Gun rights while camping

[The Duck]

You are legal to carry and or transport a firearm if you are heading out to fish... Have a current fishing license and a pole and you are "good-to-go"...

 

[Nwcid]

You are legal to carry and or transport a firearm if you are heading out to fish... Have a current fishing license and a pole and you are "good-to-go"...

That is not the issue. You dont need an excuse like hunting or fishing to transport a firearm in WA.

In WA without a CPL there is NO legal way to have a loaded gun in your vehicle ANY time.

 

[Trlsmn]

You are legal to carry and or transport a firearm if you are heading out to fish... Have a current fishing license and a pole and you are "good-to-go"...

That

 

[Tactical SS]

From RCW 9.41.010

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."

What I get from this is that if you do not have a CPL you can have the pistol/firearm with you in the car, mags loaded, just not locked into place. While techincally it says "locked into place" I wouldn't push that issue by having them inserted, but not locked.

IMO not the best way to be carrying when you are out in the wild, but if you want to stay legal... and of course we all do.

 

[HahnsXD]

IMO once parked and you're "camping", it has become your abode and should be legal to have a loaded weapon..



I'm not a lawyer!

 

[hariph creek]

Washington's laws give the right to carry firearms used for self protection against dangerous animals when in the "woods". (I was told this by a State Patrol officer some years ago.) As far as in your vehicle when camping goes, I would think discretion and the rule of 12 vs. 6 would apply.

 

[absoluterik07]

When I got my CHL in Oregon I was specifically told, and I quote, "Do not carry until you have received your license in the mail." On the CHL application form it also says that if you do not have your CHL on your person with your weapon you can be charged for illegally carrying. It also says on the application that you will be denied if you have been convicted of a misdemeanor within the last 4 years. Again, this was Oregon, in Marion County so the laws may differ for you but I wouldn't risk it. Just my $.02

 

[Redcap]

Washington's laws give the right to carry firearms used for self protection against dangerous animals when in the "woods". (I was told this by a State Patrol officer some years ago.) As far as in your vehicle when camping goes, I would think discretion and the rule of 12 vs. 6 would apply.

Don't believe anything a Smokey says...

 

[mjbskwim]

RCW 9.41.060
Exceptions to restrictions on carrying firearms.

The provisions of RCW 9.41.050 shall not apply to:

(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

(3) Officers or employees of the United States duly authorized to carry a concealed pistol;

(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

(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

(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

[2005 c 453 § 3; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]

 

[mjbskwim]

"RCW 9.41.060 Exceptions to restrictions on carrying firearms." almost negates the provisions of RCW 9.41.050


But if you are in a camping area ,why not just open carry?
Some on here open carry everywhere anyway.A camp ground shouldn't be a big problem.
It's legal now in Nat Parks too.

 

[Tactical SS]

IMO once parked and you're "camping", it has become your abode and should be legal to have a loaded weapon..



I'm not a lawyer!

Yes it's become your abode, but that seems like a touchy subject, since it is your vehicle as well.

It's all about what defines vehicle as vehicle and abode as abode. Many RV's cannot drive with they are all extended and all that fancy stuff, so maybe if it's "disabled", if you will, it's an abode.

I'm only an armchair lawyer so don't take my word for it.

 

[VW_Factor]

Yes it's become your abode, but that seems like a touchy subject, since it is your vehicle as well.

It's all about what defines vehicle as vehicle and abode as abode. Many RV's cannot drive with they are all extended and all that fancy stuff, so maybe if it's "disabled", if you will, it's an abode.

I'm only an armchair lawyer so don't take my word for it.

This is where I think you may run into "grey area".. If some LEO of any type wanted to pick on you... He may very well do so.. Take it to court, and this is where you may set "case law" IMO of .. Its not a vehicle at this point because I am hooked up stationary and camping..

I guess that would be upto you if you wanted to risk that. The law is clear on transport in a vehicle but it is not clear about vehicles camping.. That may end up being something you potentially have to defend in a court of law.

Then I guess this begs to question.. Is your van "obviously a camper"? Like a popup or water, electric hookups, etc?

 

[hariph creek]

When I asked the "smokey" it was in the context of... I was scouting/guiding for bear for a friend where I grew up deep in the Gifford Pinchot. I never bothered to get a tag that year so I wasn't the shooter on this trip. Anyway to make a short story long, I still wanted to carry my 12 ga. (yes "loaded for bear" ha-ha) so I asked a neighbor in the State Patrol. My question was more in regards to not being nailed as a would be poacher. He said he thought so and would ckeck into it. A couple days later he cited some law/statuate saying that ANY TIME you're in the wilderness in Wa. you have the right to protect yourself against dangerous game. My step father is a retired Sheriff's Deputy here in Washington, and he said... "Carry open outside. Loaded in a vehicle is fine as long as it's cleary being used for camping. Just don't be obnoxious and if your vehicle is going to be searched or approached while your in it, by the law, keep your hands clear and inform the officer before he has to ask." I forgot are you going to a campground? Or actually in the woods? I won't camp in campgrounds, let's face it that's just an apartment without walls, yuck!

 

[Nwcid]

My step father is a retired Sheriff's Deputy here in Washington, and he said... "Carry open outside. Loaded in a vehicle is fine as long as it's cleary being used for camping.

I agree with what he says BUT that is NOT what the law says. Telling a judge your step father said it was ok is not a defense in the face of the law.

Again the law says "any vehicle" it does not make an exemption for camped or parked or sitting on blocks or anything else.

IF approached by an LEO in the situation the OP described MOST LEO would have the common sense to use their discretion and not cause a problem unless you are doing something out of line. With that said IF an LEO wants to directly follow the letter of the law and follow though then the law is behind him.

 

[mjbskwim]

Yes it's become your abode, but that seems like a touchy subject, since it is your vehicle as well.

It's all about what defines vehicle as vehicle and abode as abode. Many RV's cannot drive with they are all extended and all that fancy stuff, so maybe if it's "disabled", if you will, it's an abode.

I'm only an armchair lawyer so don't take my word for it.

Karyst,this is true in California.(well for a RV at least)If you are parked the RV becomes your home and you can have a loaded gun in it.

IF approached by an LEO in the situation the OP described MOST LEO would have the common sense to use their discretion

I am,by no means bashing LEO's,but remember that not all LEOs think we should even own guns.

If you have the gun just sitting there,someone may say something,if you are in a camp ground.So lay it out of sight.
If you are off by yourself or with friends,by the river,who would know? But again,if you just keep it out of sight,who would know?

6 & 12 comes to mind.Plenty of people out there that may like your stuff while you are camping.
First thing is to protect you and yours.

 

[jyerxa]

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.

Get the license.

 

[ApronAmy]

IMO once parked and you're "camping", it has become your abode and should be legal to have a loaded weapon..

I'm not a lawyer!

Not that I'm a lawyer either, but it seems to me like this would be true. Maybe somewhere else in the code it defines "abode"?

 

[deadeye]

I would think that if you are in a campground or certain parks where you pay to use them that that would be considered renting. In my opinion this would also mean that this is your home (temporarily) and you would have the same rights as you do in your primary place of residence. Also if you are camping in the woods or in a campground that is also still part of the fishing/hunting outing that already has been stated that carrying during is OK.

 

[glock.40]

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.

I was specifically told by Marion Co. to NOT carry until I received my permit.

 

[Martini_Up]

That is not the issue. You dont need an excuse like hunting or fishing to transport a firearm in WA.

In WA without a CPL there is NO legal way to have a loaded gun in your vehicle ANY time.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.

The provisions of RCW 9.41.050 shall not apply to:

(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

(3) Officers or employees of the United States duly authorized to carry a concealed pistol;

(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

(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

(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.


[2005 c 453 § 3; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]

According to the above exceptions, you CAN LEGALLY have a loaded gun in your VEHICLE without a CPL.