Open carry in Washington

[cwegga]

when you return to the car the weapon must be cleared, locked in the trunk, of another locked container inaccessible to the driver. (and maybe passengers as well... not certain on that one)

Could you cite where you are getting the "locked" or "inaccessible" part from? I have read through the laws. I'm not trying to be combative or negative I would gladly welcome a better understanding of WA gun laws.
For example I have a pickup truck and carry unloaded guns in the cab when I go shooting. There is no place in the cab that I couldn't reach. The only section of the RCW that I have found that applies is This.

RCW 9.41.050
(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.

It doesn't mention anything about locked containers or inaccessible to the driver. Is there another section of the RCW that says more about this? Maybe previous court cases that clarify?

 

[Oro]

I think he has in mind the FOPA of 1986, which dictates that type of carry when you are traveling as the minimum standard you need to meet when passing through a state other than your own. Within WA, the law is as you cited and there is no need to go to the level of storage/locking an unloaded pistol as dictated in the FOPA (Firearms Owner's Protection Act).

 

[tionico]

I think he has in mind the FOPA of 1986, which dictates that type of carry when you are traveling as the minimum standard you need to meet when passing through a state other than your own. Within WA, the law is as you cited and there is no need to go to the level of storage/locking an unloaded pistol as dictated in the FOPA (Firearms Owner's Protection Act).

My original statement was that a large part of WHY one should get a CPL in Washington is the exact section of RCW quoted just above..... that unless one has the CPL, one may not carry a loaded weapon in a vehicle. (or on one's person).

Because of the law prohibiting loaded weapons in vehicles, unless one has the CPL, one must take care the weapon IS unloaded..... what I wrote earlier is what I had been told by others..... I just searched the pamphlet distributed by the state government relating to firearms, and do not find those specific requirements there. I do believe, however, a LEO, upon finding an "unloaded weapon" in a vehicle, and finding a loaded magazine and/or a box of ammunition for that weapon placed right adjacent to it, would have some strong words to say...... while the actual law defines a "loaded weapon" as one having a live round in its chamber, or in a magazine attached to the weapon, anyone knows that having the weapon in one place, and a loaded magazine right adjacent to it, is effectively the same thing as having a loaded weapon. Pick both up, slap the magazine into the well, cycle the action, and one has a loaded weapon, ready for immediate discharge.
Have a CPL in your pocket, and that line suddenly disappears.

In either case, a handgun placed inside a vehicle must be out of view, and the vehicle locked. This does leave a lot of latitude as to precisely wher it CAN be.....

 

[MarkAd]

That is fine. but if you have a loaded weapon in your car must have a Washinhton CPL. We do not have reciposity with Oregan

 

[JumpWing]

1. Open Carry in Washington state is 100% legal for anyone who is not prohibited from owning a firearm (criminals and wackos).

2. You must be 21 to OC in Washington.

3. You are not required to be licensed, permitted, or otherwise "checked and cleared" to OC in Washington unless you are not a US citizen; in which case other rules apply.

4. Washington OC laws apply to ALL US citizens within the state boundaries regardless of where that citizen actually resides (even if they're from...*shudder*... Oregon).

5. You cannot be in possession of a firearm while driving unless you have a Concealed Pistol License (CPL) issued by Washington state or a state which has a reciprocity agreement with Washington.

6. Washington state constitution carries pre-emption which forbids any local jurisdiction from passing laws or ordinances regarding firearms.

7. Regardless of whether or not you possess a valid CPL, some areas do not permit the carrying of firearms such as courthouses, federal buildings, public schools, jails, and areas off limits to people under 21 (this does NOT include restaurants that serve alcohol but it does include the "bar area" of a restaurant, if it has one).

8. Private property owners and businesses who don't support your right to carry can demand that you leave the premises. Failure to do so will result in a Trespassing charge, NOT a firearms charge.

Finally, with respect to this tidbit of RCW:

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, AND at a time AND place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

The underlined section is a package deal. ALL those elements must be present for a criminal act. Carrying a gun openly in a holster does not meet all those requirements (as per State v Casad).

Will the sheep still call the cops when they see you OC? Sure, especially downtown where liberals tend to nest.
Will the cops still show up to check it out? Of course they will. Imagine the public relations nightmare if they didn't check it out and something bad happened. But LE in Kitsap, King, Snohomish, and Pierce counties (the four counties surrounding Puget Sound) have issued training bulletins that outline the legality of open carry. Still, any diligent officer will probably make contact with you to at least determine your state of mind. If you react in a belligerent or anti-social manner then he has reason to go further. If you're calm, polite, and alert then the encounter will end.

Bear in mind that cops, like it or not, are human beings and are not able to completely switch off their own personal views, emotions, or prejudices. Most of them are able to suppress these and conduct themselves in a very professional manner but, inevitably, there's always some supercharged rookie or cantankerous veteran looking for conflict. Unfortunately it's these few exceptions that give the rest a bad name.

 

[tionico]

Read recently of a court case, criminal charges filed in Washington against a guy who simply carried a firearm in public, charging him under the above cited RCW for "warrants alarm" in those about him. Seems the judge, a woman, was herself opposed to firearms on principle (a fact that SHOULD have led to her recusing herself from this case.. too likely to bring her own bias to it). However, she clearly expressed her own sentiments from the bench, saying SHE did not think it right for someone to carry as this man did. BUT-- she further determined that this man's simple presence with visible firearm did not violate the INTENT of the law, that he nor his conduct warranted no alarm by his simple presence with gun. She found him not guilty.... despite her personal bias against the practice. For which I must say THERE is a judge with integrity.
I rather think this case has gone a long way toward the police departments in this state educaating their personnel that simple carrying is legal, and does not "warrant alarm" prima facie. The person carrying has to DO something to indicate evil intent. Like the saying goes, guns aren't dangerous, but those who have them CAN be.

 

[Rix]

Ok... so I'm still unclear...
IF you HAVE a VALIP CPL, are you still allowed to open carry?

 

[Oro]

Rix -

Does not matter if you have a CPL - you can open carry in WA except the state and federal banned places (secure area of an airport, post office grounds (parking lot, too!), alcohol-serving area of a restaurant or bar, etc.) See JumpWing's excellent post above. It is quite clear and accurate.

No local municipality in WA can pass a law other than the federal or state law - this is called "pre-emption." Not all states have it (see Illinois or NY, for example), but WA does. Thank god, especially since you live in Pierce County, second only to King as a hot-bed of libtards.

Just because you have a CPL does not mean you HAVE to carry concealed. Just means you can. Anyone legally allowed to possess a gun can do so in WA regardless of licensing or state of residence. WA is not the most gun-friendly state in the US, but it is on the upper range of that spectrum (now let me tell you about Vermont where I lived before... ).

 

[Rix]

OK, thanks.
I thought I had read somewhere than CPL holders couldn't open carry. Easier to ask.

 

[JumpWing]

OK, thanks.
I thought I had read somewhere than CPL holders couldn't open carry. Easier to ask.

I've heard a few random stories (from different states) where an officer has attempted to, um, "suggest" the idea that having a CPL somehow requires that person to always carry concealed. This is NOT the case in Washington. Having a CPL is an addition to your existing right to open carry, not a replacement of it.

 

[woodman689]

lets just do as Arizona did and make it so you dont have to have a cpl since they cited our Constitution verbatim as stated in this article
<broken link removed>
and all the confusion can just dissapear just my opinion

 

[tionico]

This is great..... and there does not seem to be any hidden back-door de facto registration process, as is hidden in Alaska's new law. Which stinks.....

Another thing I REALLY like about Arizona's new law is that, IF the individual wishes, one MAY go through the permitting process, background check, etc, and be issued a physical CWP, just as before.... I believe this is one provision the Governor had requested. Why? Isn't that redundant? No... many other states recognise the CWP of any other state.... BUT the citizen must have a permit from his state of residence to exercise that right. SO--if Arizona no longer issues "carry permits", no resident could then carry in those states that recognise other states' permits. SO.. she asked for the option of applying for and getting one to enable any Arizona resident to carry in those states recognising other states' permits.


In looking for another state to move to, maybe I should be taking a better look at Arizona...... the home of Sheriff Mack, now with Constitutional Carry...... pretty dry and dusty in most of it, though.....

 

[woodman689]

yea dry and dusty but its warm and i hear the girls are hot. as long as there not dry and dusty it might be ok.
i think we would need a different gov here before we could get this done she seems to be working for that job in DC pretty hard backing berry sataro when ever she can she is on his counsel of 10 gov's after all

 

[tionico]

yup, our present reigning queen is a piece of work, and needs to be sent somewhere else. Maybe in 2012 she will get her walking papers. I've heard she's angling to run for a third term.... perish the thought.

In any case, SHE is not the one who makes laws here, despite her actions and posings. That falls to the legislature... which is why we all need to be working toward seating some solid candidates this next November. IF we can pack both houses with decent people, and manage to give the toss to those voting in lockstep with her whims, we could manage to clean up some things. Her recent tyrannical tax hustle has a LOT of people upset.... mad enough to maybe turn out some of those "lawmakers' who voted for them. We shall see....... but I'm ready for some change we can believe in.... and take to the bank.