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Open carry rights

Discussion in 'Legal & Political Archive' started by chrisk86, Oct 16, 2013.

  1. chrisk86

    chrisk86 Spokane Member

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    Ok everyone looking for a little clarification on some concerns I have about open carrying, I'm currently in the process of getting my cwp but until then I plan to start open carrying. I live in Washington in the Spokane area, so first when open carrying what's legal and not? Can I carry with one in the chamber or not, also if I'm confronted by police and I have not done anything to give them reasonable suspicion do I have to present I.D. If they ask for it? Also do they have the right to check my weapon without my consent? Those are really all the concerns I have but if you feel I'm missing anything important please feel to inform me
     
  2. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    RCW 9.41 is your friend in WA.

    Chapter 9.41 RCW: FIREARMS AND DANGEROUS WEAPONS


    Deen
    NRA Life Member, Benefactor Level
    Defender of Freedom Award
    Second Amendment Foundation Member
    Washington Arms Collectors Member
    Arms Collectors of SW Washington Member


    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  3. Benny503

    Benny503 Grants Pass Well-Known Member

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    Deen, I read it and still dont understand it. Can you please take your time and explain? Thank You!
     
  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    What parts dont you understand? WA laws are pretty straight forward.
     
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  5. Benny503

    Benny503 Grants Pass Well-Known Member

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  6. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Remember, I am NOT an attorney, have never been to law school, I am not a cop, and I didn't sleep in a Hotel last night.

    Yes, you can have one in the chamber when walking around, but, if you get into a vehicle with your weapon you must unload it until you have your CPL (WA doesn't have a cwp).

    Are you required to ID yourself when asked by an officer? As a general rule, yes, but that doesn't mean you are required to have ID on your person. Remember, a driver's license is a license to drive a car, not a general state ID card. If you aren't driving, you can't be forced to display a driver's license. You can be asked to ID yourself, which is your name and address. There are many OC advocates that don't carry their wallet with them.

    Now, will you be hassled by cops? Regretfully, that is location dependent. Most localities are aware that OC is legal in WA, but some places (Vancouver, Bellingham) try to make it difficult by threatening, arresting or annoying lawful carriers. Be careful out there.
     
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  7. John H

    John H Whatcom County Well-Known Member

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    Laws aren't writen to tell you what you can do, they are writen to tell you want you can't do. So if it isn't listed, then it is allowed.
     
  8. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    John H nailed it. Those are ALL of the firearm laws for WA. If it does not say it is illegal then it is perfectly legal. Didn't know it took an attorney for that.
     
  9. GunnyG

    GunnyG The Highlands Active Member

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    Go to Washington | OpenCarry.org for a good summary, and links to the local forum (and please do pay attention to the second sentence: "...Washington State follows British legal tradition, which states that anything that is not proscribed as unlawful is lawful...") ;-)
     
  10. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    You ARE NOT required to ID yourself if you aren't driving.If you are suspected of committing a crime then everything changes.
    You do not have to give them any info.

    Having said that,I hate it when the OCers escalate,or let the situation escalate by not just giving the officer........let me correct that....showing the officer some ID. SHOWING as to say 'look I have a CCP!' (don't start with the semantics of what the permit is called,give it a rest please)

    You don't have to hand it to them,just open the wallet and show it to them.
    Now as a new gun owner that has no clue to what the laws say,you might just want to play ball with them until you have your permit and have visited a lawyer that will go over the gun laws with you

    You can pretend to be right and still spend the night in the pokie
    Gun rights are important,learn all you can
     
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  11. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    I also hate it when the police escalate things and force people to ID themselves when they don't have a legitimate reason to even ask. Open carry is NOT a crime, so by itself does not constitute lawful reason to ID a person. (There is that whole thing about a Terry stop and all...good read. FindLaw | Cases and Codes)

    (For those interested, Terry was convicted, he didn't win his case before the Supremes...but the case did establish the idea of "reasonable belief" that a crime was being or was about to be, committed.)