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Cross state legality questions

Discussion in 'Legal & Political Archive' started by wizang, Mar 21, 2011.

  1. wizang

    wizang Portland, Oregon Member

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    Hey I have a question I can't seem to find the answer to... I live in Portland and haven't found any good outdoor places to go shooting around winter time, as I don't have a vehicle that can handle much snow. I found reference on this site to a nice shooting place up in Washington thats within driving distance from me. Is it legal to take my rifles and or handguns across the border to go shooting? Any input appreciated.. thanks!
     
  2. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Yes it is legal. WA does have a law against loaded guns in the vehicle without a CCL so make sure the chambers are empty. I suggest keeping them in a case in the trunk just to save some headache but the law only specifies that it cannot be loaded.

    It is also very simple to get a non-resident CCL. Might be worth your effort.
     
  3. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Here are the RCW's for reference:
    RCW 9.41.010
    Terms defined.

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
    (7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

    (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.

    RCW 9.41.050
    Carrying firearms. (keywords here are loaded)

    (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.

    (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.

    RCW 9.41.060
    Exceptions to restrictions on carrying firearms.

    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;

    (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

    RCW 77.15.460
    Loaded firearm in vehicle — Unlawful use or possession — Penalty.

    (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:
    (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and
    (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.
    (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.
    (3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.
    (4) This section does not apply if the person:
    (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;
    (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.
    (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.

    Yes, I have way too much time on my hands
     
  4. DinhRose

    DinhRose Austin, Texas (Ex-Pat of SE PDX) Active Member

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    I live in portland and I go to the range in WA all the time. Just be safe and practical about it. Leave your gun/rifle in the back and keep the clips in the glove box. It's just a simple thing to remember and I am sure other people do it differently.
     
  5. Fumes

    Fumes Wa. Active Member

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    I suppose it would also depend on what type of weapons you wanted to bring across the river. No SBS/SBR ,MG or supressors.
     
  6. joeroket

    joeroket Everett,Wa. Active Member

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    Just to point out there is no requirement to have the loaded magazines in a separate area of the vehicle. The only requirement is that the chamber is empty and the magazine is not in the pistol. There are all sorts of ways people transport firearms in Wa. without a CPL and as long as the firearms are unloaded none are incorrect, that is unless you have it concealed on your person.
     
  7. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Silencer/suppressors are 100% legal to bring into WA and you don't even have to notify the ATF. For interstate movement of SBR/SBS/MG/DD you have to get ATF approval prior to the moment.

    Using Silencers is a Gross Misdemeanor in WA based on a poorly written law.
     
  8. pokerace

    pokerace Newberg Well-Known Member

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  9. Fumes

    Fumes Wa. Active Member

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    Well he was talking about "shooting" over here and no one had brought up types of firearms or NFA stuff.
     
  10. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    No rounds in a revolver and empty chamber and no magazine in a rifle or shotgun tube or chamber,just to cover all the bases,I think.
    But yeah,we went over the ammo in the same compartment a month ago.I always thought it needed to be separated.

    Concealed Weapons
    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41
     
    Last edited: Mar 21, 2011
  11. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    ^ THIS^
     
  12. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    No, but loaded magazines cannot be inserted. You can carry your "assault bag" with AR15 and loaded mags on the back seat or in the trunk, etc.. just not inserted in the gun, and the chamber must be empty

    It's a violation of the 2nd Amendment of course.. but obey it for now until we can fix it
     
  13. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    I tend to avoid keeping mags / ammo in the glove box just in case you are pulled over. You never know if you are going to be pulled over and catch the interest of the officer. Not nearly as likely to happen here as in CA where a friend was pulled over and had a G3 mag in the glove box - spent an hour debating with the cop about searching his car for officer safety.

    Just my $0.02
     
  14. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    It's perfectly legal and WA State is NOT Cali (thank God) Cali is a police state, here it is perfectly legal. It's like a different nation
     
  15. joeroket

    joeroket Everett,Wa. Active Member

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    I have never understand their mentality on a search for "officer safety" of a vehicle. It's not legal now and never will be. Some think it is the same as a terry search for weapons.
     
  16. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    So is the officer safer when he has his head buried in the truck? One hand under the seat where there may be a big,sharp hunting knife?
    How many times have we seen videos of the guys waiting till the cop was looking in the trunk to attack?

    Anyway,I read in an article years ago about even at home you shouldn't keep gun paraphernalia with in site of anybody.It's none of their business and then they can't ask stupid questions
    And you can go about your day.
     
  17. ak56

    ak56 Carnation, Wa Active Member

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    But then again, it's my house and I'll keep what I want where I want it. And you are right, it's none of their business.
     
  18. joeroket

    joeroket Everett,Wa. Active Member

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    Exactly my point. If they are concerned about safety then they will control every aspect of the stop up to and including the movement of the subjects.

    I couldn't agree more, except for the home portion. I never transport a weapon in the open unless it is on my hip. When I am at home I get to control who enters my premises and I certainly am not letting anyone I don't know in, even if they are in a uniform.
     
  19. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    The author's idea was don't set up the cleaning table or reloading table in the living room in case someone drops by.
    He was speaking of a "fishing" scenario.
     
  20. joeroket

    joeroket Everett,Wa. Active Member

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    Well I guess I do it differently than the audience that the author intended. My blinds are drawn and if someone knocks I look first. If it is an officer the door comes open just enough for me to step outside and it closes behind me.