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OC without CC permit - how to drive from place to place?

amlevin

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Feb 16, 2007
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swift wrote:
Just a quick update on my CCW permit process @ the Island County Sheriff's office. Today is officially day 29 of the required 30 day wait (for them to check to see if my background check paperwork is back), but I tried calling to see if they could check to see if the background check came back a day early. It turns out that it still isn't there, and they said that they actually don't work with the FBI directly - she told me that they submit the paperwork to the State Highway Patrol and that the Island County Sheriff's office has to wait for 30 days before they can call the State Highway Patrol to ask them why the results have not been sent back to Island County yet. So she said I can call on Friday, and if it still isn't there, that she can then call the State Patrol to ask why. I got the impression that this is routine - that they always have to call on day 30 & then soon after the paperwork finally arrives.

Don't we just love bureaucracy?

PS - as a sidenote she also mistakenly believes that WA law REQUIRES the sheriffs office to wait a MINIMUM of 30 days before they can issue a CCW permit. Don't you just love officials who can't read the law they are supposed to support? I didn't bother correcting her because I don't want to make her mad until I have my CCW permit in hand. I do plan to print out the law & give them a copy right AFTER I get my CCW permit. I might as well educate them to make it easier on Island County residents who want a permit in the future. :)

RCW 9.41.070

(1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.


The law clearly states that they have a MAXIMUM of thirty days to issue after the filing of an application but also no restriction against issuing one earlier. It is not required that the entire 30 days beused but it is fairly common to do so.

It has no provision for a slow process although if you are issued a license, and the background check comes back unfavorable, be assured that the license will be cancelled and the issuing authority will then come looking to see if there were any "lies" in the application. If there were one can then expect to be prosecuted for giving false statements.

If they haven't issued the CPL after 30 days from the application date (minus any legal holidays, just to be fair), then they are in violation of the code provision.
 

Eugene Oppe

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I got my original CPL in Anacortes ten years ago. I was originally told that it would be mailed. After six weeks I went in to see what was taking so long and was told that it wasn't ready yet that the chief hadn't signed it. Twenty minutes later I walked out with it in hand. The last time I renewed was in Sedro-Woolley and I was told that it would be mailed in two or three days. When I went in to the station a week later the new CPL was there but still sitting on someones desk.
 

swift

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Peoria, Arizona, USA
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Good news - I called this morning & was told that the background check paperwork was there now, but that they needed to complete the paperwork of issuing the actual CCW. They said if they are able to, they will finish sometime today, but that they would call me if & when they are done with the paperwork.

I then asked if it is possible to get it done today before noon, depending on how their schedule is, I'd really appreciate it. She said she'd see what she could do, and would call me when done.

About half an hour later, I had the pleasant surprise that she called & said it was all done. I can now go & pick it up. I'll finally be able to open carry in my car in WA. Happy day. :)

I plan to print out the 30 day provision & bring it in, just for their edification. But I'll wait until I have the CCW in my hand just in case they get mad. :cool:
 

400

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If a firearm must be unloaded to OC in a vehicle or one must have CPL for it to be loadeddoes thismean that alloccupents of vehicle's tansporting money (Brinks, Wells Fargo Etc.) have CPL's?
 

joeroket

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400 wrote:
If a firearm must be unloaded to OC in a vehicle or one must have CPL for it to be loadeddoes thismean that alloccupents of vehicle's tansporting money (Brinks, Wells Fargo Etc.) have CPL's?
Those folks are a different story. They are licensed armed guards. There are a whole set of laws/rules that deal with them. They are only allowed to carry to, at, and from work. Anything other than that and they fall under the same laws other citizen does.
 

zoom6zoom

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Another funny thing - the Washington permit is valid in a lot more states than WA considers valid. For example, AZ recognizes the WA permit even though WA does not recognize the AZ permit.
That's the difference between "honors" and "has reciprocity".
 

G27

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You all had to get your licenses in the mail!? They gave me mine right at the station. Sheriff signed it and laminated it for me, too. Wow.. I guesswe (and everyone else in Kitsap County)are overly spoiled. :shock:
 

Bear 45/70

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swift wrote:
Thanks! :)

Also, does anyone know the law that says what is consered "unloaded" - ie can I place a loaded magazine in the same gun case as the gun, as long as the loaded magazine is not inserted into the gun (& also the gun chamber is empty as well)?

I know some states say that if you have a loaded magazine near the gun then the gun is considered "loaded" even though it isn't in the gun.

I did find the below WA law, but I'm not sure if it only applies to the rifles & shotguns being discussed, or if it also applies to pistols:

RCW 77.15.460 :
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if: (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed. [...] (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
Applies to rifle, shotguns and other long guns. Nothing about handguns.
 

Mightybigjosh

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Arlington, Washington, USA
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RCW 9.41.070
...However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

If you applied as a non-resident, they have upto 60 days, not 30. Sorry bout that
 

Drewesque

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Bear 45/70 wrote:
swift wrote:
Thanks! :)

Also, does anyone know the law that says what is consered "unloaded" - ie can I place a loaded magazine in the same gun case as the gun, as long as the loaded magazine is not inserted into the gun (& also the gun chamber is empty as well)?

I know some states say that if you have a loaded magazine near the gun then the gun is considered "loaded" even though it isn't in the gun.

I did find the below WA law, but I'm not sure if it only applies to the rifles & shotguns being discussed, or if it also applies to pistols:

RCW 77.15.460 :
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if: (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed. [...] (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
Applies to rifle, shotguns and other long guns. Nothing about handguns.
RCW 9.41.050 covers handguns.
 

cut_cutta

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I applied for mine in the Sheriff's department attached to the court house in Mount Vernon, Skagit County (close to Island county). No problem there. About 10 days after I applied, got it in the mail. Only thing that sucks is they dont offer laminating service.
 

John Henry

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joeroket wrote:
The definition of loaded per RCW 9.41.010 is as follows;

9) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.


Basically if you do wht gregma does when his wife has the car you will be fine.


On a side not I have gotten both my CPL's in my mailbox within 4 days in Snohomish County.
So I can have my unloaded gun on my car seat or in a holsterand the magazine in my pocket? It looks like I don't need to put the gun in a locked box?
 

Drewesque

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[align=left]RCW 9.41.060 says that it must be unloaded in a "closed opaque case or secure wrapper." This means the seat of the car or in a holster are out. Locked is unnecessary, but visible is not allowed.

I really wish we actually allowed open firearm carry in vehicles...it'd be so much simpler.
[/align]
 

joeroket

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John Henry wrote:
joeroket wrote:
The definition of loaded per RCW 9.41.010 is as follows;

9) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.


Basically if you do wht gregma does when his wife has the car you will be fine.


On a side not I have gotten both my CPL's in my mailbox within 4 days in Snohomish County.
So I can have my unloaded gun on my car seat or in a holsterand the magazine in my pocket? It looks like I don't need to put the gun in a locked box?

You do have to have it in a opaque case. If you were to have it in a range bag or other type of case, even a zippered pistol case, as far as I know,with no magazine inserted or round chambered, you are OK. Also you can have the loaded magazine with the gun, they do not have to be in seperate locations just that it is not inserted and locked in place in the magwell.
I think Lonnie once posted a court case that dealt with whata "case" is but I am not sure that still applies as it was dealing with the repealed "case and carry" law if memory serves me correct.

Technically you could have the magazine in the magwell as long as it is not locked in, I however would not advise this because it will lead to unwanted police activity if they do find it that way.
 

joeroket

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Drewesque wrote:
[align=left]I really wish we actually allowed open firearm carry in vehicles...it'd be so much simpler.
[/align]
It is allowed but you must have a permit to do it. Nothing keeps a permit holder from having a visible firearm in a car, loaded or not. You would probably be stopped alot if it was visible by other motorists though because, as we see with OC'ing, it is not common practice.
 

Drewesque

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Yeah, Joe, I know that CHL holders can open carry in their vehicles, but I'm talking about open carry without a permit. After all, there areplenty ofpeople who don't want to add their name to a list of registeredgun owners.

Of course, in a perfect world, we'd all be able to carry however we want without begging the government for permission.
 

Bear 45/70

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Drewesque wrote:
[align=left]RCW 9.41.060 says that it must be unloaded in a "closed opaque case or secure wrapper." This means the seat of the car or in a holster are out. Locked is unnecessary, but visible is not allowed.

I really wish we actually allowed open firearm carry in vehicles...it'd be so much simpler.
[/align]
Oregon requiresyour gun to be in plain sight, on the seat, consoleor dash board in the car if you don't have a CPL, which makes more sense than Washington's law.
 

John Henry

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Thanks Drewesque & Joeroket for the info.

Bear 45/70- Does Oregon law require your gun to be unloaded?
 
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