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OC...Loaded?

T

thunderbolt

Regular Member
Joined
Jul 5, 2012
Messages
31
Location
Yakima, wa
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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hermannr

hermannr

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Mar 24, 2011
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2,327
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Okanogan Highland
thunderbolt said:
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
Click to expand...

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.
 
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T

thunderbolt

Regular Member
Joined
Jul 5, 2012
Messages
31
Location
Yakima, wa
hermannr said:
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.
Click to expand...

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
 
BigDave

BigDave

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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 ????
 
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T

thunderbolt

Regular Member
Joined
Jul 5, 2012
Messages
31
Location
Yakima, wa
BigDave said:
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 ????
Click to expand...

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.
 
BigDave

BigDave

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Yakima, Washington, USA
thunderbolt said:
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.
Click to expand...


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/2010/08/31/county-eases-gun-possession-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
 
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oneeyeross

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Feb 28, 2010
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500
Location
Winlock, , USA
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...)
 
amlevin

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
BigDave said:
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 ????
Click to expand...

Maybe the guy was a California transplant from the days when one could OC but it had to be unloaded.
 
Freedom1Man

Freedom1Man

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Greater Eastside Washington
oneeyeross said:
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...)
Click to expand...

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.
 
Difdi

Difdi

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Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
oneeyeross said:
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...)
Click to expand...

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.

Freedom1Man said:
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.
Click to expand...

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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