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Thread: first open carry Whatcom county

  1. #1
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    first open carry Whatcom county

    Well ive been lurking the forums for probably 6 months in preperation for my first open carry and of ten minutes ago i succeeded without getting arrested. . I turned 21 at midnight tonight and in celebration i decided to grab myself my first legally purchased beer and break my OC cherry at the same time! Now living literally 100 feet from the border in Blaine i was a little sketch walking to the gas station to do this; due to the sheer number of cameras and federal leo's in close proximity. I'm so glade i was worried over nothing and went through with it though, Three Cruisers passed by and not a word!! I did however get a massive triple take from a Canadian walking into the gas station to pay while i was at the register. But i guess he didn't feel all that threatened because he stood right behind my after his little staring issue. i actually laughed out loud a little about it. Any ways the whole deal only lasted 20 minutes or so but i feel good about it and felt a little better walking in blaine with my trusty xd45 strapped to my side (blaine always has all the people who weren't allowed into Canada lurking around aka criminals). but ya, Im debating maybe doing the walk through walmart tommorow!!


    On a side note i havent seen a discussion on this should i unholster before i get in the car? or should i simply not carry one in the chamber and pop the mag out (is it even legal to have it unloaded but straped to your side in your vehicle??)


    sorry about the rant

    -jesse
    Last edited by jessecain1; 03-14-2012 at 03:53 AM.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Congratulations on your first official OC - liberating experience wasn't it.

    RCW 9.41.050 is the primary law which affects gun carrying on a day to day basis. This law makes it unlawful for one to conceal a pistol without a concealed pistol license (hereinafter called CPL), and also makes it unlawful for one to carry a loaded pistol in any vehicle, whether it be openly carried or concealed carried unless a person has a valid CPL(see RCW 9.41.060 on Exceptions). Loaded is defined as having ammunition inside of the gun itself (magazine inserted with ammunition with semi-auto, ammunition in cylinder for revolvers).

    Recommend that you get your CPL to avoid the issue of carrying in a vehicle.

    http://www.opencarry.org/wa.html

    Others more knowledgeable on your local/state laws will chime in and fine tune this for you, I'm sure.
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    Happy birthday and congrats on your first OC. I carry a XD45 myself when I'm not OCing my royal blue 1911, its an awesome piece. You will get more comfortable the more you do it. As much as I hate asking the state for permission and don't think we should need a CPL to carry loaded in your own vehicle, I would recommend getting a CPL as it does alleviate several potential legal hassles. Good luck and stay safe.

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    I started OCing before I got my CPL, so I started my OC venture with a charged magazine in the gun without one in the chamber when I was outside of my car, so that when I went to get in my car I could just pop the mag out (without unholstering) before entering my car. Without a CPL, you only have unloaded OC inside your car. With a CPL, however, you can have your gun loaded.

    According to RCW 9.41.050 you can't have a loaded pistol in your vehicle if you don't have a CPL. Loaded means a round in the chamber, a loaded magazine in the gun, or both. Once I got my CPL, I didn't have to worry about that. One in the pipe and a full mag at all times. It makes things far more convenient, though I don't agree with having to pay the state to have my gun loaded inside my own car, or to have it simply covered with a coat. I mean, really, what's the difference? Either way, you have a gun, it's just a matter of whether you can see it or not.

    Congrats on your first OC venture! I know I was kinda nervous for my first time, but the more I OC'd, the more comfortable I got with it. Now I OC without a second thought!

    And hopefully in your area, if you have people from Canada around who are curious, you can educate them!
    Last edited by .45ACPaddy; 03-14-2012 at 06:26 AM.
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    Regular Member 1911er's Avatar
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    Congrats

    Welcome Jesse yes you are correct as stated in previous posts if you carry with the loaded mag in but not one in the chamber it makes it easier to empty your weapon without removing it from your holster and possibly having someone call in A man with A gun (MWG).
    And also as stated earlier on here get your CCW.Washington is A shall issue state so as long as you have been good they will issue you A permit GOOD LUCK IN THE FUTURE!!
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  6. #6
    Regular Member sudden valley gunner's Avatar
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    Welcome aboard my nephew just turned 21 in Oct. he OC's every once in awhile, you can join us in Whatcom Sundays 10 AM at Bakerview Starbucks. Corner of Bakerview and Northwest.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
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    of their respect for what only appears to be a law, are cunningly coerced into waiving their
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    Campaign Veteran MSG Laigaie's Avatar
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    Welcome. Any time you are in Bellingham and want to stop for a coffee give me a call. As SVG said, Starbucks, Sunday at 1000. Be calm. That is the most important thing.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  8. #8
    Opt-Out Members BigDave's Avatar
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    While most replies are accurate to a point, they do not list the exceptions to The provisions of RCW 9.41.050 shall not apply to: I do not encourage for one trying to exploit this by saying I am on my way to a hike or etc when not.

    If one of the exceptions apply then carrying concealed and loaded is legal with out a CPL and in a vehicle while traveling to and from and while engaging in the activity.

    RCW 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.
    RCW 9.41.060 Exceptions to restrictions on carrying firearms.

    The provisions of RCW 9.41.050 shall not apply to:
    (1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;
    (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
    (3) Officers or employees of the United States duly authorized to carry a concealed pistol;
    (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
    (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
    (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
    (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
    (8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

    (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
    (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.
    Last edited by BigDave; 03-14-2012 at 11:44 AM.
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    Regular Member BigDeeeeeeee's Avatar
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    How do you get into and out of Blaine with guns on a daily basis? Just curious.

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    Quote Originally Posted by BigDeeeeeeee View Post
    How do you get into and out of Blaine with guns on a daily basis? Just curious.
    What do you mean??

  11. #11
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    If I lived in Blaine I would carry just to piss off DHS.

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    Regular Member BigDeeeeeeee's Avatar
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    Quote Originally Posted by 223to45 View Post
    What do you mean??
    Oops, I was thinking about Point Roberts.

  13. #13
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by 223to45 View Post
    If I lived in Blaine I would carry just to piss off DHS.
    I worked for a friend up there for a few weeks last summer, no problems. At the little mall or gas stations or at Burger King. I rode my motorcycle so several leo saw me carrying and didn't do anything.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  14. #14
    Regular Member hermannr's Avatar
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    Welcome Jesse!

    Nice story. I first OC after going to town (Sedro-Woolley) for the loggerrodeo, and they had a "QUICK DRAW" contest, shut down Metcalf and did it right in the middle of the street.

    After the contest was over, there were people OCing all over town, so I stopped one of the contestants and asked about all these people, (not just contestants) who were walking around town, openly armed. He told me it was totally legal, so I went home, grabbed my own Colt Revolver, put on my holster (only used for hunting up to that point), jumped back in my truck, and went back down to town.

    Walked around everywhere, bank, hardware store, grocery store, jewlers, just walk in and brouse, just for effect (ya, young and dumb) absolutely nothing happened, no questions, no "looks" no police,,,nothing completely uneventful. This was July 1970. I've carried ever since..The rules have changed a bit since, but the function is still totally legal.

    Since that time I have had one two word discussion with a Chelan Co. Sheriffis Dept, some German Tourists while hiking, and basically, that is it...in over 40 years....

    I will second everyone's suggestion that you obtain your CPL. While I have never been asked for mine, ever, or even asked if I have one...it is better to be safe than run into some LEO that thinks OC is their exclusive club and they want to make sure it stays that way. There are not many like that in WA, but they do exist.

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    Thanks for the kind words and suggestions everyone. I actually applied at the Blaine police department yesterday for my cpl, hopefully they wont make me wait the whole 30 days. As far as grabbing a cup of coffee id love to meet up with you guys sometime, I actually went into Starbucks on the 14th of Feburary with a handful of $2 dollar bills hoping I'd see a few OC's there to introduce myself, but didn't see no one. And boy did i get a strange look from the girl when i explained why i paid in 2 dollar bills, she had no idea there was a protest.

    -Jesse

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    Quote Originally Posted by BigDeeeeeeee View Post
    Oops, I was thinking about Point Roberts.
    You raise a good point thou i have often wondered how they manage to bring guns across as well. Seems to me they wouldnt be able to without getting a PAL from Canada?

  17. #17
    Regular Member acmariner99's Avatar
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    Welcome to the wonderful world of open carry! I carry the same piece -- Springfield XD 45. I haven't had the chance to carry that close to the border -- though I have joked about building a range with the backstop against the Canadian border. About bringing guns into Canada -- the RCMP has a lot of detailed info on what to do and how that process works for non-residents entering and leaving the country. Basically the only way to get your firearms to Pt. Roberts without being subjected to Canadian law is by boat from the mainland.
    Last edited by acmariner99; 03-14-2012 at 04:59 PM.

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