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Discussion in 'Legal & Political Archive' started by deen_ad, Sep 1, 2011.
get open carry laws passed?
I thought it was sometime around 1938 but trying to be sure.
I thought it was 1889 when they wrote the constitution....there is no actual law that says you can open carry, I have been told, there just isn't a law that says you can't....
I found a site that says CC was passed in 1961 and OC in 1969 so I might have answered it myself.
I was answering a newspaper story that said open carry started in Virginia "a decade ago" and I knew WA had OC a long time ago.
No, that's not accurate/
Open carry has always been legal in Washington, ever since the place became a state, and even when it was part of the Oregon territory.
Concealed carry was first passed in 1935.
So... maybe it was just codified in 1969?
The story I linked to above was from Shotgun News, March 1, 2006, pp. 26-27.
Is that what you meant to type? :thumbup:
We had a case and carry law on the books until about 20 years ago, I think it was. Wasn't it unlawful under those years Dave?
There is no OC "Law". It is part of the WA constitution to be able to bear arms. Article 1 Section 24. You have always been able to OC in WA. When did the law restrict loaded OC in a Vehicle? Not sure, but it would probably be in the F&W section (RCW 77.??)
The CC law as we know it today was first passed in 1961, and has been modified several times since. RCW 9.41 is the section. Look at the individual paragraphs, at the bottom there are a bunch of numbers and letters, they are referencing revisions. One of the numbers included is the date o a particular revision.
In WA we operate under English law tradition which states that if something is not in violation of a written statue the it is legal. So open carry has always been legal.
Im a little confused on this. So it is legal to OC in WA but you cant OC inside stores or public area's such as parks or just walking down the street right? I know schools and area's such as these are Illegal. But what about just daily activities like getting fuel or walking to your car downtown?
I have open carried in WA while backpacking and hiking an awful lot. I know that while open carry is "legal" the individual carrying openly should have "reason to warrant alarm" in others who may observe the open carriage in public.
Just my $.02 worth. I don't like idea of carrying openly in Westlake Center or my local Safeway, but I am perfectly comfortable when wearing my pistol on my belt while hiking, backpacking, etc...
In WA state you can OC loaded anywhere you can CC, without a permit, except in a vehicle. You can OC unloaded in a vehicle without a permit, just not ammo inside the weapon. Except! when you are recreating, or going to or from recreating. Examples could be, but not limited to, hiking, fishing, camping, hunting, even jogging.
The advantage a CPL gives you here is: 1: you don't have to wait for you new pistol when you purchase it at an FFL, and 2: You can OC or CC loaded in a vehicle. Oh yes, and you don't have to worry if you jacket is concealing your OC. (I have a CPL but never intentionally conceal)
You can OC loaded into any park, NP, NF, NRA, any store that does not tell you to leave..anywhere you can CC with a permit...the one exception is in a vehicle without a permit. You can OC loaded in a vehicle with a permit, or without a permit while recreating, or going to and from recreating....OK?
Just don't have a loaded long gun in a vehicle...that is F&W, not CPL law.
A properly carried handgun (that is, it is not in you hand, but in a holster, in your belt etc) is NEVER a legit reason "to warrant alarm", or RAS for a Terry stop. EVER, settled law. Public OC is a right, if it upsets someone else, so be it. They can learn to get over it.
Some people get upset when they see a mixxed race couple...is that illegal? No! Does it upset some? Yes, but I'm sorry, they will just have to get over it. Same with OC. It is a legal activity, and if you don't like it, I'm sorry, but you will just have to get over it.
If open carry is OK why did the Lacey cops that came to my home tell me I could not have a shotgun in my own yard at 12 midnight while checking on a possible felony intrusion to one of my sheds?
Then why was the guy in Vancouver recently convicted of it? His gun never came out of the holster
However you CAN have loaded mags for and with the long gun as long as they are not inserted
Morally I agree with you but unfortunately the law places the burden on the carrier, which is unfair to say the least. How is a responsible gun owner/carrier supposed to interpret the psychology of all of those around him?
RCW 9.41.270 (1) reads as follows: 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.
Basically what this says is, "if you open carry, do it in a way that won't freak people out". I agree, and feel that the burden should therefore be on the public rather than the person carrying. However, Dan Workman, in his book "Washington State Gun Rights and Responsibilities" follows up his recitation of this statute by saying, "Thus, it is essentially how others view your open carry of a firearm that is important, not necessarily your intent. He continues to write, "If someone else is alarmed for their safety by your appearance in their proximity with a firearm carried openly, you could be charged under this statute, though the courts have recognized that mere "shock" at seeing an openly carried firearm is not sufficient grounds for arrest or prosecution... One former assistant prosecutor, now a legal advisor with a large metropolitan police agency, noted that "after 9-11, people are more skittish, and could be more apt to call the police.""
He later continues, "This was affirmed by State V. Spencer (1994), in which the State Court of Appeals issued a 1994 ruling that places a burden of responsibility on the gun owner to 'ascertain when the carrying of a particular weapon would reasonably warrant alarm in others.' "
There is no law that prohibits OC in WA, which makes OC legal any place carrying a gun is legal by any person legally able to possess a gun. Businesses are private property and therefore have the right to make their own rules for their property. They can ask you to leave and if you refuse, they can call the police and have you charged with trespassing. Public parks with signs stating "no firearms" are illegal per State Preemption(see RCW 9.41.290). A blanket statement like "I know schools and area's such as these are illegal," is not accurate. Read RCW 9.41.280 and RCW 9.41.060. Remember there is a difference between a rule and the law. To be honest, it sounds like you need to do a lot more research on carrying a firearm in general and not just OC. Lastly, remember that just because something is legal does not mean it is "accepted" by everyone.
Oh how true that is!!! As a comparison, in aviation there are MANY things that the FAA technically states as "legal" but no person in their right mind would actually do. The laws are a guideline for the lowest common denominator of compliance. "Just because it's legal, doesn't mean it is a good idea."