Making a trip to seattle

FMCDH · Jun 6, 2009

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eraseallhope wrote:

Thank you in advance whoever helps me out with my questions.

eraseallhope, I will PM you my cell number so you can call me while your in town and ask any questions you may have on the spur of the moment.

I have OCed in California a few times this year and had a fellow OCer play "support staff" for my trips. I figure it time to repay the favor to a Californian.

You got it a lot easier here than California, but I understand it can still be a bit nerve wracking when your visit a new state, especially without a permit.

911Boss · Jun 6, 2009

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As another said, does NOT need to be cased in the vehicle, also no requirement to have ammo separate as some states do.

Only needs to be cased or concealed (as well as unloaded) if left unattended in the vehicle. (RCW 9.41.050)

Do you carry an auto or a revolver? With an auto you can just insert a magazine when you get out of the car and release the mag when you get in without having to unholster/holster. Magazine can sit on the seat next to you or you can drop it in your pocket. You are at a slight disadvantage of having to rack the slide should anything happen though.

John Hardin · Jun 8, 2009

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eraseallhope wrote:

Any restrictions on school zones like california's 1000 ft. from a school zone..

As others have said, WA State only restricts carry on school grounds. However, a federal law (of questionable constitutionality) does restrict carry within 1000 feet of schools; that applies here as well as in California. (Are you sure you're thinking of a CA law and not the Federal law?)

If you have a state-issued license that involves a background check, the 1000 feet prohibition in the federal law does not apply. If you're not going to have a non-resident CPL while you're here, that's not going to help you.

You might want to grab and read (even carry with you - strongly recommended) some of the pamphlets...

http://www.impsec.org/~jhardin/gunstuff/writings/Washington%20Gun%20Rights%20Pamphlet.pdf

http://www.impsec.org/~jhardin/firearms_laws_washington.pdf

http://www.impsec.org/~jhardin/open_carry_training_bulletins_washington.pdf

John Hardin · Jun 8, 2009

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911Boss wrote:

Only needs to be cased or concealed (as well as unloaded) if left unattended in the vehicle. (RCW 9.41.050)

RCW 9.41.050 does not specify it must be unloaded if unattended.

(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.

All it specifies is "locked within the vehicle and concealed from view".

This section only applies to loaded firearms. If leaving a loaded firearm in the vehicle was prohibited, subsection (iii) would not exist.

j2l3 · Jun 8, 2009

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Take a run ove rto Kitsap County while you are here (nice ferry ride) and visit the Sheriff's office. You should be able to walk out with a CPL. Solves lots of problems for you.

joeroket · Jun 8, 2009

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John Hardin wrote:

911Boss wrote:

Only needs to be cased or concealed (as well as unloaded) if left unattended in the vehicle. (RCW 9.41.050)

Click to expand...

RCW 9.41.050 does not specify it must be unloaded if unattended.

(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.

Click to expand...

All it specifies is "locked within the vehicle and concealed from view".

This section only applies to loaded firearms. If leaving a loaded firearm in the vehicle was prohibited, subsection (iii) would not exist.

The OP does not have a Wa. CPL and that is why 911Boss gave the answer, which is correct for the OP, that he did.

911Boss · Jun 8, 2009

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John Hardin wrote:

911Boss wrote:

Only needs to be cased or concealed (as well as unloaded) if left unattended in the vehicle. (RCW 9.41.050)

Click to expand...

RCW 9.41.050 does not specify it must be unloaded if unattended.

(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.

Click to expand...

All it specifies is "locked within the vehicle and concealed from view".

This section only applies to loaded firearms. If leaving a loaded firearm in the vehicle was prohibited, subsection (iii) would not exist.

(2)(a)(iii) ONLY applies to those with a CPL, hence the wording "the licensee...". It is one of the conditions (in addition to a CPL) for having a loaded gun in a vehicle.

If you don't have a CPL, then (3)(a) applies:

RCW 9.41.050 (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.

The OP does not have a CPL.

XD45PlusP · Jun 8, 2009

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NavyLT wrote:

You will notice that nowhere in that statute is an opaque, secure, or any other type of case mentioned, that is a common falacy that comes from the error in our Washington gun rights pamphlet that I really wish someone would correct.

Hi NavyLT, I think it might be because of this:

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

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;

XD

5jeffro7 · Jun 9, 2009

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compmanio365 wrote:

Loaded OC is completely legal in WA, except for federal buildings, courthouses, and school grounds. You don't have to be 1000 feet from a school, just off the school grounds. All local transit agencies, public facilities, and local parks are legal to carry in and the state preempts any attempts by localities to pass their own laws restricting carry. The only caveat to OC here in WA is that if you are going to be in a car, you must have a valid CPL for the state or you must unload and secure your gun while in the vehicle.

this is not entirely correct. insofar as public transit & light rail, they are still classified as vehicles, so to even Oc on them, you will need a permit. in a vehicl? have a permit or face the consequences.

eraseallhope · Jun 12, 2009

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So if im unloaded, weapon holstered on hip

am i aloud to ride a bus, train/subway, taxi?

i'm thinking i might just have to spend the extra money and rent a car if i am not able to ride public transportation legally, that way i dont spend even more money in legal fee's.

FMCDH · Jun 12, 2009

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eraseallhope wrote:

So if im unloaded, weapon holstered on hip

am i aloud to ride a bus, train/subway, taxi?

i'm thinking i might just have to spend the extra money and rent a car if i am not able to ride public transportation legally, that way i dont spend even more money in legal fee's.

Technically yes. Remember however that the more public the conveyance, the more of a chance of an LE encounter. Having your loaded magazines in a mag holster would be acceptable under the law. This is popularly called California Carry.

UOC or "Unloaded Open Carry"

Remember, your firearm must remain clearly visible even if it is unloaded. I would NOT suggest an IWB holster.

Below is the definition of "Loaded" from RCW 9.41.010 Terms defined.
http://apps.leg.wa.gov/RCW/default.aspx?cite=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.

FMCDH · Jun 12, 2009

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Double Tap..

eraseallhope · Jun 13, 2009

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Sounds perfectly fine to me...

i have a serpa hoster an a XD gear dual mag holster so switching mags back and fourth for trasport should be no problem... just gotta avoid putting a round in the chamber until im i a secure location like a bathroom or something. ifi even feel the need to do so.

thanks again for the help.

amlevin · Jun 13, 2009

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NavyLT

Washington State did have a "Case and Carry" law once upon a time that applied to all who carried a gun in a vehicle unless they had a CPL. It required the opaque case that some still referred to. This provision has been repealed and now "concealed from view" is adequate.

FMCDH · Jun 13, 2009

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amlevin wrote:

NavyLT

Washington State did have a "Case and Carry" law once upon a time that applied to all who carried a gun in a vehicle unless they had a CPL. It required the opaque case that some still referred to. This provision has been repealed and now "concealed from view" is adequate.

It has not been repealed, it is found in RCW 9.41.060 as an exception intended for someone who does not want to carry their pistol "on their person", but still wants to carry it concealed, i.e., in the MFG case or another container such as a zipped "secured" backpack.

The legislative intent is that the carrier not have the firearm available for their immediate access.

.060 is an exception for the ENTIRETY of .050 which talks about (both) carrying a concealed firearm (and also) carrying an unloaded firearm in a vehicle by a someone not licensed.

It may have been presented differently in an earlier law, but it still exists.

RCW 9.41.060 Exceptions to restrictions on carrying firearms.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060

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; or

FMCDH · Jun 14, 2009

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NavyLT wrote:

As you stated, FMCDH, .060 is an exception to .050, but is not a requirement. It is NOT illegal in .050 for a non-CPL holder to:

Open carry on their person an unloaded firearm in a vehicle (although it is difficult to open carry in a manner that a LEO will not say is concealed).

Transport an unloaded firearm in a vehicle openly, but not on the person (such as on the passenger seat) or

Transport an unloaded firearm in a vehicle concealed, but not on the person (such as under a seat or in the glovebox).

.050 DOES makes it illegal for a non-CPL holder to:

Conceal a handgun, unloaded or loaded, on their person, inside or outside of a vehicle, and

Have a loaded handgun anywhere inside their vehicle, visible or not.

I think that is what you were saying, FMCDH, this is just a clarification, not a correction.

Yea Exactly...

I should point out for people who might get confused on terminology, that when we speak of "on their person" or "on your person" we are talking about the wearing of the firearm or having it somewhere within your clothing.

Making a trip to seattle

FMCDH

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911Boss

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John Hardin

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John Hardin

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j2l3

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joeroket

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911Boss

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XD45PlusP

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5jeffro7

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eraseallhope

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FMCDH

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eraseallhope

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amlevin

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