Non cpl holder transporting handguns

mjbskwim · Nov 10, 2012

OK I have my cc license and understand a person should just get one....blah,blah,blah
This would be for WA also
On to the question
I was at the local shop talking to a new resident about transporting guns without a carry permit
I said that the guns can be on the seat next to you and the magazine next to it
My buddy and the other shop employee, said they needed to be in different compartments,inaccessible to the driver

I have searched and searched for this wording on the state sight and it had elluded me.
Again,this is for transporting a handgun in Washington,in a vehicle without a carry permit
(LCCP to be technical)

Thanks for helping me clear this up
Mike

deen_ad · Nov 10, 2012

The State of WA calls it a CPL in their laws.

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.

Also, you can carry a long gun in your vehicle as long as there is no round in the chamber OR the mag locked into place in the weapon. So, theoretically you could have the chamber unloaded and a mag in the well as long as it's not locked into place

RCW 9.41.010
Terms defined.

(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.

Some people think you can carry a loaded flare gun in their vehicle but if you read the definition of a firearm you will see that that's illegal too:

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

So, you could carry the handgun in a case, having it beside you on the seat could depend on how the officer feels at the time.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

mjbskwim · Nov 11, 2012

Thanks,that's everything I found so far. Doesn't show the "inaccessible" term as I said.
And if you look at your first paragraph,since I'm on my phone and can't quote,it uses " license to carry concealed pistol".
But you are showing there isn't the wording my friend used in WA's laws
Anybody else?

Misterbill · Nov 11, 2012

There are other states that have the specific wording "Inaccessible to the driver," I believe NH is one of those. This may be what is confusing your friend as the language is used in a lot of contexts to show how you can transport a loaded gun.

hermannr · Nov 11, 2012

mjbskwim said:
OK I have my cc license and understand a person should just get one....blah,blah,blah
This would be for WA also
On to the question
I was at the local shop talking to a new resident about transporting guns without a carry permit
I said that the guns can be on the seat next to you and the magazine next to it
My buddy and the other shop employee, said they needed to be in different compartments,inaccessible to the driver

I have searched and searched for this wording on the state sight and it had elluded me.
Again,this is for transporting a handgun in Washington,in a vehicle without a carry permit
(LCCP to be technical)

Thanks for helping me clear this up
Mike

RCW 9.41.050 has the various prohibitions, RCW 9.41.060 has the various execptions. Unloaded and locked up in teh trunk is one of the exceptions, that is true, but it is far from the only execption... RCW 9.41.060: Exceptions to restrictions on carrying firearms. see exception #9.

hermannr · Nov 11, 2012

deen_ad said:
The State of WA calls it a CPL in their laws..

Far to simplistic an explaintion...Far Far to simplistic.

To have a CPL, allows you to ignore all of .050 all the time. That is about all it does. I have open carried in WA since 1970 and I OC'd for over 25 years without any CPL...until I just got tired of having to wait for my new toys...but you can carry without a license...there are times you can conceal without a license,,,yes,,,in a vehicle, loaded and concealed, no license necessary...READ RCW 9.41.060(8). RCW 9.41.060: Exceptions to restrictions on carrying firearms.

I never intentially conceal, even though I have a CPL, but everyone...Bookmark RCW 9.41...read it, read it again, and then read it some more...learn it explicitly...then CPL or no CPL, you will know what the law, and it's exemptions are, and when they apply.

mjbskwim · Nov 11, 2012

Yeah hermannr,that's the other one we argue about. But working at a gun store,he wants to watch what "legal" advice he gives

hermannr · Nov 11, 2012

mjbskwim said:
Yeah hermannr,that's the other one we argue about. But working at a gun store,he wants to watch what "legal" advice he gives

If I owned a gun store, my "legal advice" would give all new firearms owners the F&W booklet you get when you apply for your CPL. I would tell every new purchaser...it is their responsibility to know the law...here it is. Those booklets are free for the asking, or free downloads...but the paper booklet as part of the new buyers paperwork would do everyone good. You better believe that is what I would do.

A new buyer is going to have to wait at least a couple days anyway. If they have a CPL, they already got that booklet when they applied for their CPL. IMHO...that is what you do.