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Thread: Laws concerning carrying at home.

  1. #1
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    What are the laws concerning family members carrying while on private property? Is there a difference between pistol and long guns? Are there minimum age laws?

    I had a discussion with someone about home defense and I realized I didn't know the laws about 'older children' in relation to defending the home against a break-in, etc.

  2. #2
    Regular Member amlevin's Avatar
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    It is generally accepted that one can carry a pistol (open of concealed) or a rifle on their own property. The only limitations would be the same for "possession" and you still can't use a weapon to threaten or intimidate.
    "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?"

  3. #3
    Regular Member j2l3's Avatar
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    No concealed permit required either, as long as you stay on your private property.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  4. #4

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    On your property hand gun or long gun is ok so long as you are legal to own or possess them. There are no minimum age limits, in fact there are specific exceptions for possession by those under the age of 18, basically it comes down to parental permission.

    Of course if you are letting your 4-year old wander around the back yard strapped, you may be facing some negligence issues, but if your kids have been properly trained, are mature enough and can handle it, it's all good.

    Here are the relevant laws:

    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.


    IE- Not permit required to carry concealed if you are on your property.


    RCW 9.41.042 Children — Permissible firearm possession.

    RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is: (Essentially "Defense of self or others"- 9.41.040 (2)(a)(iii) is below for reference...)

    ...

    (7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

    (8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3) (9A.16.020 (3) is below for reference...)


    IE- No problem with juvenile on your property with parental permission.


    RCW 9.41.040 Unlawful possession of firearms — Ownership, possession by certain persons — Penalties.

    ...

    (2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:


    (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or


    IE- Exception to unlawful possession provided as noted above in 9.41.042


    RCW 9A.16.020 Use of force — When lawful.

    The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

    ...

    (3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;






    There you go !

  5. #5
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    IE- Not permit required to carry concealed if you are on your property.
    I don't recall the case, but you can find it if you look up RCW 9.41.270 in a case law database, regarding that one on your land, but not in the house.
    The court determined that on your property is not considered IN your place of abode, so be careful about being outside concealed (if you don't have CPL.)
    although it was in the context of "in a manner likely to cause concern for others" or however the wording goes, it did determine that for statuatory purposes, IN does not mean AT.

  6. #6
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    I have always gone by "My house, My rules"

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