• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open Carry w/ Conceal Carry Permit Question.

Mavasaur

Regular Member
Joined
Jul 17, 2013
Messages
15
Location
Spokane, WA
Okay, So I have had my Conceal Carry Permit for quite a while, and have decided to start open carrying more often. So my question to you all is, since I have my Conceal Carry, can I open carry in my vehicle with the weapon loaded? I understand that it is illegal to carry loaded without my Conceal Carry in my vehicle, but can I carry open, loaded, since I have my permit?

Thanks in Advance,
Mav
 

ak56

Campaign Veteran
Joined
Aug 10, 2009
Messages
746
Location
Carnation, Washington, USA

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
Welcome to OCDO! Yes, you can carry a loaded weapon any way you want in a vehicle with a CPL. I say vehicle because this applies to all forms of conveniences. Bus, train, motorcycle, and ferries.
 

Lowski

Regular Member
Joined
Jan 2, 2009
Messages
14
Location
Seattle, Washington, USA
Don't forget the commonly missed, bicycle.

A bicyce is exempt if you are using it for recerational purposes. See RCW 9.41.060 "Exceptions to restrictions on carrying firearms.", paragraph (8).

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;


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
A bicyce is exempt if you are using it for recerational purposes. See RCW 9.41.060 "Exceptions to restrictions on carrying firearms.", paragraph (8).

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;


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060

While there is an exemption for lawful outdoor recreational activity, the onus is on the individual demonstrate that they are in fact participating in the outdoor activity to claim the exception. I am not one to say for certain that a court or jury would agree that simply riding down the road on a bicycle is an outdoor recreational activity.

The opinion from the AGO seems to believe in order to operate a bicycle you need to have a CPL, which is the recommendation I would give to others.

AGO reply: http://sdrv.ms/1aV6wzX [PDF]

AGO Reply 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.

If you were to be heading to a recreational activity, such as fishing, on a bicycle then I would agree that the exception would clearly apply.

Its better to be safe than sorry, IMO.


Good to see you still posting slapmonkay! I hope all is well in Montana

Montana is doing well. I am going to be making a trip back in a month or so, ill be posting for a meetup. :banana:
 

arentol

New member
Joined
Apr 10, 2009
Messages
383
Location
Kent, Washington, USA
Speaking of bikes. I just started getting back into riding mine this week. Went out the first day with my P-32 clipped onto my belt. I was about a mile down the road when I realized it was being covered by my shirt and my CPL was at home. Tucked my shirt in my shorts and made sure I rode OC the rest of the way. :)

Sent from my SCH-I605 using Tapatalk 2
 

Vitaeus

Regular Member
Joined
May 30, 2010
Messages
596
Location
Bremerton, Washington
Speaking of bikes. I just started getting back into riding mine this week. Went out the first day with my P-32 clipped onto my belt. I was about a mile down the road when I realized it was being covered by my shirt and my CPL was at home. Tucked my shirt in my shorts and made sure I rode OC the rest of the way. :)

Sent from my SCH-I605 using Tapatalk 2

umm, unless it was unloaded and chamber was clear, you were still out of the box for loaded carry? Now I have to go see if the AGO is in any of the sticky threads...
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
I was in Bloedel Donovan Park on a bicycle just the other day. Rode past two B'ham PD gentleman who definitely saw the weapon, but did not say a word or react in any way. The way it is supposed to be.
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
They probably finally figured out that it just costs to much $$$$ to have the privilege to talk to you :)

I will talk to anyone. If you want to do that and bully me at the same time tho, it will cost you.

As for the bike, my use was definitely a transportation thing. Then again, it can be anything I want it to be.....transport....exercise.....whatever.
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
Don't forget the commonly missed, bicycle.

Explain to me how I can be IN a motorcycle much less a bicycle.


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050
RCW 9.41.050
Carrying firearms.
(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.


Note: IN is not ON and WITHIN is not UPON.
Being ON a roof is not the same as being IN the building.
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,428
Location
northern wis
Explain to me how I can be IN a motorcycle much less a bicycle.


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050
RCW 9.41.050
Carrying firearms.
(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.


Note: IN is not ON and WITHIN is not UPON.
Being ON a roof is not the same as being IN the building.

We have the same problem in Wis with the law change it says you can place a loaded long gun on a vehicle DNR says on is not in. In is not on. IMHO they are just screwing with the meanings to get their way hopefully we can get the law changed again to correct this wrong full thinking.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Okay, So I have had my Conceal Carry Permit for quite a while, and have decided to start open carrying more often. So my question to you all is, since I have my Conceal Carry, can I open carry in my vehicle with the weapon loaded? I understand that it is illegal to carry loaded without my Conceal Carry in my vehicle, but can I carry open, loaded, since I have my permit?

Thanks in Advance,
Mav

The only ones you have to worry about are those morons that parrot the phrase "Concealed Means Concealed and if you have a permit to Conceal then that's the way you have to carry". My local "Gun Shop Owner" is one of those. A few cops have taken this line too.

In reality the law doesn't require you to conceal and they are purely morons.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Explain to me how I can be IN a motorcycle much less a bicycle.


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050
RCW 9.41.050
Carrying firearms.
(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.


Note: IN is not ON and WITHIN is not UPON.
Being ON a roof is not the same as being IN the building.

This has been discussed several times. I am in fact on your side, I personally would probably consider it a worthy cause to get case law on it. Most people might not, so I provide the information that the consensus believes and the 'safer' option.

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 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.
 

Difdi

Regular Member
Joined
Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
The only ones you have to worry about are those morons that parrot the phrase "Concealed Means Concealed and if you have a permit to Conceal then that's the way you have to carry". My local "Gun Shop Owner" is one of those. A few cops have taken this line too.

In reality the law doesn't require you to conceal and they are purely morons.

The perfect rebuttal is to point out that if that were true, having a driver's license would make walking illegal. :banana:
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
While there is an exemption for lawful outdoor recreational activity, the onus is on the individual demonstrate that they are in fact participating in the outdoor activity to claim the exception. I am not one to say for certain that a court or jury would agree that simply riding down the road on a bicycle is an outdoor recreational activity.

The opinion from the AGO seems to believe in order to operate a bicycle you need to have a CPL, which is the recommendation I would give to others.

AGO reply: http://sdrv.ms/1aV6wzX [PDF]



If you were to be heading to a recreational activity, such as fishing, on a bicycle then I would agree that the exception would clearly apply.

Its better to be safe than sorry, IMO.




Montana is doing well. I am going to be making a trip back in a month or so, ill be posting for a meetup. :banana:

Slapmonkey:

There are a couple things wrong with this "AGO" opinion. The opinion is not from the AG, and the AG only answers questions from government officials, as he/she is the states attorney.

The second thing is, this gal obviously does not know RCW 9.41 very well, and did not take the time to look anything up.

Riding a bicycle IS an outdoor recreational activity, in and of itself...even if it is also a means of transport.

If you want a real AG opinion, contact your state senator, or representative, and have them ask the AG. Secondly, AG opinions are not law, they are only an "Opinion" AG"O" just like this gals response is her "opinion".

RCW 9.41.060 has many exemptions, she did not even bother to say, "unless you qualify for an exemption under RCW 9.41.060"..a very good indication of how deeply she looked into the question.
 
Top