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.
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.