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Green grass and high tides |
Wondering about traveling to Wa. state from another state. Can a handgun be in the vehicle? Does it need to be unloaded? if so can it be in the vehicle unloaded with a loaded mag. separated in the same vehicle, Meaning not inserted in the gun? Thanks "Practice like you want to play in the game" | ||
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Told cops where to go for over 29 years… |
Unloaded in vehicle unless you have a concealed license WA recognizes. Loaded mag ok so long as mag is not in the firearm. No requirement for it to be in trunk, etc. or for magazine and gun being in separate parts of vehicle. Unattended, must be “locked within the vehicle” and concealed from view. Some differing viewpoints on if “locked within” means in a separate locked case or simply having the vehicle locked. Interesting caveat of our recent magazine restrictions. Now illegal to “import” any over 10 round magazine into the state. Possession prior was grandfathered, however it could be argued that simply coming in from out of state in possession could be considered “importing” as the law does not specify “import for sale”. Related WA RCW: https://apps.leg.wa.gov/rcw/default.aspx?cite=9.41 And simple breakdown: https://www.washingtongunlaw.c...ing-firearms-in-cars What part of "...Shall not be infringed" don't you understand??? | |||
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Also where are you going? We can point you to some nice spots if you give us some details, or if you are just passing through or on business, we can try to give you the best routes. | |||
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Mistake Not... |
Assuming that you are a resident from out of state without a reciprocal concealed pistol license (what we call our ccw license). RCW (revised Code of Washington) 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. SO: if not CCW then: 1) The pistol is UNLOADED 2) not on your person the 3(a): You have to be in the vehicle OR: (b) the pistol is locked and concealed from view (and this does not mean the pistol is under you seat in a locked car. BECAUSE: RCW 9.41.360 states: Unsafe storage of a firearm. (1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm: (a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or (b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and: (i) Causes the firearm to discharge; (ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or (iii) Uses the firearm in the commission of a crime. (2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW. (b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW. (3) Subsection (1) of this section does not apply if: (a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm; (b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042; (c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or (d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken. If you do have a CCW where WA recognizes reciprocity: Check here You can have loaded and on person, but the rest still apples to any non carried firearms. Make sense? ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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Told cops where to go for over 29 years… |
Accurate for the most part, however I disagree with this portion regarding handgun in vehicle: ” Without a license, firearms must be transported locked within the vehicle and concealed from view from outside the vehicle.” As open carry is allowed, an unlicensed person CAN have an unloaded gun in the open in the vehicle SO LONG AS A NON-PROHIBITED PERSON IS IN THE VEHICLE. The “locked within and concealed from view” is required when “leaving” the gun in a unattended vehicle. What part of "...Shall not be infringed" don't you understand??? | |||
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Mistake Not... |
^^^This is correct, if you are traveling with a person who is an both an adult and can lawfully possess a firearm and who remains in the vehicle at all times you are out of the vehicle. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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Told cops where to go for over 29 years… |
I’ll respectfully disagree. Open carry is legal, therefore you can have an unloaded and non-concealed “on your person”. Use to be a common concern for non-CPL folks who would OC on public transportation. OC with empty chamber, full mag. Remove mag, board bus. Get off bus, insert mag. No unholstering, working action, holstering that would “warrant alarm” and be a potential RCW 9.41.270 violation (unlawful carrying/handling) No longer allowed for transit due to recent law proclaiming ALL transit “facilities” (including bus stops and park/ride lots) as unlawful to possess any weapons even if you have a CPL What part of "...Shall not be infringed" don't you understand??? | |||
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Green grass and high tides |
ok guys thank you. Sounds like I can have a pistol in an suv with empty mag inserted. Can also have a loaded mag in the same vehicle. Sounds open to interpretation about leaving a pistol in a locked vehicle out of sight being legal? Thanks anub, I am good that way. "Practice like you want to play in the game" | |||
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Told cops where to go for over 29 years… |
It’s definitely legal, the interpretation is whether the vehicle being locked is sufficient or if it needs to be in a locked container/case in the vehicle. We now have a “safe storage” law as well. To be sure of staying on the right side of the law, if your vehicle is unattended I would recommend it being in a locked container or at very least a trigger lock. I keep a Vaultek lockbox in my car which features a cable attachment for the rare case when I need to leave a gun in my unattended car. What part of "...Shall not be infringed" don't you understand??? | |||
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Mistake Not... |
This is a risk you are free to run. The issue is whether carrying this way is in a way that warrants alarm under RCW 9.41.270. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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The Joy Maker |
I don't think that's the case, seems that if you've got a CPL, carry is still allowed in these areas "(14) Subsection (1)(f), (g), and (h) of this section does not apply to a person licensed to carry a concealed firearm pursuant to RCW 9.41.070."
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Told cops where to go for over 29 years… |
Several court rulings have held simple open carry does not meet the definition of “warrants alarm”. Needs to have some additional action behind mere possession. Handling it, waving it around, carrying while making other threats, intimidating behavior, etc. Now I can guarantee that if someone calls 911 to report someone OC, there is about a 98%+ chance that a cop(or three) will respond to assess and possibly talk with the subject and about 100% chance that if simply OC everyone will go off along their way. Some departments are better than others and the farther away from the “big city” the less likely anyone will be concerned.
Good catch ASG! I never completely re-read the Section since they added the additional restricted areas. Seeing them included in the absolute no go portion to include airports, etc. I was under the impression that they applied to CPL holders as well. Certainly buried the exception language way down the page when they could/should have included it where the restrictions are list. I might just strap up and hop on public transit to celebrate! What part of "...Shall not be infringed" don't you understand??? | |||
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The Joy Maker |
Real talk, even if it was illegal, I'd still be carrying there. I ain't got time to play their silly games, and I'm not riding those trains and buses without a burner. Too many fucking kooky psychos around here, ready to start swinging fucking hammers. It would be real fun watching them paint me as the bad guy, while a 40-time felon off his meds is allowed to roam free.
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