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Can You OC In WA

papa bear

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Jul 25, 2010
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mayberry, nc
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
 

jeeper1

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Sep 29, 2008
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USA
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.
 

bmg50cal

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Jan 20, 2011
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WA - North Whidbey/ Deception Pass
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
 
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hermannr

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Mar 24, 2011
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Okanogan Highland
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".
 

hermannr

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Okanogan Highland

badkarma

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Jun 27, 2011
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Location
Duvall, Washington
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.
 

OrangeIsTrouble

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Oct 15, 2009
Messages
1,398
Location
Tukwila, WA, ,
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.
 

Trigger Dr

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Oct 3, 2007
Messages
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Wa, ,
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.
 

papa bear

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Jul 25, 2010
Messages
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Location
mayberry, nc

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)" ?

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

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
 
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slapmonkay

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May 6, 2011
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Location
Montana
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

RCW 9.41.240 said:
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.

RCW 9.41.270(1) said:
(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.
 
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acmariner99

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Feb 12, 2010
Messages
655
Location
Renton, Wa
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
 

hermannr

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Joined
Mar 24, 2011
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Location
Okanogan Highland

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/
 
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