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Open Carry on a Bicycle

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
I have been openly carrying my sidearm for some time now, following state and federal law to the best of my ability, and I often ride my bicycle to the location that I wish to travel because it not only is a good source of exercise, but it also saves me money on gasoline and has a much cleaner environmental impact, obviously. However, in all of my research, I have yet to discover any definitive answer as to whether or not a regular pedal-powered bicycle is considered to be a 'vehicle' under Washington state law. I have up to this point been unloading my firearm prior to mounting the bicycle to ensure legality of such action, but as I also often ride at night, I would greatly prefer to have one in the chamber. Can anyone cite law that states either for or against a bicycle being considered a 'vehicle,' or perhaps is it dependent on where you ride it?
I will be getting a CPL soon, but would like to know for sure either way. Thank you in advance.
 

ak56

Campaign Veteran
Joined
Aug 10, 2009
Messages
746
Location
Carnation, Washington, USA
I have been openly carrying my sidearm for some time now, following state and federal law to the best of my ability, and I often ride my bicycle to the location that I wish to travel because it not only is a good source of exercise, but it also saves me money on gasoline and has a much cleaner environmental impact, obviously. However, in all of my research, I have yet to discover any definitive answer as to whether or not a regular pedal-powered bicycle is considered to be a 'vehicle' under Washington state law. I have up to this point been unloading my firearm prior to mounting the bicycle to ensure legality of such action, but as I also often ride at night, I would greatly prefer to have one in the chamber. Can anyone cite law that states either for or against a bicycle being considered a 'vehicle,' or perhaps is it dependent on where you ride it?
I will be getting a CPL soon, but would like to know for sure either way. Thank you in advance.

RCW 46.04.670
Vehicle.

"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. "Vehicle" does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds are not considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles are not considered vehicles for the purposes of chapter 46.12, 46.16A, or 46.70 RCW or RCW 82.12.045. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16A, 46.29, 46.37, or 46.70 RCW. A golf cart is not considered a vehicle, except for the purposes of chapter 46.61 RCW.

Looks like bicycles are a vehicle for 9.41.050.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Yes. I have an AG office email indicating that to be safe you need to have a CPL for it to be loaded.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
It is a vehicle see above....

You may also be engaged in an outdoor recreational activity....

[h=2]RCW 9.41.060[/h][h=1]Exceptions to restrictions on carrying firearms.[/h]
The provisions of RCW 9.41.050 shall not apply to:

(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;
 

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
Thank You

Thank you for your responses. I appreciate your willingness to help. It looks like it was positive that I was unloading the sidearm prior to mounting the bicycle.
I had read through 9.41.050 before and had not noticed the mention of bicycles, but did not know about 46.04.670 detailing the definition.
 
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hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Thank you for your responses. I appreciate your willingness to help. It looks like it was positive that I was unloading the sidearm prior to mounting the bicycle.
I had read through 9.41.050 before and had not noticed the mention of bicycles, but did not know about 46.04.670 detailing the definition.

I think gogodawgs has a valid argument. Riding a bicycle is most definately an outdoor recreational activity...not specifically RCW 9.41.060(8) specifically states "...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;..."
 

bobzilla05

Regular Member
Joined
Apr 20, 2012
Messages
18
Location
Washington
Interesting thought, but I doubt (apart from riding on a specified recreational biking trail) that the average officer would see it as such.
 

bmg50cal

Regular Member
Joined
Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
RCW 9.41.050

(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.

I say happy trails to anyone who wants to OC sans CPL on a bike.
 
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rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
Good thoughts, all. I believe that whether a bicycle is a "vehicle" is subject to legal interpretation. However, RCW 46.04.670 definitions may (and likely do) apply only to vehicle licensing and not to Chp. 9.41.

That said, since "vehicle" is not defined in Chp. 9.41, other rules of statutory construction would likely be employed by a court (such as looking the term up in a dictionary -- then, which dictionary, etc.).

When traveling on public roadways, bicycles are deemed to be vehicles for the purposes of regulation of vehicle traffic. Pudmaroff v. Allen, 138 Wn.2d 55 (1999).

Although our State's laws on bicycles and traffic safety do not present a picture of clarity, the Washington State Supreme Court continues to adhere to the rule that bicyclists, although they are not pedestrians, are to be treated akin to pedestrians when they use side walks and crosswalks. Pudmaroff v. Allen, 138 Wn.2d 55, 70 (1999)
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
So what does that mean for motorcycles?

Here are a couple previous threads regarding that subject...

http://forum.opencarry.org/forums/showthread.php?106539-Motorcycles

http://forum.opencarry.org/forums/showthread.php?45617-OC-and-Motorcycles
http://forum.opencarry.org/forums/showthread.php?88317-OC-and-motorcyles


Additionally, here is a dated response from AG office. Take it with grain of salt.

PDF: https://skydrive.live.com/redir?resid=EAECB6BB8CE1D11B!182&authkey=!ACAeacIuZ9ymRkQ

Exerpt said:
The RCW’s apply to vehicles, motorcycles, and bicycles. Carrying a firearm on a motorcycle or
bicycle is the same as carrying a firearm in a vehicle.
You will need a license to carry a
concealed weapon.
 
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