Open Carry - Under 21

imported post

If I own a handgun (which is legal according to RCW) and I'm under 21, am I also allowed to OC?

I've searched up and down the place and I haven't found an answer to this.




Thank you,
Ryan

imported post

RCW 9.41.240

imported post

Thanks, I must've missed that.

imported post

I know that answer is kind of a bummer, but on the bright side it does mean that you can have a gun at home/on your property. This may be pretty limited, but knowing that it was legal for someone under the age of 21 (but over 18) to possess a handgun at home propted me to buy my girlfriend a handgun for home defense while I'm at work. I'm 23, and she's not quite 21 yet, so she can't carry it with her away from the house, but she feels much more comfortable at home knowing that it is there.

I should also point out that she's really talented with it, and has started to be pretty good competition for myself at the range :lol:

Also, when out and about, I usually carry both of the guns. I have my sig on my hip and her Bersa in the small of my back. It's not a perfect solution, but if anything happened it's just as fast for her to draw it from me as it would be for her to draw it herself, and besides, in a self defense situation, she knows that the drill is to get behind me. If you have a friend with a CCW that you spend a lot of time with, you could ask him to carry your gun as well when your hanging out. I know it's not the best option, but it's something. I imagine you wouldn't be holding your friends hand though, so it might not be as fast for you to access, lol. :shock:

imported post

I was actually hoping to carry it at my work, which has been robbed twice in the past two weeks.

I've settled on a somewhat effective handgunless situation however, so I don't need to OC anymore.


Also, is it safe to wear a pistol in the SOB position? I've heard stories (total hearsay, but it makes sense to me) about people wearing SOB handcuffs or pistols who fall down on their backs and get lifetime back/spine pain.

imported post

There appears to be a catch-all exemption for " (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper;"

This is known as "fanny pack carry" in Illinois, where it is legal in many parts of the state to carry an unloaded gun in a fanny pack.

Is it legal to have the magazine with the unloaded gun inside the fanny pack? Perhaps someone else can tell us how WA law defines "unloaded".

imported post

The law banning carry of loaded firearms on indivicuals < 21 needs to be repealed. If an 18 year old person is old enough to be defending the country in the military, they are old enough to be defending themselves at home.

imported post

I do agree with you about the under 21 thing, it does seem a bit odd, especially when the military trusts 18 year old soldiers to qualify with handguns.

As for the fanny pack idea, that may not work too well in my case, as I would need to be able to draw the pistol faster than the robber, who has already begun to produce a firearm from his belt, and then I would still need to load the handgun.


But it could work if I practiced enough at it using the "Jelly Bryce" method.


Thank you.

imported post

jim_dandy wrote:

I was actually hoping to carry it at my work, which has been robbed twice in the past two weeks.

Click to expand...

As I understand it, you may carry concealed or openly at work, as long as your workplace sounds like it is a "fixed place of business."

I don't think it is explicitly stated in the RCWs, but if you're using the place of business rule to make your carry legal, I personally would only do that with permission of the business owner. Here's why: If you are confronted by police who think it is illegal (when it is not), they make a scene and argue with you in front of your boss, and your boss decides he's had enough. You're fired. At that moment, in front of the police officers, you become a criminal. It's not your place of business anymore. On the other hand if your boss is supportive, then have at it. You can carry openly or concealed without a license and without being 21, as long as you're at your fixed place of business.

But then you can't carry outside of work at all, unless it is unloaded and in an opaque container. So you can box it up, go to work, load it and carry all day (bring your lunch and eat in), then unload and box it up to go home. Might be more trouble than it's worth, but it's your right and your choice.

--Sandy (WA)

imported post

I may be totally wrong, but as I remember it the fixed place of business rule only applies to someone with ownership. Of course your boss could make you a 1/100th of a percent owner to get around this rule.

imported post

Since the law does not give a meaning to "fixed place of business" I would have to say that this is a very grey area.

However if you look at some gun shops there are employees that are under 21 working there that carry openly. I happen to know of a kid that used to work with my wife who left to work for Sams gun shop and he was under 21 at the time and carried openly on the premises.

imported post

Usually to be considered an owner you must have at least a 10% interest, othwise if you own 1 share of stock you are now an owner. Most federal and state revenue laws look at it in that way.

imported post

I don't think my boss would fire me in front of a police officer and make me criminal since he's been a friend of the family for nearly 20 years. Hence me having the job in the first place.

As for carrying it unloaded to and from my work, I was ready to do that.

Plus, the police officers who responded to the robberies, and the detectives investigating the crimes were fairly supportive as well, but I would still like to be in the legal clear before I do anything.

imported post

There seems to be an exception for outdoor recreational activities as well:

RCW 9.41.240: "Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies..."

RCW 9.41.060: "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..."

So still no go for SD carrying around town, etc. But you should be able to protect yourself at work and in the woods!

imported post

To the research question, for the purposes of the "Minimum Age to OC", it is 21 in Washington State.