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Vehicle Carry in WA?

Discussion in 'Legal & Political Archive' started by HahnsXD, Feb 9, 2010.

  1. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    I'm trying to figure out if it is legal (with a CPL) to carry your gun in your vehicle while it's not on your person, some people on other forums were giving me both answers and the law is a little confusing.
    The law regarding vehicle carry reads:
    After going over it several times I believe it is legal to keep my gun in my console, ect, while driving, is this correct?
     
  2. spinfree

    spinfree Vancouver Member

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    It has to be on your person while you are in the vehicle, I was informed when I was stopped for a tail light and my pistol was in the glove box loaded.
     
  3. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    But why would there be both of these "The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there," if the second is illegal?
    I hate this confusing crap..
     
  4. JUSTIficatioN

    JUSTIficatioN Seattle, Wa Member

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    if the pistol is LOCKED in your glove box then it is also CONCEALED FROM VIEW. Which to me says that it is legal to carry a firearm in your glove box. Might not be a great idea if thats where you keep your registration/insurance, but the way the RCW is worded makes it out to be legal (in my mind). But i'm no expert.
     
  5. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    On person:

    From what I understand and it's limited that in an unlocked glove box is not a secured location.
     
  6. cwegga

    cwegga Helena, MT Active Member

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    Well, firstly the OP in in Washington so there is no requirement that the pistol be in a secured location.

    Second I have also read that RCW about a billion times trying to figure out if it is allowed to carry not on your person in a car with a CPL. As far as I can tell it is ok. That being said, you'd probably be best asking a lawyer for a lawyer speak interpretation and even then the cops don't necessarily know the law or interpret it the right way. Check out the thread about suppressor confiscation in the NFA forum if you want examples of that.
     
  7. Jerry

    Jerry Vancouver, WA Well-Known Member

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    The Attorney General for the State of Washington issued an opinion regarding this matter on March 13, 1987, in response to a query from State senator Kent Pullen.

    Senator Pullen asked the following:

    "May a person who possesses a valid concealed weapon permit, and who is within a vehicle, legally possess a loaded pistol within the vehicle which is not on his or her person?"

    I received a copy of the AG's opinion from Joe Waldron. I can't find an electronic version. The opinion was summarized in the last paragraph as follows:

    "In summary, the plain language of the statute, internal consistency and legislative intent all require an affirmative answer to your question. RCW 9.41.050 permits a person who possesses a valid concealed weapon permit, and who is within a vehicle to legally possess a loaded pistol within the vehicle which is not on his or her person."


    Richard A. Heath
    Sr. Assistant Attorney General

    cc: Christine O. Gregoire, Deputy Attorney General
    Chip Holcomb, Asistant Attorney General - WSP


    RCW 9.41.505 was ammended (HB 600) in 1982 to allow such carry in a vehicle. The old version specifically required that a loaded pistol be on a person while in a vehicle.

    HAve a good day.

    Jerry
     
  8. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    Awesome, thanks!
     
  9. Gunwheeler

    Gunwheeler Somewhere in De Nile Active Member

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    All good and well until a passenger without a concealed permit sits in the front seat closer than the driver to the glove box. At that point the passenger has control of the weapon. The problems start. My wife has a concealed for that reason alone. No harm, no foul.
     
  10. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    Never said I was putting it in the glovebox.. I also haven't seen anything on the books regarding "control" over the weapon although it is obvious that you can't leave a loaded weapon in your vehicle if the passenger(s) does not have a CPL.
    I also found another source from a LEO training letter regarding open carry..
     
  11. JumpWing

    JumpWing NK WA Member

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    I highlighted the key words above. The conditions are that the person must have a CPL and meet at least one of the following (i) (ii) "or" (iii). If all three conditions must be met, then the word "or" must be replaced with "and".
     
  12. Wenis

    Wenis Tri-Cities, WA Member

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    And if the vehicle itself is locked, then it can also be argued that the firearm is in a locked container.

    Regardless, I keep a console vault in my truck
     
  13. tionico

    tionico Thurston County Well-Known Member

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    if the weapon is not on the person of the owner, AND it is within the vehicle ANd the vehicle is locked AND the weapon is not visible from the outside of the vehicle, it is legal.

    on the floor, covered by a towel or rag is "concealed from view". If the vehicle is locked while the owner is gone, it is legal.

    The intent is that the weapon not be visible from outside the vehicle, so some creep passing by could see it, break the window, and steal it.

    This sort of thing is one of the main reasons I got my CPL..... makes all sorts of scenarios that would otherwise make me a criminal go away......
     
  14. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    I have a copy of the Attorney General Of Washington letter clearly stating that it is legal for a CWP holder to possess a loaded pistol in the vehicle and not on his or her person. I keep a copy in my glove box as many LEO are confused on this. There was an amendment to RCW 9.41.050 by the legislater House Bill 600 in 1982 that allowed this. I have tried to copy the letter here but no luck. I would email a copy to someone if they wanted and maybe they could post it here.
     
  15. supergenius

    supergenius 206 Active Member

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    I would like a copy of that...

    briankspiker@hotmail.com

    thank you!
     
  16. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Supergenius I sent an email attachment of the letter. It looks like the pages may be out of order and the file too large. If this doesn't work for you I can try again in a different format.
     
  17. Skid_McCoy

    Skid_McCoy Washington New Member

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  18. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Skid, the Attorney General Office is the supreme law enforcement agency for the state of Washington and they read RCW 9.41.050 as allowing a concealed pistol permit holder to have a loaded pistol in the vehicle without being on their person, as was the intent of the state legislature. They state that the language is interpreted in the manner that makes the most sense. I was stopped by WSP once and he asked for my pistol after seeing my permit and said nothing about it being covered by a rag on the driveline hump. I showed the leter to a county deputy and he was suprised and agreed that it was clear that it was ok to have off person. The opinion was requested by then State Senator Kent Pullen,47th District in 1987.
     
  19. Skid_McCoy

    Skid_McCoy Washington New Member

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    You were "in" the car. My point is if you leave your weapon in the car because your going into a place that doesn't allow you to carry. And regarding the Attorney Generals Office, you'll find that every district attorney and judge just MAY interrupt it differently. Best to stay out of court.
     
    Last edited: Feb 11, 2010
  20. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Skid please read the RCW again. If you have a permit to carry concealed you may leave your loaded pistol in the vehicle if it is out of sight and the vehicle locked. The key is being licensed to carry a concealed pistol.