OC-Aviator
Regular Member
imported post
I open carry as often as possibleand I do not have a CPL. Sowhen I drive I unload and load again whenI reach mydestination. I also ride my Bicyclewhich is defined as a Vehicle under RCW 46.04.670. So am I in violation? Short answer NO.Iwill tell you the reasons why.
Washington RCW's are written in such a manner, just as many other State Codes, to bevery clear.
So reasonONE, I can carry on a Bicycle or even a Motorcycle openly without a CPL is, IAW RCW 9.41.050 (2)(a) "A person shall not carry or place a loaded pistolIN any vehicle unless the person has a license to carry a concealed pistol." It does not say ON a vehicle. Some may say that I am attempting to subvert the law or find a ill-intended loophole. Not so, firstYou would besitting on the bike with the pistol openly exposedin your holster, you cannot carry it IN only ON, which is not specified by RCW 9.41.050 (2)(a). The same applies to a Motorcycle. The purpose of RCW 9.41.050 is primarily for transport of a loadedpistol in a vehicle, because once you close the door you are concealing it within the confine of the vehicle doors and cab.
Reason TWO, IAWRCW 9.41.060 (8) Any person engaging in a lawful outdoor recreational activity SUCH AS hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
I ride my bicycle for recreation and or exercise.
"SUCH AS" means to -to include, but not limited to, similar to by type or characteristics. To ride a Bicycle is similar to, bytype of outdoor activity, and characteristics as Horseback riding. It is a mode of conveyance, and again you cannot rideIN a horse. The same could be applied whengoing to the shooting range while in your car, truck or, motorcycle because it is similar to an activity SUCH AS Hunting as specified in RCW 9.41.060 (8). This also means you could conceal a pistol while doing these activities because RCW 9.41.060 (8) exempts you from RCW 9.41.050.
You could also,depending on the definitionsay thathiking is walking anywhere in any fashion, be it for examplein the woods, main street, or the mall. And furthermore, with this line of thinking you could carry concealed tomain street, or the mall in your vehicle without a CPL, because you are going to recreation, you are going to hike when you get out of your vehicle at your destination.
So now that I am done. If anyone does not agree with me please give me your opinion.
Thanks.
I open carry as often as possibleand I do not have a CPL. Sowhen I drive I unload and load again whenI reach mydestination. I also ride my Bicyclewhich is defined as a Vehicle under RCW 46.04.670. So am I in violation? Short answer NO.Iwill tell you the reasons why.
Washington RCW's are written in such a manner, just as many other State Codes, to bevery clear.
So reasonONE, I can carry on a Bicycle or even a Motorcycle openly without a CPL is, IAW RCW 9.41.050 (2)(a) "A person shall not carry or place a loaded pistolIN any vehicle unless the person has a license to carry a concealed pistol." It does not say ON a vehicle. Some may say that I am attempting to subvert the law or find a ill-intended loophole. Not so, firstYou would besitting on the bike with the pistol openly exposedin your holster, you cannot carry it IN only ON, which is not specified by RCW 9.41.050 (2)(a). The same applies to a Motorcycle. The purpose of RCW 9.41.050 is primarily for transport of a loadedpistol in a vehicle, because once you close the door you are concealing it within the confine of the vehicle doors and cab.
Reason TWO, IAWRCW 9.41.060 (8) Any person engaging in a lawful outdoor recreational activity SUCH AS hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
I ride my bicycle for recreation and or exercise.
"SUCH AS" means to -to include, but not limited to, similar to by type or characteristics. To ride a Bicycle is similar to, bytype of outdoor activity, and characteristics as Horseback riding. It is a mode of conveyance, and again you cannot rideIN a horse. The same could be applied whengoing to the shooting range while in your car, truck or, motorcycle because it is similar to an activity SUCH AS Hunting as specified in RCW 9.41.060 (8). This also means you could conceal a pistol while doing these activities because RCW 9.41.060 (8) exempts you from RCW 9.41.050.
You could also,depending on the definitionsay thathiking is walking anywhere in any fashion, be it for examplein the woods, main street, or the mall. And furthermore, with this line of thinking you could carry concealed tomain street, or the mall in your vehicle without a CPL, because you are going to recreation, you are going to hike when you get out of your vehicle at your destination.
So now that I am done. If anyone does not agree with me please give me your opinion.
Thanks.