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Gun rights while camping

Discussion in 'Legal & Political Archive' started by tjpratt, Dec 4, 2010.

  1. tjpratt

    tjpratt In what use to be Ballard New Member

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    I live in washington, i will be going camping in my van. My CPL doesn't come through before I go. In my house I have a right to a loaded gun, how about my "home" on wheels???

    Thank You!!
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Legally no.

    RCW 9.41.050: Carrying firearms.

    RCW 9.41.050
    Carrying firearms.

    (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.

    (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

    (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.

    (b) A violation of this subsection is a misdemeanor.

    (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.

    (b) A violation of this subsection is a misdemeanor.

    (4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.


    [2003 c 53 § 28; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS § 2516-5.]




    So legally it can be unloaded in the vehicle.

    To have it loaded AND get caught AND have an LEO want to charge you it would only be a misdemeanor.............
     
  3. tjpratt

    tjpratt In what use to be Ballard New Member

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    My question was pertaining to the vehicle being a parked camper at a registered campsite where i would be spending the night. Would this be a different situation??? Thanks for your help. Want to stay out of trouble.
     
  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    The laws says "any vehicle" as I colored in red.

    I am not a lawyer but to me "any vehicle" means any vehicle right or wrong. I am not aware of an exemption for RV/Camper/Van/ect.
     
  5. orygun

    orygun West Linn Bronze Supporter Bronze Supporter

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    I'd do it without reservation. I used to go tent camping with my dad and we would use a pup tent. When we went to sleep the .22 rifle would be loaded and laying right between our sleeping bags. I don't see much difference. Doesn't mean that I'm being legal, but if I needed that gun, I wouldn't give any consideration to what's legal.
     
  6. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    IMHO when it comes to camping... its better to be tried by 12 rather than carried by 6. Use good judgement whatever you do.
     
  7. CJ49er

    CJ49er Lake Oswego Member

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    +1:thumbup:
     
  8. SloBone21

    SloBone21 OREGON Member

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    LOL! Never heard that before...love it!!
     
  9. pokerace

    pokerace Newberg Well-Known Member

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    do you have a receipt? In Oregon the receipt is what you carry until your cpl
    comes Thur.
     
  10. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    In WA you fill out the paperwork and pay for it. This does not mean you will be approved to get a permit so a receipt will not work.

    Your permit does not come until the background check has cleared and it is mailed to you.
     
  11. carracer

    carracer Nampa, Idaho Active Member

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    Hmmm... I may be wrong here, but, it does say "a loaded pistol". So a defense shotgun or long gun of choice would be legal. (?).
     
  12. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Sorry not legal either.


    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.


    [1999 c 258 § 7; 1998 c 190 § 28.]
     
  13. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    That wasn't my understanding of Oregon's CHL. When I applied for mine I didn't know whether or not I got it until the day it showed up in the mail. Tillamook Sheriff's office mentioned nothing of carrying the receipt as a sort of temporary license.
     
  14. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    In Oregon you can carry concealed while going to,during and coming from hunting or fishing as long as you have a current license for what you are doing. I do not know if there is a simalar portion to the laws in Washington though, you may want to check on that and carry a pocket fisherman concealed too.....
     
  15. tjpratt

    tjpratt In what use to be Ballard New Member

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    I do have recpt, but I agree, that isn't a license to carry.
    Its ironic, i originally got into handguns for SD in the woods.
    I will never go camping in the winter again, but I am this week.
    My CPL arrives in a month,so I will wait. My knife and a huge mag lite will have to work.Not that i actually expect an encounter, but????
    So I "won't carry and will probably be murdered by 3,000 illegal maids/meth manufacturers.

    Stay safe and thanks again!!!!
     
  16. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    My instructor informed me differently..

    Cite about this please?

    IMHO though, I think the camping in a vehicle may be a grey area "due for case law".

    RVs.. Hooked up or not.. Trailers, hooked to truck?

    I have a tent trailer. If Im unhooked and camping in it. pffft.. I'll take that to court. Its not a vehicle in that form..

    At any rate.. RV or Van/camper maybe pushing it a little.. But again.. Sounds like grey area to me. Push that open carry legality and I am camping/outdoorsing grey area if anyone gives you a hard time.
     
  17. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    When I put in for mine you had to wait till it came in the mail to carry, they stated that at the courthouse, but that was a while ago. I dont imagine that has changed due to the fact the background check isnt even started at that point.
     
  18. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    Exactly.
     
  19. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I totally agree but I can not reference anything on that.

    I agree that a trailer is not vehicle by definition so no worries there. The OP said his van though and that or even an RV hooked up is still a vehicle.
     
  20. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    You dont need a permit to carry your gun openly and loaded. That is 100% legal as WA IS an open carry state. With the way WA law is written there can be no loaded guns in/on (atv) a vehicle unless it is a handgun with a carry permit.

    I am not telling to break the law but again IF you are caught with a loaded gun in the car (long gun or handgun) while parked it is VERY unlikely you will be charged with anything and even if so it is a misdemeanor.

    Just some things to think about.

    Here are all the gun laws for WA I suggest you read it a few times and bookmark it for easy reference, http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41