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Thread: Can You OC In WA

  1. #1
    Regular Member papa bear's Avatar
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    Can You OC In WA

    hey guys i know these subjects have probably been discussed till you are sick of them but i couldn't get the search to find the threads

    first can you open carry in WA

    second what is the minimum age for open carry in WA

    i come up with laws that say concealed, but not OC. even some that suggest 18 is fine, but then only on your own property

    if you could give me the cite i would appreciate it
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

  2. #2
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    I don't know the minimum age for OC because I'm 65. I always OC unless I am going into Costco for the free samples/lunches I get there.

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    Campaign Veteran slapmonkay's Avatar
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    OC Page: http://www.opencarry.org/?page_id=312
    Frequently Asked Questions: http://forum.opencarry.org/forums/sh...out-Open-Carry

    Min Age is 21 except for specific exceptions.
    I Am Not A Lawyer, verify all facts presented independently.

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    Washington state is an Open Carry state. HandgunLaw.us has a nice writeup on it http://handgunlaw.us/states/washington.pdf I have no cites for under 21 OC.

  5. #5
    Activist Member golddigger14s's Avatar
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    The reason you can't find any laws about OC is, because laws tell you what you CAN'T do. No permit of any kind needed, but I do have a CPL so I don't have to unload when I get in the car.
    http://www.opencarry.org/?page_id=103
    Last edited by golddigger14s; 02-13-2013 at 12:23 PM.
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  6. #6
    Regular Member bmg50cal's Avatar
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    Here...

    RCW 9.41.042
    Children — Permissible firearm possession.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.042

    RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is:

    (1) In attendance at a hunter's safety course or a firearms safety course;

    (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

    (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

    (4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

    (5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;

    (6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

    (7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

    (8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or

    (9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.

    [2003 c 53 27; 1999 c 143 2; 1994 sp.s. c 7 403.]

    RCW 9.41.040
    Unlawful possession of firearms — Ownership, possession by certain persons — Restoration of right to possess — Penalties.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040
    Last edited by bmg50cal; 02-13-2013 at 12:53 PM.

  7. #7
    Regular Member hermannr's Avatar
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    Quote Originally Posted by papa bear View Post
    hey guys i know these subjects have probably been discussed till you are sick of them but i couldn't get the search to find the threads

    first can you open carry in WA

    second what is the minimum age for open carry in WA

    i come up with laws that say concealed, but not OC. even some that suggest 18 is fine, but then only on your own property

    if you could give me the cite i would appreciate it
    Open Carry is legal because of Article 1 Section 24 of the Washington state constitution and teh fact that CC is restricted.

    The big differences here are licensed carry (openly or concealed) and unlicensed Carry (openly or concealed) No local government can restrict any more that the states allows in RCW 9.41.300. The idea is uniform laws across the state.

    The minimum age for a CPL (concealed Pistol License) is 21 and may NOT be lower. Example, WA does not recognize an ID CPL. The reason is there are provisions in the ID law that could allow someone 18 years or older to obtain a CPL.

    The minimum age for possession is 18, but may this be lower. RCW 9.41.060 (6) or (7) or (8) Someone under 21 cannot carry on a general basis, but can carry under one or more of the .060 exemptions.

    The general restrictions are mostly in RCW 9.41.050. RCW 9.41.270, and RCW 9.41.300. Most of the exemptions are in RCW 9.41.060

    Oc is fairly well accepted in WA. I have OC'd since July 1970. Never been hasseled, never had my weapon checked, never been asked for my CPL. Actually, in all those years I have only had 3 conversations with LE in which anything about my carry was even mentioned. All three were short, and pleasent. The first interaction (about 25 or 30 years ago) was outside a grocery story, loading supplies into my camper...Sheriff's deputy goes "Hunting?" (see RCW 9.41.060(8)) I answered "Yep". Deputy goes (to himself) "Nothing illegal here".

  8. #8
    Regular Member hermannr's Avatar
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    Quote Originally Posted by bmg50cal View Post
    Here...

    RCW 9.41.042
    Children Permissible firearm possession.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.042




    RCW 9.41.040
    Unlawful possession of firearms Ownership, possession by certain persons Restoration of right to possess Penalties.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040
    RCW 9.41.042 does not pertain to those 18 years of age or over. .042 is for juveniles, those UNDER 18.

  9. #9
    Regular Member badkarma's Avatar
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    Quote Originally Posted by papa bear View Post
    hey guys i know these subjects have probably been discussed till you are sick of them but i couldn't get the search to find the threads

    first can you open carry in WA

    second what is the minimum age for open carry in WA

    i come up with laws that say concealed, but not OC. even some that suggest 18 is fine, but then only on your own property

    if you could give me the cite i would appreciate it
    No. We can not OC and as a matter of fact, can not own guns. I hope you have none but on the off chance you do, please email me a time and location so I can come pick them up.

    Please read the sticky topics at the top of this sub forum.
    WA Guns
    "There is no such thing as a free lunch, but there is always free cheese in a mousetrap."

  10. #10
    Regular Member OrangeIsTrouble's Avatar
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    You would think someone with 1K posts and 2+ years here would have already learned how to use the forum. Sure you might be in a hurry, but we have a special thing called "sticky" threads. with FAQs spelled out in the headline done by a valuable member here. At the top. Very top.

    Open carry is brandishing, which is illegal, which scares people, which gets the cops called on you, and you end up getting birked, and then nobody cares 2 years later.


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  11. #11
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    Quote Originally Posted by OrangeIsTrouble View Post
    You would think someone with 1K posts and 2+ years here would have already learned how to use the forum. Sure you might be in a hurry, but we have a special thing called "sticky" threads. with FAQs spelled out in the headline done by a valuable member here. At the top. Very top.

    Open carry is brandishing, which is illegal, which scares people, which gets the cops called on you, and you end up getting birked, and then nobody cares 2 years later.
    Real nice... Smart a$$ comments like this to a valid question tells a bit about you.

  12. #12
    Regular Member papa bear's Avatar
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    Quote Originally Posted by slapmonkay View Post
    OC Page: http://www.opencarry.org/?page_id=312
    Frequently Asked Questions: http://forum.opencarry.org/forums/sh...out-Open-Carry

    Min Age is 21 except for specific exceptions.
    i have read all of these, and have not found a law that states you can not carry OC at the age of 18-20. mostly i find that CC is regulated to having a CPL. there seems to be a fix on that you must have a CPL in WA to carry. and there is that "warranting alarm" thing. hence the question, "can you OC in WA (without a CPL)" ?

    Quote Originally Posted by golddigger14s View Post
    The reason you can't find any laws about OC is, because laws tell you what you CAN'T do. No permit of any kind needed, but I do have a CPL so I don't have to unload when I get in the car.
    http://www.opencarry.org/?page_id=103
    that is one thing i have been getting out of the laws there. i am really interested in what makes it illegal to open carry 18-20

    Quote Originally Posted by OrangeIsTrouble View Post
    You would think someone with 1K posts and 2+ years here would have already learned how to use the forum. Sure you might be in a hurry, but we have a special thing called "sticky" threads. with FAQs spelled out in the headline done by a valuable member here. At the top. Very top.

    Open carry is brandishing, which is illegal, which scares people, which gets the cops called on you, and you end up getting birked, and then nobody cares 2 years later.
    confused OIT, what was the cite for the law that you are referring to. i didn't read any cite that you gave. did you just forget to post it? maybe you should cut back on the drinking
    Last edited by papa bear; 02-13-2013 at 03:20 PM.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  13. #13
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by papa bear View Post
    i have read all of these, and have not found a law that states you can not carry OC at the age of 18-20. mostly i find that CC is regulated to having a CPL. there seems to be a fix on that you must have a CPL in WA to carry. and there is that "warranting alarm" thing. hence the question, "can you OC in WA (without a CPL)" ?
    RCW 9.41.240: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.240

    Quote Originally Posted by RCW 9.41.240
    Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
    (1) In the person's place of abode;
    (2) At the person's fixed place of business; or
    (3) On real property under his or her control.
    As for the warranting alarm concern, all the conditions of the RCW need to be met inorder for it to be a violation. The court ruling State vs Casad (download) and State vs Spencer (download), help elaborate and define that statue.

    Quote Originally Posted by RCW 9.41.270(1)
    (1) 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.
    In short, open carry is legal. Carry in a holster and don't touch it and your fine.
    Last edited by slapmonkay; 02-13-2013 at 03:52 PM.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  14. #14
    Regular Member acmariner99's Avatar
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    papa bear - you really should read the FAQ thread at the top of this forum - but I will lay out the generalities of OC in WA anyway:

    You can OC in WA without a permit if over 21. WA law says nothing about the legality of OC - if it is not specifically made illegal, it is legal. RCW 9.41.270 states "manifests intent or warrants alarm" - state case law has said a properly holstered visible firearm does not constitute a 270 violation. (Can't think of the case(es) off hand)
    Possession and carry for persons under 21 is tricky see RCW 9.41.240 and RCW 9.41.050(3)(a)
    You cannot carry a loaded firearm in a vehicle without a CPL per RCW 9.41.050(2)(a)
    You need a CPL from WA or a state WA recognizes to carry concealed here

    And oh yeah - a couple of the other guys gave you some sarcastic comments. When in doubt, see sticky threads.

    source: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41

  15. #15
    State Researcher Bill Starks's Avatar
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    Orange, you want to post your write up and experiences on carry & purchasing at 18 but not yet 21?
    Do you want to get your Oregon Concealed Handgun License? Sheriff Dickerson of Columbia County Oregon will be at the Puyallup WAC show in October. Everything you need to get your Oregon CHL is linked through the website or you can use the information from the website and make an appointment and apply at his office in St Helens, Oregon.
    http://www.washingtongunrights.com/ccso

  16. #16
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by Bill Starks View Post
    Orange, you want to post your write up and experiences on carry & purchasing at 18 but not yet 21?
    Its found in his signature. For quick reference: http://forum.opencarry.org/forums/sh...t-of-a-handgun
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  17. #17
    Regular Member OrangeIsTrouble's Avatar
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    Quote Originally Posted by Bill Starks View Post
    Orange, you want to post your write up and experiences on carry & purchasing at 18 but not yet 21?
    I touched upon 18 carry. You did the full write up on purchasing. Like SM said, it's in my sig, your settings might not be set up to see sigs?


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  18. #18
    Regular Member hermannr's Avatar
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    Quote Originally Posted by slapmonkay View Post
    Ok, I forgot to list .240, but then you forgot .060 You forgot this to emphasize part of .240.

    "Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:"


    RCW 9.41.060...

    (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


    The restrictions on carry (concealed and openly) do have exemptions for those that do not have, or cannot obtain because of age, a cpl/
    Last edited by hermannr; 02-14-2013 at 06:00 PM.

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