Open Carry Travel On I-5

Thaloc · Nov 28, 2008

imported post

I plan on making a trip from here in wenatchee to Blain to pick up my girl, I do not have a CPL and would like to know how I should go about taking my pistol with me legally. Thanks in advance to anyone providing any help!

Jon

jchen012 · Nov 28, 2008

imported post

You will need a CPL if you are going to be traveling by vehicle. The only way to bring your firearm with you legally would be to have it unchambered and no mag in the firearm while in the car.

Thaloc · Nov 28, 2008

imported post

So, If I dont have it chambered, and the mag is loaded but not inserted, and its all in its case andin plain sight on the back seat im O.K.? or I still need a CPL for that?

Thanks alot for your reply!

3/325 · Nov 28, 2008

imported post

RCW 9.41.050 Carrying Firearms

"(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."

If you do not have a CPL then you "shall not carry or place a loaded pistol in any vehicle."

I don't know what the official ruling is, but it's reasonable that a loaded magazine inserted into an unchambered pistol would still be considered "loaded". Someone shore me up if I'm missing some info here.

Thaloc · Nov 28, 2008

imported post

So I should be good if the mag is loaded but not in the pistol, and both are in inside the gun case and in plain sight?

EDIT: Unless im outside my vehichle in which case i would lock it into the trunk/glove box?

You guys are a great source of info, I really appreciate all this.

3/325 · Nov 28, 2008

imported post

I'm not aware that the gun (or gun case) has to be in plain sight. But the "unloaded" requirement is pretty clear. Bonus if everything is in a case.

And get yourself a CPL, dangit! It's relatively cheap (<$60) and pretty quick. It will allow you to carry (openly and concealed) in your vehicle without having to unload. There is also no requirement (that I'm aware of) to apply in your home county.

jchen012 · Nov 28, 2008

imported post

RCW 9.41.010
(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.

I suggest that if it's in the case unloaded and the mag is not in the firearm, you should not have it in plain sight. Put it under a seat at least.

adamsesq · Nov 28, 2008

imported post

jchen012 wrote:

RCW 9.41.010
(9) "Loaded" means:
(d) There is a cartridge in the tube or magazine that is inserted in the action; or

Click to expand...

This one has me a bit scared without further research. That sure sounds like even having the magazine with you with ammunition in the magazine is defined as loaded, regardless of whether or not it is in the pistol. This sounds like the City of Portland's definition of loaded!

-adamsesq

911Boss · Nov 28, 2008

imported post

adamsesq wrote:

jchen012 wrote:

RCW 9.41.010
(9) "Loaded" means:
(d) There is a cartridge in the tube or magazine that is inserted in the action; or

Click to expand...

Click to expand...

This one has me a bit scared without further research. That sure sounds like even having the magazine with you with ammunition in the magazine is defined as loaded, regardless of whether or not it is in the pistol. This sounds like the City of Portland's definition of loaded!

-adamsesq

Magazine can be "loaded" but as long as the magazine is not in the gun, the gun is "unloaded". At the time the magazine is inserted, it becomes loaded, even if a round has not been chambered.

Basically, bullets "inside" the gun in any way shape or form makes the gun loaded. Even if they are backwards and the wrong caliber...

John Hardin · Nov 28, 2008

imported post

While IANAL, my reading of the law is that you would be legal to carry the pistol openly in a holster while in the car, SO LONG AS there was no round in the pipe and no loaded magazine in the pistol. You could carry in condition III and then put the magazine in your pocket when you get into the car.

And get your CPL so you don't have to worry about this nonsense.

j2l3 · Nov 28, 2008

imported post

3/325 wrote:

And get yourself a CPL, dangit! It's relatively cheap (<$60) and pretty quick. It will allow you to carry (openly and concealed) in your vehicle without having to unload. There is also no requirement (that I'm aware of) to apply in your home county.

If you are a resident of Washington, you will have to apply to the County Sheriff of the county you reside, or the Chief of Police of your city if you live in a city. If you live in the city, you can go to either, if you live in unincorporated areas, you will have to go to that counties Sheriff. Try any place else and they will tell you they can't help you.

If you are a non-resident of Washington, you can apply to any County Sheriff but not a City Chief of Police.

3/325 · Nov 28, 2008

imported post

http://www.dol.wa.gov/business/firearms/faconcealreq.html

The official rules do indeed state that you must go to your local LEA to apply for a CPL. But I'm pretty sure there is at least one member of this board who got his CPL in Kitsap County (showed up in person at the Silverdale SO) while he was a resident of King County. Unfortunately, I can't remember the thread where I read this.

David.Car · Nov 29, 2008

imported post

John Hardin wrote:

While IANAL, my reading of the law is that you would be legal to carry the pistol openly in a holster while in the car, SO LONG AS there was no round in the pipe and no loaded magazine in the pistol. You could carry in condition III and then put the magazine in your pocket when you get into the car.

And get your CPL so you don't have to worry about this nonsense.

This is not correct. It must be in an opaque case.

This has been discussed so many times I am amazed it hasn't been posted yet. RCW 9.41.060 covers "exceptions to restrictions on carrying firearms"

"Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper"

Loaded magazine in the case is fine, just not in the gun.

John Hardin · Nov 29, 2008

imported post

David.Car wrote:

John Hardin wrote:

While IANAL, my reading of the law is that you would be legal to carry the pistol openly in a holster while in the car, SO LONG AS there was no round in the pipe and no loaded magazine in the pistol. You could carry in condition III and then put the magazine in your pocket when you get into the car.

Click to expand...

This is not correct. It must be in an opaque case.

This has been discussed so many times I am amazed it hasn't been posted yet. RCW 9.41.060 covers "exceptions to restrictions on carrying firearms"

"Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper"

I beg to differ.

9.41.050(2)(a) prohibits carry of a loaded firearm in a vehicle without a CPL. A firearm without a round in the chamber and without a magazine inserted is not loaded according to 9.41.010(9), and thus does not fall under 9.41.050(2)(a) (though it does fall under 9.41.050(3)(a), so don't walk off and leave it sitting on the driver's seat...)

I am, of course, assuming the pistol is being carried openly. 9.41.050(1)(a) does not distinguish between loaded and unloaded, so a CPL would still be required in order to carry an unloaded pistol concealed, in or out of a vehicle.

9.40.060(9) is more likely intended to mean carrying a pistol unloaded and in a closed opaque case or secure wrapper is not considered concealed carry. If the pistol is unloaded, then any provisions explicitly referring to loaded pistols (i.e. 9.41.050(2)(a)) aren't relevant, so I can't see how 9.40.060(9) applies to 9.41.050(2)(a) at all.

Again, IANAL.

John Hardin · Nov 29, 2008

imported post

NavyLT wrote:

Well, there are ONLY two things that are illegal according to 050:

1. Carrying a concealed pistol (loaded or not) on your person without a license (and the associated having the license in your possession, etc) and
2. Carrying or placing a loaded pistol in a vehicle without a license.

Not to nitpick (...well, ok, nitpicking is fun), but:

3. Leaving an unloaded pistol in view within an unlocked vehicle.

David.Car · Nov 29, 2008

imported post

John Hardin wrote:

NavyLT wrote:

Well, there are ONLY two things that are illegal according to 050:

1. Carrying a concealed pistol (loaded or not) on your person without a license (and the associated having the license in your possession, etc) and
2. Carrying or placing a loaded pistol in a vehicle without a license.

Click to expand...

Not to nitpick (...well, ok, nitpicking is fun), but:

3. Leaving an unloaded pistol in view within an unlocked vehicle.

and OC is plain view.

3/325 · Nov 30, 2008

imported post

Thaloc, you'll find some Tylenol in the bathroom cabinet, between the shaving cream and the dental floss...

John Hardin · Nov 30, 2008

imported post

Thaloc wrote:

So I should be good if the mag is loaded but not in the pistol, and both are in inside the gun case and in plain sight?

Unless im outside my vehichle in which case i would lock it into the trunk/glove box?

If you are in the vehicle the pistol must be unloaded. If you want to put it into a case with the magazine that's your choice. The case need not be in plain sight.

If you are not in the vehicle but the pistol is, it must be unloaded and locked up out of sight. Glove box works if locked, trunk works. A locking pistol safe cabled to the seat frame and slid under the seat works too, lots of people do that.

If you get a CPL this all becomes a lot simpler.

joeroket · Dec 1, 2008

imported post

NavyLT wrote:

Personally, I would interpret "locked within the vehicle and concealed from view" to mean that the vehicle is locked. IE: pistol under the seat, as long as the vehicle is locked.

Yes, if I have to leave mine in the vehicle, such as to go into the Sherrif's dept to change the address on my CPL, I am going to lock it in the glovebox or other locking compartment in my car, but I don't think that is a requirement of the law.

I do agree that you can have the loaded magazine anywhere you want to in the vehicle, except in the gun itself.

Now here's a question: (3)(a) starts out by saying "a person...in possession of an unloaded pistol...". I (CPL holder) would never be in possession of an unloaded pistol, so how does the rest of (3)(a) apply to me?!?

I agree with your interpretation as do all of the officers I know. As far as Section 3 of the exemptions it would not apply if you never have an unloaded pistol.

ScottyDog · Dec 2, 2008

imported post

My advice to anyone that owns a firearm. GET YOUR CPL! Its easy and MANY headaches go away. When I got mine centuries ago it was quick and easy. From the time I applied to the time I had it in my hot little hands was 4 days. Yes no joke. 4 days. My last renewal was 2 days. lol No excuses folks, its your right. The State HAS to issue, unless you arent qualified under statute.

Open Carry Travel On I-5

New member

Regular Member

New member

Regular Member

New member

Regular Member

Regular Member

Regular Member

Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member

Regular Member