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Thread: PISTOL-LOADED IN VEHICLE

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    My ex-husband had a PISTOL-LOADED IN VEHICLE in Washington State can anyone tell me where to find charges on this type of issue, he also faces OBSTRUCT LAW ENFORCEMENT OFFICER as they had to tazzer him. My daugther is concerned of the charges her father may face and I am trying to help her understand.



    Thanks:shock:





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    I just responded to this question you posed in another thread but here ya go again. A better question is has yourex ever been arrested for a felony or domestic assault crime? (just going off the fact he has had a scuffle with the law apparently)

    Note: If he has a Concealed Weapons Permit than their is no problem with a loaded firearm in his vehicle.

    9.41.050 Part 2.A. http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050

    For legally carrying in a vehicle without a permitthe weapon needs to be handeled as such:

    9.41.060 Part 9 http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060


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    Thanks, sorry I posted twice new to this sight. No he has never been in trouble with the law. I believe they stopped him for DUI but after finding the gun and having a scuffle with officers they didn't charge him with that as the office said your in enough trouble.

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    He has no permit to carry a firearm and I am sure it wasn't even registered

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    SBrzInSftly wrote:
    Thanks, sorry I posted twice new to this sight. No he has never been in trouble with the law. I believe they stopped him for DUI but after finding the gun and having a scuffle with officers they didn't charge him with that as the office said your in enough trouble.


    Drinking while carrying is one thing most of us (I believe)on here have a tendency to avoid. I hope the weapon was in his car the whole night and that he didn't carry it into a bar. Carrying into any place that is restricted to 21 and older is also illegal in WA.

    Anyways, welcome to the board. You might want to check out the Gun Rights Pamphlet. It has a lot of information regarding weapons legalities and it has RCW code listings as well.

    Linky: http://opencarry.mywowbb.com/attachment.php?id=2015

    Edit: Now that you have stated he doesn't have a permit, again, keeping a loaded firearm in your vehicle without one is illegal. No way around that.


    Edit Again: I believe it is a misdemeanor... but I am not a lawyer and I don't play one on tv either.


    Edit Again Again: Changed incorrect posting.


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    Thanks for your help I greatly appreciate it. I really want to educate myself as I want to put my daugther at ease that everything will be ok so she doesn't have to be scared and cry anymore about it. I hope he has a good lawyer and he should have been charged with the DUI in my opinion as he does have a drinking problem maybe this entire ordeal will wake him up to that.





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    As an FYI there is no mandatory gun registration in this state.

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    David.Car wrote:
    SBrzInSftly wrote:
    Thanks, sorry I posted twice new to this sight.** No he has never been in trouble with the law.** I believe they stopped him for DUI but after finding the gun and having a scuffle with officers they didn't charge him with that as the office said your in enough trouble.

    Drinking while carrying is one thing most of us (I believe)*on here have a tendency to avoid. I hope the weapon was in his car the whole night and that he didn't carry it into a bar. Carrying into any place that is restricted to 21 and older is also illegal in WA.

    Anyways, welcome to the board. You might want to check out the Gun Rights Pamphlet. It has a lot of information regarding weapons legalities and it has RCW code listings as well.

    Linky: http://opencarry.mywowbb.com/attachment.php?id=2015

    Edit: Now that you have stated he doesn't have a permit, again, keeping a loaded firearm in your vehicle without one is illegal. No way around that.


    Edit Again: I believe it is a class C felony... but I am not a lawyer and I don't play one on tv either.


    Is there pamphlet like that for the state of wyoming?

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    mdguy90 wrote:
    Is there pamphlet like that for the state of wyoming?
    Dunno. Ask the Wyoming folks.

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    sv_lib,

    There's not even an optional registration process, is there? I don't think I could walk into the PC Sheriff or TPD office, say "I'd like to register my handgun", and have them do anything meaniful with the information, even if the did patronize me by taking it down.

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    David.Car,

    Where do you see that it's a class C felony?

    RCW 9.41.050 (2)(b) specifies that it is a misdemeanor to carry a loaded handgun in a vehicle w/o being a CPL holder.

    RCW 77.15.460 (3) says it's a misdemeanor to carry a loaded rifle or shotgun in a vehicle.

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    Keep in mind that the final charges are up to the prosecutor.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    The REAL thing to worry about is not the weapons charge itself, but them using it as a Firearms Enhancement to the Drunk Driving Charge. They could only do that if he is charged with Felony Drunk Driving, but the implications are large.

    Is this his first DUI?

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    kparker wrote:
    David.Car,

    Where do you see that it's a class C felony?

    RCW 9.41.050 (2)(b) specifies that it is a misdemeanor to carry a loaded handgun in a vehicle w/o being a CPL holder.

    RCW 77.15.460 (3) says it's a misdemeanor to carry a loaded rifle or shotgun in a vehicle.

    I know it has been covered that it is a misdemeanor to carry a loaded weapon in a vehicle when you don't have your CPL with you, even if you have it...

    Let me go pull up the RCW and I will edit this post.


    Edit: Kparker, I was mistaken it is only a misdemeanor. Found a thread about how idiotic it was that it was only a misdemeanor... So there ya go... Original post corrected.

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    SBrzInSftly wrote:
    My ex-husband had a PISTOL-LOADED IN VEHICLE in Washington State can anyone tell me where to find charges on this type of issue, he also faces OBSTRUCT LAW ENFORCEMENT OFFICER as they had to tazzer him. My daugther is concerned of the charges her father may face and I am trying to help her understand.



    Thanks:shock:



    As I read this the "OBSTRUCT LAW ENFORCEMENT OFFICER " could be the most expensive charge if filed. DUI can be expensive monetarily with Legal, Insurance, and Rehab costs. Jail for the first couple of offenses is rare in WA although possible. Any "resisting charge" if addedcould cost jail time if the Prosecutor.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Why don't you go to a cop? No one on here is an expert and not all can answer questions correctly.
    ~Samantha~

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    Hot_Every_Night wrote:
    Why don't you go to a cop? No one on here is an expert and not all can answer questions correctly.
    Better yet, you can get a copy of the arrest report and charging documents by going to the court of jurisdiction. You might have to wait until charges are formally filed to get it.

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    Hot_Every_Night wrote:
    Why don't you go to a cop? No one on here is an expert and not all can answer questions correctly.
    I am not sure a cop can sort this out for you. It sounds like time to go to your/his attorney to see what options are available. If you/he does not have one then it is time to lawyer up. Trying to go this alone is a good way to find out how fast and heavy the book is.

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