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Thread: OC...Loaded?

  1. #1
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    OC...Loaded?

    So, I was speaking with a friend today and we talked about open carry briefly. He asked if I had ever been stopped (by PD) and "Chamber Checked".

    He was under the impression that open carry was legal here in Washington, but that the firearm could not be carried with a round in the chamber.

    I respect him and have no reason not to believe him, however, I'm nearly 100% certain that this is incorrect.

    He mentioned that his source was the RCW's, but honestly couldn't remember.

    So I thought I'd ask the experts here to confirm my suspicions...lol.

    Again, I'm almost positive that the law says nothing about the gun needing to be unloaded. Nor have I ever heard of someone being "Chamber Checked" here in Washington.


    Comments?



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  2. #2
    Campaign Veteran gogodawgs's Avatar
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    It's 100% legal to OC with one in the chamber.

    There is no RCW that makes it illegal.
    Last edited by gogodawgs; 08-02-2012 at 10:23 PM.

  3. #3
    Regular Member hermannr's Avatar
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    Quote Originally Posted by thunderbolt View Post
    So, I was speaking with a friend today and we talked about open carry briefly. He asked if I had ever been stopped (by PD) and "Chamber Checked".

    He was under the impression that open carry was legal here in Washington, but that the firearm could not be carried with a round in the chamber.

    I respect him and have no reason not to believe him, however, I'm nearly 100% certain that this is incorrect.

    He mentioned that his source was the RCW's, but honestly couldn't remember.

    So I thought I'd ask the experts here to confirm my suspicions...lol.

    Again, I'm almost positive that the law says nothing about the gun needing to be unloaded. Nor have I ever heard of someone being "Chamber Checked" here in Washington.


    Comments?



    Sent from my DROID RAZR using Tapatalk 2
    Where the misunderstanding MAY stem from. It is illegal to carry (OC or CC) a loaded firearm in a VEHICLE....UNLESS...you have a CPL, or you meet one of the exemptions in RCW 9.41.060 This means ammo in chamber/cylinder and/or a loaded magazine in the weapon. This only applys to UNLICENSED carry, and only in a Vehicle.

    UNLICENSED loaded OC while on foot, or under one of the .060 exemptions (usually, for us normal type citizens that is exemption (8)) is totally legal. With a CPL you my CC or OC, Loaded any place it is legal for you to be with a firearm...(that is except Not in a secure area of a court house, Jail, MH)

    You can tell you friend, I have OC'd since 1970, up to 1994, without a CPL...I now have a CPL...I have never had my weapon checked, never been asked for my CPL, never even been asked if I had a CPL...and I carry all the time.
    Last edited by hermannr; 08-02-2012 at 10:48 PM.

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    Quote Originally Posted by hermannr View Post
    Where the misunderstanding MAY stem from. It is illegal to carry (OC or CC) a loaded firearm in a VEHICLE....UNLESS...you have a CPL, or you meet one of the exemptions in RCW 9.41.060 This means ammo in chamber/cylinder and/or a loaded magazine in the weapon. This only applys to UNLICENSED carry, and only in a Vehicle.

    UNLICENSED loaded OC while on foot, or under one of the .060 exemptions (usually, for us normal type citizens that is exemption (8)) is totally legal. With a CPL you my CC or OC, Loaded any place it is legal for you to be with a firearm...(that is except Not in a secure area of a court house, Jail, MH)

    You can tell you friend, I have OC'd since 1970, up to 1994, without a CPL...I now have a CPL...I have never had my weapon checked, never been asked for my CPL, never even been asked if I had a CPL...and I carry all the time.
    I mentioned this... W/O a cpl, in a vehicle, during our conversation.

    Probably just a misunderstanding. But like I mentioned, I have no reason to doubt him, which prompted my question, just to be sure.

    Thanks for the response!

    Sent from my DROID RAZR using Tapatalk 2

  5. #5
    Regular Member Vitaeus's Avatar
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    Most of the basic questions are answered here

    http://forum.opencarry.org/forums/sh...out-Open-Carry

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    Believe half of what you see and none of what you hear!

    Somebody told me..... I heard that you can't...... My friend said.....
    "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

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    Opt-Out Members BigDave's Avatar
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    Thunderbolt what everyone said thus far is spot on, it is legal to carry loaded with one in the chamber where ever you are legal to carry.
    Yakima County and Union Gap as of a couple years ago had restrictions (violating preemption) on having one in the chamber while in a park but I was able to have these offending ordinances removed a few years ago, maybe there is where he got it from ????
    Last edited by BigDave; 08-03-2012 at 12:04 AM.
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    I have no reason to doubt him

    Now you have a reason. Exploit it.

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    Quote Originally Posted by BigDave View Post
    Thunderbolt what everyone said thus far is spot on, it is legal to carry loaded with one in the chamber where ever you are legal to carry.
    Yakima County and Union Gap as of a couple years ago had restrictions (violating preemption) on having one in the chamber while in a park but I was able to have these offending ordinances removed a few years ago, maybe there is where he got it from ????
    That is entirely possible, I really don't know.

    I sent him an email detailing what was said here. So I'm sure it'll all be fine. Thanks Dave.

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    Quote Originally Posted by deanf View Post
    Now you have a reason. Exploit it.[/COLOR]
    Hahaha...Maybe a reason for doubt, but no reason to be a jerk, lol

  11. #11
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by thunderbolt View Post
    That is entirely possible, I really don't know.

    I sent him an email detailing what was said here. So I'm sure it'll all be fine. Thanks Dave.

    POSTED ON Tuesday, August 31, 2010 AT 10:45PM
    County eases gun possession codes
    by David Lester
    Yakima Herald-Republic
    http://www.yakima-herald.com/stories...ssession-codes

    Snip--"I feel better now," Poling said after the hearing. "It may head off unnecessary conflict between the legal system and law-abiding citizens."

    Chief Civil Deputy Prosecuting Attorney Terry Austin said the county codes went beyond what's allowed under state law by imposed limits on gun possession in places like parks and outdoor events such as carnivals, rodeos and sports events.--Snip

    thunderbolt you are correct in not wanting to come off as a jerk especially with an employer and providing referencing material may help.

    Dave
    Last edited by BigDave; 08-03-2012 at 08:42 AM.
    • Being prepared is to prepare, this is our responsibility.
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    • IANAL, all information I present is for your review, do your own homework.

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    Also, back when the whole starbucks open carry thing was in the news, the California group got a lot of press. In CA, it is illegal to have a loaded firearm...perhaps confusion reigned and the person got WA and CA laws confused....(The media loves to do that. According to TV, all a cop has to do to solve a crime is check to see who bought a brand X pistol recently...)

  13. #13
    Regular Member amlevin's Avatar
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    Quote Originally Posted by BigDave View Post
    Thunderbolt what everyone said thus far is spot on, it is legal to carry loaded with one in the chamber where ever you are legal to carry.
    Yakima County and Union Gap as of a couple years ago had restrictions (violating preemption) on having one in the chamber while in a park but I was able to have these offending ordinances removed a few years ago, maybe there is where he got it from ????
    Maybe the guy was a California transplant from the days when one could OC but it had to be unloaded.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by oneeyeross View Post
    Also, back when the whole starbucks open carry thing was in the news, the California group got a lot of press. In CA, it is illegal to have a loaded firearm...perhaps confusion reigned and the person got WA and CA laws confused....(The media loves to do that. According to TV, all a cop has to do to solve a crime is check to see who bought a brand X pistol recently...)
    I think we have a winner.

    That would explain some of the questions I get. Like, Is it loaded? Don't you need a license to carry it loaded? You can't carry in a mall with it loaded right?
    etc.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by oneeyeross View Post
    Also, back when the whole starbucks open carry thing was in the news, the California group got a lot of press. In CA, it is illegal to have a loaded firearm...perhaps confusion reigned and the person got WA and CA laws confused....(The media loves to do that. According to TV, all a cop has to do to solve a crime is check to see who bought a brand X pistol recently...)
    The fundamental difference between California and Washington when it comes to gun laws is that California's constitution does not identify a right to keep and bear arms. Washington, on the other hand, has a constitutional protection for keeping and bearing arms that is worded more strongly than the 2nd amendment to the U.S. constitution.

    Quote Originally Posted by Freedom1Man View Post
    I think we have a winner.

    That would explain some of the questions I get. Like, Is it loaded? Don't you need a license to carry it loaded? You can't carry in a mall with it loaded right?
    etc.
    I agree. Lots of people have been moving from California to Washington in the past couple decades (especially as Microsoft got huge). People have this odd tendency to assume the laws are the same everywhere.

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