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OC Legal, but what are laws regarding vehicles, et al?

mmartinek

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I understand the laws regarding OC, but the laws regarding when it becomes CC seems a little fuzzy to me. I'll be applying for a CCP soon and one of the ways I'm interpreting the law is that if you enter a vehicle your OC then becomes a matter of CC.

Is it conditional being that a CCP is required only if there is a round in the chamber?

Could anyone shed some light on this, please?

Thanks!

PS-- New here! I'm originally from the midwest and Texas. Been in WA for about five years now and recently purchased a Glock 23C. And loving every moment of it. Becoming more familiar with the law regarding OC before I go and actually do it.. but I've seen a couple people doing it already in the Ballard area. Didn't bother me at all.. and I didn't even realize open carry was legal here at the time.
 

Dr. Fresh

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Washington State law basically says you can't have a loaded gun of any kind in your car. That includes long guns and handguns.

They make an exception for people with a CPL, and that exception only covers handguns. So if you have a CPL you can carry a loaded handgun in your car, but still no long guns. It doesn't matter if the weapon is visible or not.

OC is legal outside your vehicle, subject to the same restrictions as CC (no carry in bars, etc.) but no permit is required for OC.
 

mmartinek

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Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

Not that I intend on walking around with a round in the chamber, but it sounds like a bit of a hassle to get in my car and remove the magazine then toss it in a pouch.. and a bit strange to walk around with no magazine in the firearm.

Still looking around, too. Posted here in case I can get an answer sooner/can't find a good answer on the web.
 

amlevin

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mmartinek wrote:
Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

In Washington State, if a loaded magazine is inserted in the weapon it it considered loaded regardless of whether the chamber contains a round. This also includes a magazine that is inserted upside down in a rifle such as an AR.

It is, however legal to have the loaded magazine or ammo attached to the outside of the weapon. Examples would be a loaded magazine in a buttstock pouch or shotshell rounds in a side saddle type holder. Nothing INSIDE however.
 

mmartinek

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amlevin wrote:
mmartinek wrote:
Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

In Washington State, if a loaded magazine is inserted in the weapon it it considered loaded regardless of whether the chamber contains a round. This also includes a magazine that is inserted upside down in a rifle such as an AR.

It is, however legal to have the loaded magazine or ammo attached to the outside of the weapon. Examples would be a loaded magazine in a buttstock pouch or shotshell rounds in a side saddle type holder. Nothing INSIDE however.
Awesome. That really helps clarify things. So basically, without a CCP I would need to remove the magazine from the firearm and throw it in a pouch on the same belt as my holster. Seems a little pointless to me, but whatever. :D I plan on getting my CCP soon enough so it will only be a temporary inconvenience.

Thanks to everyone for the great responses. If anyone else has information to share, I'm definitely willing to check it out.
 

Richard6218

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mmartinek wrote:
Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

Not that I intend on walking around with a round in the chamber, but it sounds like a bit of a hassle to get in my car and remove the magazine then toss it in a pouch.. and a bit strange to walk around with no magazine in the firearm.

Still looking around, too. Posted here in case I can get an answer sooner/can't find a good answer on the web.

Chapter 9.41 of the Revised Code of Washington (RCW) defines the State's regulation of firearms in general. These can be found here:

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41

It's a good idea to become familiar with the workings of 9.41. Sections I would recommend in particular are 9.41.050, -070, -.270, -290 and -.300. Any time you havea question about the law you can usually find the answer in the RCW. And watch the postings on this forum. You can learn a lot because there are a lot of pretty knowledgeable people here.

I can't put my finger on a definition of "loaded" but it's reasonable to define that as the presence of ANY rounds in the weapon, either in the magazine or in the chamber.

This section should answer your specific question:

[align=right][/align]
Section 9.41.050

Carrying Firearms[/b]

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.

(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.

(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
 

Mike

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Richard6218 wrote:
Section 9.41.050

Carrying Firearms[/b]

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
This sub-section is important - the handgun need not be loaded to make it a crime to carry one concealed on her person - generally, in most states any concealed handgun within arms reach of person while in her vehicle is considered concealed on or about her person and illegal unless one possesses a license to conceal.

I think a lot of people reading the thread above might erroneously conclude that they can carry say an encased unloaded handgun inside their vehcile without a license.
 

mmartinek

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Mike wrote:
Richard6218 wrote:
Section 9.41.050

Carrying Firearms

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
This sub-section is important - the handgun need not be loaded to make it a crime to carry one concealed on her person - generally, in most states any concealed handgun within arms reach of person while in her vehicle is considered concealed on or about her person and illegal unless one possesses a license to conceal.

I think a lot of people reading the thread above might erroneously conclude that they can carry say an encased unloaded handgun inside their vehcile without a license.
I guess my next question then, is it considered concealed to have it in the vehicle? As I understand it now, it is legal to have an unloaded firearm in the vehicle with you when you're wearing it. However, is the vehicle considered to be a form of concealment? If that is the case, a concealed carry permit would be required to be able to use your vehicle at all.. and I guess that's my primary concern. I do not have a permit to conceal yet, and my concern is primarily the "gotcha" with the vehicle. I've already figured out the other ones from posts and reading around on the net for little "gotchas", such as jackets and coats during winter.
 

Bill Starks

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I think a lot of people reading the thread above might erroneously conclude that they can carry say an encased unloaded handgun inside their vehcile without a license.
Mike, In the state of Washington you would be correct.

See section (2)(a)
A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
 

Tawnos

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I'd like to point out that most of this is addressed in the FAQ: http://opencarry.mywowbb.com/forum55/15411.html

The short version:
OC legal in most places EXCEPT:
1) Carry of any sort in vehicles requires a CPL.
2) Carry into certain government buildings.

But please, read the FAQ for more info, sv_libertarian put a lot of effort into it and has done a pretty good job, so respect that :).
 

Mike

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mmartinek wrote:
I guess my next question then, is it considered concealed to have it in the vehicle? As I understand it now, it is legal to have an unloaded firearm in the vehicle with you when you're wearing it. However, is the vehicle considered to be a form of concealment? If that is the case, a concealed carry permit would be required to be able to use your vehicle at all.. and I guess that's my primary concern. I do not have a permit to conceal yet, and my concern is primarily the "gotcha" with the vehicle. I've already figured out the other ones from posts and reading around on the net for little "gotchas", such as jackets and coats during winter.

You need to comply with each section of the statute - not just the one associated with vehicles per se.

It would appear to me that you could open carry an UNLOADED handgun in a vehicle without any permit.

What does open carry in a vehicle in Washington look like? You need to research the case law, if there is any, but for sure it is likley not some handgun hidden from observation in an unlocked case or anthing else inside the vehicle compartment.

Frankly I would forget about possessing a handgun inside a vehicle compartment unless you have the concealed permit.
 

Brad Cowin

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amlevin wrote:
mmartinek wrote:
Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

In Washington State, if a loaded magazine is inserted in the weapon it it considered loaded regardless of whether the chamber contains a round. This also includes a magazine that is inserted upside down in a rifle such as an AR.

It is, however legal to have the loaded magazine or ammo attached to the outside of the weapon. Examples would be a loaded magazine in a buttstock pouch or shotshell rounds in a side saddle type holder. Nothing INSIDE however.
I don't think that is entirely correct. Ammo attached to your weapon, yes, but a loaded mag attached, no.

RCW 77.15.460Loaded firearm in vehicle — Unlawful use or possession — Penalty.
(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.

(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;

(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

(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.
 

joeroket

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Brad Cowin wrote:
amlevin wrote:
mmartinek wrote:
Hmm. What do they use as a definition for loaded?

Does this mean that when I get in my car I need to remove the magazine from the firearm? Or does it just require that there be no round in the chamber?

In Washington State, if a loaded magazine is inserted in the weapon it it considered loaded regardless of whether the chamber contains a round. This also includes a magazine that is inserted upside down in a rifle such as an AR.

It is, however legal to have the loaded magazine or ammo attached to the outside of the weapon. Examples would be a loaded magazine in a buttstock pouch or shotshell rounds in a side saddle type holder. Nothing INSIDE however.
I don't think that is entirely correct. Ammo attached to your weapon, yes, but a loaded mag attached, no.

RCW 77.15.460Loaded firearm in vehicle — Unlawful use or possession — Penalty.
(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.

(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;

(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

(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.
The RCW you quoted is not applicable to the discussion. The applicable RCW is 9.41.010 section 9. According ot it the magazine must be inserted into the action and as amlevin said it does not matter if it is inserted correctly or not.

(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.
 

Brad Cowin

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Right on, good to know. Thanks for the clarification.


Edit: Just curious where that specific definition of loaded ever applies to a rifle or shotgun? I dont see the term rifle / shotgun / long gun ever used in RCWs 9.41.XXX.
 

joeroket

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The definition of loaded in 9.41 does relate to long guns also in some of the subsections. 9.41.280 (3)f would apply to long guns as well as pistols. The definition of loaded as per 77.15 only applies to fish and wildlife violations as the code itself states "For the purpose of this section". The code in 9.41 applies it's loaded definition to everything else.

The real question I think is can you have a loaded pistol in the vehicle if you have a CPL when you are hunting?
 

Brad Cowin

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So where is the law that says no loaded long guns in a vehicle besides the fish and wild life sections. The difference I am seeing is 9.41.280 says "any firearm" which is very clearly defined. Where as 9.41.050 only refers to a pistol, not firearm.

What am I missing here? :uhoh:
 

joeroket

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Brad Cowin wrote:
So where is the law that says no loaded long guns in a vehicle besides the fish and wild life sections. The difference I am seeing is 9.41.280 says "any firearm" which is very clearly defined. Where as 9.41.050 only refers to a pistol, not firearm.

What am I missing here? :uhoh:
I am not aware of one that says you cannot have a loaded long arm in a vehicle except for the 77.15.460. There is not one that I see under 9.41.
 

911Boss

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Mike wrote:
Richard6218 wrote:
Section 9.41.050

Carrying Firearms

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
This sub-section is important - the handgun need not be loaded to make it a crime to carry one concealed on her person - generally, in most states any concealed handgun within arms reach of person while in her vehicle is considered concealed on or about her person and illegal unless one possesses a license to conceal.

I think a lot of people reading the thread above might erroneously conclude that they can carry say an encased unloaded handgun inside their vehcile without a license.
That may be the case in VA, but in WA. it is not.

In WA. you can carry an encased, unloaded handgun in your vehicle and it is not going to be considered a violation of the "concealed" pistol laws. RCW 9.41.050 clearly says "ON" your person and does not include anything to expand that to include "near, around, or within reach". Uur concealed pistol law specifically addresses a concealed pistol being carried by a person.

There is no law in WA. (that I am aware of) that specifies where in a vehicle the gun should be placed. The laws only specify how they are to be carried (unloaded and in an opaque case or secure wrapper).




mmartinek wrote:
I guess my next question then, is it considered concealed to have it in the vehicle? As I understand it now, it is legal to have an unloaded firearm in the vehicle with you when you're wearing it. However, is the vehicle considered to be a form of concealment? If that is the case, a concealed carry permit would be required to be able to use your vehicle at all.. and I guess that's my primary concern. I do not have a permit to conceal yet, and my concern is primarily the "gotcha" with the vehicle. I've already figured out the other ones from posts and reading around on the net for little "gotchas", such as jackets and coats during winter.
No, for the purpose of the concealed carry law, the vehicle is not considered to be a concealment. The restriction has to do with a person carrying a gun.



M1Gunr wrote
Mike, In the state of Washington you would be correct.

See section (2)(a)
A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
No, in the state of WA. he is IN-correct. The section you cite talks about a LOADED firearm. Mike is suggesting carrying an UN-loaded firearm in a vehicle without a permit would be illegal, because it could be considered "concealed". That is NOT the case.


There are no special restriction or concerns about carrying a gun in your vehicle if it is unloaded and encased. In fact, that is the required method of carrying a gun in your vehicle if you do not have a CPL. So carrying it as prescribed is not considered "concealed".

The relevant RCW's are:


RCW 9.41.050 -Carrying firearms.

(1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

(b) A violation of this subsection is a misdemeanor.


(non-relevant text omitted)


This clearly states a weapon is concealed when it is "ON" your person. The only restrictions regarding vehicles are to restrict a LOADED pistol in a vehicle to those with a CPL.


While that may still leave it up to some interpretation, it is completely cleared up by the following:

RCW 9.41.060 -Exceptions to restrictions on carrying firearms.

The provisions of RCW 9.41.050 shall not apply to:


(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper


(non-relevant text omitted)



So if you are carrying an UNLOADED pistol in a case, you cannot be accused of carrying a concealed pistol. This applies equally to walking down the street or riding in ANY vehicle since there is nothing in the law that restricts the "where" part of the question.

The concern is the "how". If it is unloaded and in an opaque case or secure wrapper, it is not considered "concealed" for the purposes of being a "Concealed pistol", and you cannot be charged under 9.41.050 in such a case.


As far as what is considered "loaded", the previous poster got it right. Basically if there is a bullet anywhere IN the gun, it is considered loaded. Even if it is backwards or the wrong caliber.

Here is another scenario...

I occasionally carry a "Murse" or "Man-bag", essentially a small purse-like satchel with my check book, cell phone, credit cards, etc. It also has a compartment with a built in holster for a gun. Since I have a CPL, I can legally carry a loaded gun in this bag, either in public or in my vehicle. While some might split hairs about whether the gun in a bag carried by me is "on" my person or not, it really doesn't matter since your CPL allows you to carry a concealed LOADED pistol, but doesn't require it actually be ON your person.

The exact same bag also meets the definition of an "opaque case" (black leather), so if the gun inside is UN-loaded, I can carry it in the car, on the bus, walking down the street, or whatever/wherever.

While the gun certainly is concealed from view, since it is UN-loaded and in an "opaque case", 9.41.050 does not apply.

Kind of confusing and doesn't make a lot of sense, but that is the way it works in this state. Just think how confusing things would get without our strong pre-emption law!
 
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