Oregon Driving through Washington under new laws

[Soccerjones]

My understanding is I can not drive from Oregon into Washington with an 11 round magazine even if I am just passing through into northern Idaho. Is that correct?

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[Stomper]

My understanding is I can not drive from Oregon into Washington with an 11 round magazine even if I am just passing through into northern Idaho. Is that correct?

View attachment 2063405

The short narration: You have a constitutional right to free interstate travel.... if you are traveling through a "hostile state", you are allowed by Federal law (and the Constitution) to interstate travel. In short: you have to have said items locked away and not "readily accessible", stay on the main highways needed for your route, you're only protected to stop for fuel and maybe a short "rest break" along the required route.

In practical terms:
Don't drive like an idiot, keep your car tags, driver license, and insurance current and 99.9% of the time you won't have any issues.

 

[ilikegunspdx]

My understanding is I can not drive from Oregon into Washington with an 11 round magazine even if I am just passing through into northern Idaho. Is that correct?

View attachment 2063405

Opinions differ. IMO the text of the law is very clear. If you bring out of state into the state you are importing. The exception is moving the same mags from inside wa to out of state then back again.

Wa gun law views this as it's legal to move from out of state into the state, use at a range in WA, and back out again. But that's not what the law says. There is no exception for that.

As with any lawyer he is sometimes wrong and sometimes right on things. But he is very confident sounding when he says it so people believe him. For example he says you cannot put title 1 firearms into a trust. That is wrong and many have done it in WA and OR and further have been approved by atf which cannot violate state law. He also recently said magazines >10 rounds are already banned in OR, which is wrong.


Anyone who had the mags in WA prior to the law passing is golden as far as possession. So for example if you stopped at a friends house in WA and picked up the mags you would be ok to bring out of state and back into WA state. Silly, silly, unconstitutional law and ideally people will treat it with the amount of respect it deserves, and be smart about it.

 

[Soccerjones]

The short narration: You have a constitutional right to free interstate travel.... if you are traveling through a "hostile state", you are allowed by Federal law (and the Constitution) to interstate travel. In short: you have to have said items locked away and not "readily accessible", stay on the main highways needed for your route, you're only protected to stop for fuel and maybe a short "rest break" along the required route.

In practical terms:
Don't drive like an idiot, keep your car tags, driver license, and insurance current and 99.9% of the time you won't have any issues.

While I understand this is true elsewhere - most states, Washington says it is not true there. In fact, the very first part of the law state that this law preempts all other laws.

Now the problem is not my understanding of the US Constitution but theirs. They may not legally have the authority but will I have to fight it in court?

I guess my question should have been, if I attempt to pass through Washington with my 11 round magazine, will I have to fight them in court should I get pulled over?

I'm curious, is this what is going on with Aero Precision? This law says you can't manufacture or import 11 round magazines (and other stuff) in Washington either.

 

[ilikegunspdx]

While I understand this is true elsewhere - most states, Washington says it is not true there. In fact, the very first part of the law state that this law preempts all other laws.

Now the problem is not my understanding of the US Constitution but theirs. They may not legally have the authority but will I have to fight it in court?

Correct

I guess my question should have been, if I attempt to pass through Washington with my 11 round magazine, will I have to fight them in court should I get pulled over?

See my comment above about mags that were in wa prior to the law are legal (for example if you had your mags at a friends house or your own storage container etc in Wa prior to the law it would be legal cuz you aren't importing anything). Be smart about it. All imo

I'm curious, is this what is going on with Aero Precision? This law says you can't manufacture or import 11 round magazines (and other stuff) in Washington either.

Yes

 

[Soccerjones]

Opinions differ. IMO the text of the law is very clear. If you bring out of state into the state you are importing. The exception is moving the same mags from inside wa to out of state then back again.

Wa gun law views this as it's legal to move from out of state into the state, use at a range in WA, and back out again. But that's not what the law says. There is no exception for that.

As with any lawyer he is sometimes wrong and sometimes right on things. But he is very confident sounding when he says it so people believe him. For example he says you cannot put title 1 firearms into a trust. That is wrong and many have done it in WA and OR and further have been approved by atf which cannot violate state law. He also recently said magazines >10 rounds are already banned in OR, which is wrong.

View attachment 2063434
Anyone who had the mags in WA prior to the law passing is golden as far as possession. So for example if you stopped at a friends house in WA and picked up the mags you would be ok to bring out of state and back into WA state. Silly, silly, unconstitutional law and ideally people will treat it with the amount of respect it deserves, and be smart about it.

Is Washington law like the Oregon law where you have to affirmatively prove you owned the magazine in court that you owned the magazine before the law?

 

[ilikegunspdx]

Is Washington law like the Oregon law where you have to affirmatively prove you owned the magazine in court that you owned the magazine before the law?

No. OR is totally different. WA possession has exceptions in the law where people can continue to own, use, etc. OR law does not. It only has affirmative defense (ie OR is much worse).

 

[Soccerjones]

No. OR is totally different. WA possession has exceptions in the law where people can continue to own, use, etc. OR law does not. It only has affirmative defense (ie OR is much worse).

Understatement of all time… this really sucks.

Thanks for you help guys.

Oh how I wish I could afford to fight this. I guess they are counting on that?

 

[ilikegunspdx]

Stomper's advice is wise, keep things out of plain sight and:

…In practical terms:
Don't drive like an idiot, keep your car tags, driver license, and insurance current and 99.9% of the time you won't have any issues.

 

[Stomper]

While I understand this is true elsewhere - most states, Washington says it is not true there. In fact, the very first part of the law state that this law preempts all other laws.

Now the problem is not my understanding of the US Constitution but theirs. They may not legally have the authority but will I have to fight it in court?

I guess my question should have been, if I attempt to pass through Washington with my 11 round magazine, will I have to fight them in court should I get pulled over?

I'm curious, is this what is going on with Aero Precision? This law says you can't manufacture or import 11 round magazines (and other stuff) in Washington either.

RCW's that conflict take a backseat to Federal supremacy laws .... interstate travel is exclusively a FEDERAL domain.... Olympia can suck it.



The "process is the punishment" concept notwithstanding.

 

[Soccerjones]

RCW's that conflict take a backseat to Federal supremacy laws .... interstate travel is exclusively a FEDERAL domain.... Olympia can suck it.



The "process is the punishment" concept notwithstanding.

Cases in California, New Jersey and New York say you may be right but your going to go to court at a minimum regardless.

 

[Koda]

Now the problem is not my understanding of the US Constitution but theirs. They may not legally have the authority but will I have to fight it in court?

I guess my question should have been, if I attempt to pass through Washington with my 11 round magazine, will I have to fight them in court should I get pulled over?

Yes, and yes.

The whole issue with the Wa law regarding the federal law (FOPA?) is Wa wrote their own definition of "import" into the law that includes more than just intent to sell.