Transporting loaded longgun

nosliw · Feb 26, 2008

imported post

I've read through a few old threads, but didn't come to a solid conclusion.

I've got two homes. I have a 18.5" Remington 870 12G that I use for HD of each house.

Is it necessary for me to unload it before I put it in the car each time? It seems silly. There is nothing in the pipe, just the magazine tube. I can see I'm wearing out the brass rim of each shotshell from constanting loading and extracting.

I put the shotgun in a gunsock when transporting.

What kind of trouble will this get me into?

Thanks

Euromutt · Feb 26, 2008

imported post

nosliw wrote:

There is nothing in the pipe, just the magazine tube. I can see I'm wearing out the brass rim of each shotshell from constanting loading and extracting.

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.

(2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

(3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.

Italics mine; note it says "magazine or chamber."

RCW 9A.20.021:

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.

In addition, RCW 9.41.098 (1)(i) allows a court to order the forfeiture of a firearm "used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed," so the weapon could be conficated, and that in turn would result (under RCW 9.41.075) in the revocation of your CPL (if you have one) for a year.

Does that answer your question?

nosliw · Feb 26, 2008

imported post

yep

guess i'm going to keep doing what i'm doing

thanks.

just_a_car · Feb 26, 2008

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You could also get yourself a Saiga shotgun (12ga, 20ga, or .410) and keep a loaded magazine right there next to it, but seperate from the firearm:

(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.

-RCW 77.15.460

Just keep it off safety and unloaded, then you're two steps from being able to defend yourself:

Insert magazine
Charge weapon

nathan · Feb 26, 2008

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(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

So all police officers unload their shotguns and rifles when they get off duty or leave their jurisdiction??

nathan · Feb 26, 2008

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On an mostly unrelated note, is it legal for me to have an unloaded long gun in a gunrack in my truck when I pick up or drop off my kids at school? I have a CPL.

compmanio365 · Feb 27, 2008

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nathan wrote:

(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

So all police officers unload their shotguns and rifles when they get off duty or leave their jurisdiction??

When I used to ride along with one of the PD departments around here in Washington, the one time we went to a high risk call, they stopped a mile or two out, got the rifles out of the trunk, loaded them there and then went in to the call. After everything was clear, the officer I was riding with unloaded the rifle and put it back in the trunk, and we went on our way.......so I can't say for any other agency, but it seemed to be SOP for that department to keep them unloaded in the trunk until they were needed.

DrewGunner · Feb 27, 2008

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nathan wrote:

On an mostly unrelated note, is it legal for me to have an unloaded long gun in a gunrack in my truck when I pick up or drop off my kids at school? I have a CPL.

I've been told my SPD that when transport a long rifle its has to be out of site in the vehicle (gun rack being a no no). But we all know how incorrect police office can be...

Can anyone confirm that long guns in the gun rack are ok? (as long as there unloaded)

Bear 45/70 · Feb 27, 2008

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DrewGunner wrote:

nathan wrote:

On an mostly unrelated note, is it legal for me to have an unloaded long gun in a gunrack in my truck when I pick up or drop off my kids at school? I have a CPL.

Click to expand...

I've been told my SPD that when transport a long rifle its has to be out of site in the vehicle (gun rack being a no no). But we all know how incorrect police office can be...

Can anyone confirm that long guns in the gun rack are ok? (as long as there unloaded)

Yes, an unloaded long gun in the rack is legal. For a while the laws were weird and racked long gunsweren't allowed in some counties and cities, but the legislaturefixed it the next yearas it was stupid situation. Like you were legal in Mason County but illegal in King countywhich justdidn't work to well. FYI, all the long gun laws are hunting laws and claimed to be in place for your safety. I really see no difference between a loaded handgun in a vehicle and a long gun but they are trying to protect the stupid people out there.

DrewGunner · Feb 27, 2008

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Bear 45/70 wrote:

DrewGunner wrote:

nathan wrote:

On an mostly unrelated note, is it legal for me to have an unloaded long gun in a gunrack in my truck when I pick up or drop off my kids at school? I have a CPL.

Click to expand...

I've been told my SPD that when transport a long rifle its has to be out of site in the vehicle (gun rack being a no no). But we all know how incorrect police office can be...

Can anyone confirm that long guns in the gun rack are ok? (as long as there unloaded)

Click to expand...

Yes, an unloaded long gun in the rack is legal. For a while the laws were weird and racked long gunsweren't allowed in some counties and cities, but the legislaturefixed it the next yearas it was stupid situation. Like you were legal in Mason County but illegal in King countywhich justdidn't work to well. FYI, all the long gun laws are hunting laws and claimed to be in place for your safety. I really see no difference between a loaded handgun in a vehicle and a long gun but they are trying to protect the stupid people out there.

I don't either.

Anyone know the RCW for this, so I have some backup when I get pulled over. :uhoh:

Bear 45/70 · Feb 27, 2008

imported post

DrewGunner wrote:

Bear 45/70 wrote:

DrewGunner wrote:

nathan wrote:

On an mostly unrelated note, is it legal for me to have an unloaded long gun in a gunrack in my truck when I pick up or drop off my kids at school? I have a CPL.

Click to expand...

I've been told my SPD that when transport a long rifle its has to be out of site in the vehicle (gun rack being a no no). But we all know how incorrect police office can be...

Can anyone confirm that long guns in the gun rack are ok? (as long as there unloaded)

Click to expand...

Yes, an unloaded long gun in the rack is legal. For a while the laws were weird and racked long gunsweren't allowed in some counties and cities, but the legislaturefixed it the next yearas it was stupid situation. Like you were legal in Mason County but illegal in King countywhich justdidn't work to well. FYI, all the long gun laws are hunting laws and claimed to be in place for your safety. I really see no difference between a loaded handgun in a vehicle and a long gun but they are trying to protect the stupid people out there.

Click to expand...

I don't either.

Anyone know the RCW for this, so I have some backup when I get pulled over. :uhoh:

I've never had it happen, even when it was illegal in King County and I went a visiting. I still need to get a rack in my 1999 Ranger, only have a seatback rack in it.

Decoligny · Feb 27, 2008

imported post

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

heresolong · Feb 27, 2008

imported post

DrewGunner wrote:

I don't either.

Anyone know the RCW for this, so I have some backup when I get pulled over. :uhoh:

In general laws don't tell you what you CAN do, only what you can't do. The RCW doesn't prohibit you from carrying the rifle exposed, therefore it is legal to carry the rifle exposed. If I were pulled over I would politely ask the officer for an RCW reference as you have been unable to find anything in the RCWs that prohibits you from carrying your "unloaded" rifle in a rack. They will probably back down at that point since they won't be able to give you a cite.

just_a_car · Feb 27, 2008

imported post

Decoligny wrote:

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

Click to expand...

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

This was covered in the very first reply to this thread.... Thanks for stopping by though.

DrewGunner · Feb 27, 2008

imported post

heresolong wrote:

DrewGunner wrote:

I don't either.

Anyone know the RCW for this, so I have some backup when I get pulled over. :uhoh:

Click to expand...

In general laws don't tell you what you CAN do, only what you can't do. The RCW doesn't prohibit you from carrying the rifle exposed, therefore it is legal to carry the rifle exposed. If I were pulled over I would politely ask the officer for an RCW reference as you have been unable to find anything in the RCWs that prohibits you from carrying your "unloaded" rifle in a rack. They will probably back down at that point since they won't be able to give you a cite.

Bear was saying it used to be illegal, so i'm assuming there's an old RCW out there prohibiting it. Is there a new one amending that? Not sure how that works. Just in case the he fills out the old one, then what?

DrewGunner · Feb 27, 2008

imported post

Decoligny wrote:

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

Click to expand...

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

Thanks for clearing that up mom.

heresolong · Feb 27, 2008

imported post

DrewGunner wrote:

heresolong wrote:

DrewGunner wrote:

I don't either.

Anyone know the RCW for this, so I have some backup when I get pulled over. :uhoh:

Click to expand...

In general laws don't tell you what you CAN do, only what you can't do. The RCW doesn't prohibit you from carrying the rifle exposed, therefore it is legal to carry the rifle exposed. If I were pulled over I would politely ask the officer for an RCW reference as you have been unable to find anything in the RCWs that prohibits you from carrying your "unloaded" rifle in a rack. They will probably back down at that point since they won't be able to give you a cite.

Click to expand...

Bear was saying it used to be illegal, so i'm assuming there's an old RCW out there prohibiting it. Is there a new one amending that? Not sure how that works. Just in case the he fills out the old one, then what?

If he cites an RCW that is no longer in force it won't be in the current copy of the RCWs. Deleted RCWs are removed from the book

Decoligny · Feb 27, 2008

imported post

just_a_car wrote:

Decoligny wrote:

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

Click to expand...

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

Click to expand...

This was covered in the very first reply to this thread.... Thanks for stopping by though.

I saw that, and from your response of "Then I'll keep doing what I have been doing" I just thought you maybe misread it.

As long as you are making an informed decision about carrying the shotgun with shells in the magazine tube and are willing to risk the consequences (90 days, $1,000 fine), more power to ya.

Decoligny · Feb 27, 2008

imported post

DrewGunner wrote:

Decoligny wrote:

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

Click to expand...

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

Click to expand...

Thanks for clearing that up mom.

I don't remember rattling your cage, so Shut up and color.

DrewGunner · Feb 27, 2008

imported post

Decoligny wrote:

DrewGunner wrote:

Decoligny wrote:

nosliw wrote:

yep

guess i'm going to keep doing what i'm doing

thanks.

Click to expand...

In your original post you said " There is nothing in the pipe, just the magazine tube."

This appears to me that you are saying that there is no shell in the chamber, but there are shells in the tube magazine.

If this is the case then you are violating the law.

(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.

So, if you get caught, it could be up to 90 days in jail or $1,000.00 in fines.

Click to expand...

Thanks for clearing that up mom.

Click to expand...

I don't remember rattling your cage, so Shut up and color.

I forgot how sensitiveyou cali boyscan be.

Transporting loaded longgun

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