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Carry on the Water

sigfan

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Nov 10, 2010
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Semi-closed account
Long story short:

I have a boat. How should I think about carry while in the water? I am in uncharted territory for myself here. Am I legal in the lakes? In the sound? Anywhere as long as I don't dock? What's the story? Thanks in advance.
 

Whitney

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Jan 12, 2010
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435
Location
Poulsbo, Kitsap County, Washington, USA
Me too

You are legal on the water, the same RCWs apply; it matters not if you are docked or underway.
FWIW I have had many good encounters at the boat ramp, and sometimes, a little crab goes a long way.

~Whitney
 

Knowledge

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Joined
Mar 4, 2012
Messages
108
Location
Everett, WA
Good rule of thumb

1) Are there any laws that prohibit it?
2) Are there any laws that restrict it?
3) Private vs public

I would check the RCW to see if a boat is defined as a motor vehicle. If it is then you have to have a CPL to carry loaded or concealed.
 

mikeyb

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Feb 19, 2013
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Location
Bothell
I would check the RCW to see if a boat is defined as a motor vehicle. If it is then you have to have a CPL to carry loaded or concealed.

It would be a moot point considering that being on a boat is a decidedly outdoor activity, and under 9.41.060 it exempts the concealed prohibition from 9.41.050.
 

OC for ME

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RCW 9.41.060: Exceptions to restrictions on carrying firearms
(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;
I would consult a lawyer/attorney view this or research and case law. If a boat is a motor vehicle just like a car then you will need a CPl. Cuz you use a car to travel to and from. Boating is a recreational activity but is driving/riding in a boat only considered to be one of the "recreational activity such as...." activities.
 

sirpuma

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Nov 1, 2007
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905
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Deer Park, Washington, USA
I would consult a lawyer/attorney view this or research and case law. If a boat is a motor vehicle just like a car then you will need a CPl. Cuz you use a car to travel to and from. Boating is a recreational activity but is driving/riding in a boat only considered to be one of the "recreational activity such as...." activities.

Generally speaking people don't take a boat to commute to work. They don't take a boat to pick the kids up from school. You don't see boats cruising around the local mall parking lot. While they may seem like a motor vehicle and are registered like one, boating is most definitely an "outdoor activity". After all, I've never seen someone water skiing inside a mall or the Mariners stadium. Most people use a boat to ski, fish, crab, diving or just to cruise around the sound looking at the sights, like hiking on the water.

The term "such as" means that the list of recreational activities includes that listed but is not limited to.
Here's my compromise. Boat on land, have your CPL to carry loaded. Boat on water, yea for outdoor activities. :banana:
 
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rapgood

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Jan 9, 2012
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598
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Stanwood, WA
Boats are included in the definition of motor vehicles in RCW, with the exception of Washington State Ferries which have their specific definition as being part of the highway system that carries vehicles.

Correct. If a bicycle is considered a vehicle for purposes of 9.41, it is a safe bet that a boat qualifies as one, as well.
 

EMNofSeattle

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Now the only definition of vehicle I can find in state law (RCW 46.04.670) does not seem to include boats (or trains for that matter) it includes any vehicle capable of being moved or drawn upon a public highway, and does not include any device except a bicycle powered exclusively by human or animal power...
 

slapmonkay

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Montana
Now the only definition of vehicle I can find in state law (RCW 46.04.670) does not seem to include boats (or trains for that matter) it includes any vehicle capable of being moved or drawn upon a public highway, and does not include any device except a bicycle powered exclusively by human or animal power...

See RCW 46.70.011, which defines 'motor vehicle' with the definition provided I would say a boat would apply. However, you need to scope the definition to the respected sections of code. I could not tell what you were trying to look up.

RCW 46.70.011 said:
(9) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and which is required to be registered and titled under this title.

(16) "Vehicle" means and 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, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
 
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EMNofSeattle

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See RCW 46.70.011, which defines 'motor vehicle' with the definition provided I would say a boat would apply. However, you need to scope the definition to the respected sections of code. I could not tell what you were trying to look up.

but the RCW 9.41.050 does not prohibit one from from carrying a firearm on a motor vehicle it prohibits one from carrying in a Vehicle
 

slapmonkay

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but the RCW 9.41.050 does not prohibit one from from carrying a firearm on a motor vehicle it prohibits one from carrying in a Vehicle

The 'vehicle' definition may apply to a boat if the state considers the waterways a public highway... Just thinking out loud. I have not looked into it.
 

rapgood

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Jan 9, 2012
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598
Location
Stanwood, WA
Now the only definition of vehicle I can find in state law (RCW 46.04.670) does not seem to include boats (or trains for that matter) it includes any vehicle capable of being moved or drawn upon a public highway, and does not include any device except a bicycle powered exclusively by human or animal power...

Watercraft are defined as "vessels" and are regulated by RCW 79A.60.xxx.

Since "vehicle" is not defined in RCW 9.41, the courts will look to a dictionary, which defines it as: 1. any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport: a motor vehicle; space vehicles.

Although RCW 46.61.502 - Driving under the influence refers only to "vehicles" and not "vessels," DUI in a boat is prosecuted just as if the act occurred in an automobile.

Courts are not bound by the definition of "vehicle" for purposes of Title 46 when determining what a "vehicle" is for the purposes of other titles in the RCWs. I'm pretty sure that a court will consider a "vessel" a "vehicle" for purposes of Title 9. But, if you want to test it, let me know how that works for you.
 
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EMNofSeattle

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S. Kitsap, Washington state
Watercraft are defined as "vessels" and are regulated by RCW 79A.60.xxx.

Since "vehicle" is not defined in RCW 9.41, the courts will look to a dictionary, which defines it as: 1. any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport: a motor vehicle; space vehicles.

Although RCW 46.61.502 - Driving under the influence refers only to "vehicles" and not "vessels," DUI in a boat is prosecuted just as if the act occurred in an automobile.

Courts are not bound by the definition of "vehicle" for purposes of Title 46 when determining what a "vehicle" is for the purposes of other titles in the RCWs. I'm pretty sure that a court will consider a "vessel" a "vehicle" for purposes of Title 9. But, if you want to test it, let me know how that works for you.

But DUI in a boat is not charged under 46.61.502...it's charged under 79A.60.040

Still I believe you enough not to attempt carry on a boat until I get a CPL....
 
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