines if they are not inserted into the evil long guns
     
  8. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    GUNNERBOY There are no laws restricting transportation of a long arm in a vehicle except that it can not be loaded. CPL laws have nothing to do with long arms. Before someone brings it up there may be exceptions for disabled hunters but that would not apply to most of us. Transport your unloaded long arm any way you want.
     
  9. Gunnerboy

    Gunnerboy Cowlitz County Active Member

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    Alright thank you all, i was just making sure i didnt misread or miss any sections that said i couldnt.
     
  10. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Sorry I misread your posts. As stated there is no law against unloaded carry of any firearm concealed or not.
     
  11. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    If you read the definitions at the beginning of each chapter you will have an easier time understanding the various laws. RCW 9.41 defines a firearm as anything that can expell a projectile by explosive force, and then also defines a pistol as a firearm with a barrel length of less than 16" and is designed to to be held in one hand. RCW 77 defines a firearm as a Shotgun or Rifle.
     
  12. AMProducts

    AMProducts Maple Valley, WA Jerk, Ammo Manufacturer Silver Supporter

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    From my reading of the laws posted here, and my basic understanding of wa state law, long guns are completely exempt from the regulations concerning CPLs. Therefore, the privileges you get with a CPL do not apply to long guns. Other than RCW 77.15.460 the law has absolutely nothing to say about open carry of long guns. However there is a body of case law that makes a "time, place, manner" judgement as to intent or "menacing" mentioned in RCW 9.41.

    The most applicable to long guns:

    In State v. Spencer, the court … upheld a conviction for RCW 9.41.270 when the person carried an AK-47 with the clip attached on the person’s shoulder at 10 p.m., while walking briskly through a residential area with his head down and avoiding eye contact.

    Now, that said. There is nothing that stops you from carrying an unloaded rifle or shotgun, or having shells in a saddle holster as hunters often do, under the law that does not qualify as loaded. However, if you had a 30rd ar mag in a buttstock pouch, that does seem to qualify as being loaded under the law.

    Secondarily, if you were in possession of a valid hunting permit, and were hunting in a manner that is legal for the species, it seems there is a grey area where you could have a loaded gun, provided you were not driving on a county maintained road, and that if you were going to take a shot you would have to stop and turn off the car.

    Oddly enough, the RCW 77 reg actually seems like "common sense" safety regulation, carrying a cocked and locked firearm loose in a car is not a good idea and could very easily hurt you or someone else.
     
  13. JVK

    JVK West Active Member

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    RCW 9.41.010: Terms defined.

    (10) "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.
     
  14. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    That is not true. See the link below yours. A pouch or even a Redi-mag is NOT locked in place in the firearm....... A loaded mag on the firearm is no different then single rounds on a "saddle".

    In OR the way their definition of "Loaded" is written your example would be considered loaded.
     
  15. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    IF ANY gun,is unloaded,then it can be anywhere in your car.It would do you better if it was concealed and not on either dash or just laying on the back seat. But it can lay on the back seat ,under the back seat,under the front seat,in the trunk...........
    as long as it isn't loaded.
    Unless you have a CPL and it is a handgun and you are going to or from a gun show,are a member of an arms collectors club,hunting ,fishing,camping,etc,etc,etc

    It's all in black and white,right there in the state laws
    And if it ain't ,it ain't illegal
     
  16. JVK

    JVK West Active Member

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    Just to be clear..

    RCW 9.41.050: Carrying firearms.

    (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.

    &

    (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.

    Here's my understanding: Yes you can have your pistol in plain view (on the dash, car seat whatever) - if you're in the vehicle. If you are not in the vehicle, the vehicle has to be locked & you cannot leave your (edit: pistol) in plain view, regardless of having a cpl.
     
  17. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Huh? We are talking about a long gun, not a pistol. CPL means Concealed Pistol License. RCW 9.41 concerns, almost exclusively pistols...RCW 9.41.050 Does concern pistols, exclusively...Is a rifle rack in the back window of you pickup legal? Yes, it is. Smart is downtown Seatlle, maybe not.
     
    Nwcid and (deleted member) like this.
  18. JVK

    JVK West Active Member

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    Thank you for that clarification hermannr, i will edit my prior post to highlight the word pistol
     
  19. JVK

    JVK West Active Member

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    Also:

    RCW 77.15.460: Loaded rifle or shotgun in vehicle

    (1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

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

    PuddleMonkey Vancouver, WA Well-Known Member

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