Results 1 to 22 of 22

Thread: Lewis County Open Carry

  1. #1
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    3

    Post imported post

    Hello, I am new to posting here but have been reading around for awhile and have some questions. Okay so according to this site you cannot open carry until 21 in Washington State, however local Police say 18 is allowed. Any reason why your website says different? I have a Colt Model 2000 All American 9mm for those intrested in what I wish to carry.

  2. #2
    Regular Member
    Join Date
    Oct 2009
    Location
    Sedro, Washington, USA
    Posts
    533

    Post imported post

    Hope this helps:
    The way I read it, there are provisions for the 18-21 crowd to carry concealed, but not open. My girlfriend is18 and a part of the empty holster brigade.She fully intends to make use of RCW 9.41.050 (8). Take a look at that one, it's the only useful one I see besides "place of abode" and "real property" underyour control.


    RCW 9.41.070

    "The applicant's constitutional right to bear arms shall not be denied, unless:

    (c) He or she is under twenty-one years of age;"

    _________

    RCW 9.41.240

    [/b]Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

    (1) In the person's place of abode;

    (2) At the person's fixed place of business; or

    (3) On real property under his or her control.

    _________

    The provisions of RCW 9.41.050 shall not apply to:

    (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

    (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

    (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

    (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

    (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

    (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

    (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

    (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;

    (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

    (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

    ____________

    If you have any specific questions, just ask. Reading the law is no small task.

  3. #3
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    3

    Post imported post

    Okay so I went down to starbucks carrying in a opaque holster (holster that completely covers gun to where no part of it is visible but goes on your belt and is in the vagueshape of a gun.) Gun was unloaded with a loaded clip in a pouch on the other side of the belt. Three officers were sitting at a table with one in line behind me, he asks what kind of gun I'm carrying so I tell him what kind, and where I got it (My mom gave it to me) Then he asked how old I was, and if the gun was loaded. He said the manner in which I was carrying was completely legal and a gun that justneedsto be loaded in a emergencyis better than none at all. (I agree) He cited this RCW as to it being legal how I was carrying
    9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

    RCW 9.41.060

  4. #4
    Regular Member
    Join Date
    Oct 2009
    Location
    Sedro, Washington, USA
    Posts
    533

    Post imported post

    rsdan wrote:
    Okay so I went down to starbucks carrying in a opaque holster (holster that completely covers gun to where no part of it is visible but goes on your belt and is in the vagueshape of a gun.) Gun was unloaded with a loaded clip in a pouch on the other side of the belt. Three officers were sitting at a table with one in line behind me, he asks what kind of gun I'm carrying so I tell him what kind, and where I got it (My mom gave it to me) Then he asked how old I was, and if the gun was loaded. He said the manner in which I was carrying was completely legal and a gun that justneedsto be loaded in a emergencyis better than none at all. (I agree) He cited this RCW as to it being legal how I was carrying
    9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

    RCW 9.41.060
    If you're willing to deal with potentially running across a LEO who doesn't see it the same way and take your chances with a judge then go for it. I would not advise anyone I cared about to do it, though.

    I'm not saying your interpretation is a huge stretch from what is written; but I am saying that it wouldn't be a stretch to say that a holster is not a "closed opaque case or secure wrapper." Be careful and carry yourself confidently.

    I'm very surprised that your first time out you ran into 3 officers and one of them confronted you. What are the chances?!


  5. #5
    Regular Member amzbrady's Avatar
    Join Date
    Mar 2009
    Location
    Marysville, Washington, USA
    Posts
    3,522

    Post imported post

    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

  6. #6
    Regular Member
    Join Date
    Oct 2009
    Location
    Sedro, Washington, USA
    Posts
    533

    Post imported post

    amzbrady wrote:
    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    RCW 9.41.070 (c)

    Your answer: No. One must be 21 years of age to apply for a WA CPL.



  7. #7
    Regular Member
    Join Date
    Dec 2009
    Location
    , ,
    Posts
    3

    Post imported post

    In Lewis County at Starbucks there is a very good chance of running into at least one cop that's hanging out there so It wasn't a big surprise. I've been asked about wearing pepper spray as well, they are usually pretty nice about stuff as long as you are respectful to them...in turn they respect you and your rights more.

  8. #8
    Regular Member
    Join Date
    Oct 2009
    Location
    Curtis, Washington, USA
    Posts
    255

    Post imported post

    rsdan wrote:
    In Lewis County at Starbucks there is a very good chance of running into at least one cop that's hanging out there so It wasn't a big surprise. I've been asked about wearing pepper spray as well, they are usually pretty nice about stuff as long as you are respectful to them...in turn they respect you and your rights more.
    I go to the same coffee shop and see the Troopers, Deputies and local Copsin there all the time. They have ALWAYS been friendly and very professional. I've had opportunity to sit and chat with a few that I have seen frequently and the topic of firearms, even if I'm OC, has never come up. A really positive result of the loose LEO affiliationwas that the staff there has never looked at me funny either.

    They are a GREAT example for LEO's around the State. There is just a huge level of trust here that I'm certain is the result of "small town" life. Gotta love it!





  9. #9
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    amzbrady wrote:
    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    I think age of majority restrictions like this are vunerable to constitutonal attack under state constitutions - the South Carolina S. Ct. struck down the 21 year of age requirement to onw handguns 2 years ago.

  10. #10
    Regular Member
    Join Date
    Sep 2008
    Location
    Port Angeles, Washington, USA
    Posts
    295

    Post imported post

    Mike wrote:
    amzbrady wrote:
    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    I think age of majority restrictions like this are vunerable to constitutonal attack under state constitutions - the South Carolina S. Ct. struck down the 21 year of age requirement to onw handguns 2 years ago.
    Agreed. And an 18 year old being denied a CPL due solely to age would certainly have standing to challenge the law.

  11. #11
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    olypendrew wrote:
    Agreed. And an 18 year old being denied a CPL due solely to age would certainly have standing to challenge the law.
    I would bring the action as to the statute precluding open carry outside the home - the courts are going to give governments wider deference to ban or control concealed carry, see remarks indicating concealed carry can be outright banned, period, in Heller.

  12. #12
    Regular Member
    Join Date
    Oct 2009
    Location
    Sedro, Washington, USA
    Posts
    533

    Post imported post

    olypendrew wrote:
    Mike wrote:
    amzbrady wrote:
    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    I think age of majority restrictions like this are vunerable to constitutonal attack under state constitutions - the South Carolina S. Ct. struck down the 21 year of age requirement to onw handguns 2 years ago.
    Agreed. And an 18 year old being denied a CPL due solely to age would certainly have standing to challenge the law.
    I disagree with regards to concealed carry. That part is up to the states. I'm not saying it's right or in line with the constitution but that's how it is. Alaska has the right idea.

    Mike wrote:
    olypendrew wrote:
    Agreed. And an 18 year old being denied a CPL due solely to age would certainly have standing to challenge the law.
    I would bring the action as to the statute precluding open carry outside the home - the courts are going to give governments wider deference to ban or control concealed carry, see remarks indicating concealed carry can be outright banned, period, in Heller.
    Now what Mike is saying makes sense. If this is challenged it must be done so with regards to open carry(anywhere)or the illegality to own/purchase a pistol under 21 to be brought in line with the Constitution.

  13. #13
    Campaign Veteran Right Wing Wacko's Avatar
    Join Date
    Aug 2007
    Location
    Marysville, Washington, USA
    Posts
    645

    Post imported post

    kito109654 wrote:
    amzbrady wrote:
    OK, cut and dry summary. My son is 18 and is wondering if he can CC, should he go apply for a license or will that be a waste of time. He lives by Northgate Mall and seems like crime is getting worse weekly. what Ive read is NO. Not till he's 21.
    RCW 9.41.070 (c)

    Your answer: No. One must be 21 years of age to apply for a WA CPL.

    In fact, this is one reason that WA does not recognize Idaho's permit. Idaho will issue to persons under 21.

  14. #14
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Right Wing Wacko wrote:
    In fact, this is one reason that WA does not recognize Idaho's permit. Idaho will issue to persons under 21.
    Weird - can somebody suggest a bill to their state rep or sen to simply accepts such eprmits if permitte is over 21? That's the way other states like Virginia do it.


  15. #15
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338

    Post imported post

    Mike wrote:
    Right Wing Wacko wrote:
    In fact, this is one reason that WA does not recognize Idaho's permit. Idaho will issue to persons under 21.
    Weird - can somebody suggest a bill to their state rep or sen to simply accepts such eprmits if permitte is over 21? That's the way other states like Virginia do it.
    I just asked a similar question in another thread, since Thune ammendment was fairly unconstitutional, how do we work on our own states to accept all other state CPL?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  16. #16
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    sudden valley gunner wrote:
    how do we work on our own states to accept all other state CPL?
    Ask your state reps and sens to introduce bills to make you state a shall accept state - many states are now like this, e.g., Arizona. And yes, for now, sha accept if permittee is over 21 is good enough I guess.

    Just accept all the other states' permits!

  17. #17
    Regular Member OrangeIsTrouble's Avatar
    Join Date
    Oct 2009
    Location
    Tukwila, WA, ,
    Posts
    1,398

    Post imported post

    kito109654 wrote:
    I'm not saying your interpretation is a huge stretch from what is written; but I am saying that it wouldn't be a stretch to say that a holster is not a "closed opaque case or secure wrapper." Be careful and carry yourself confidently.
    What would you say if I were to...pack it in a fanny pack unloaded

    (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
    It would be closed. It would be opaque

    From http://wordnetweb.princeton.edu/perl/webwn?s=opaque
    * not transmitting or reflecting light or radiant energy; impenetrable to sight; "opaque windows of the jail"; "opaque to X-rays"

    * not clearly understood or expressed



    It would also be unloaded.

    What say you?


    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

  18. #18
    Regular Member
    Join Date
    Dec 2006
    Location
    Everett, Washington, USA
    Posts
    3,339

    Post imported post

    The question is not what opaque means but rather what case means. In my opinion neither a holster or a fanny pack is a case.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

  19. #19
    Regular Member OrangeIsTrouble's Avatar
    Join Date
    Oct 2009
    Location
    Tukwila, WA, ,
    Posts
    1,398

    Post imported post

    From http://wordnetweb.princeton.edu/perl/webwn?s=case

    These were the only definitions dealing with a physical object;

    (a portable container for carrying several objects) "the musicians left their instrument cases backstage"

    sheath, case (an enveloping structure or covering enclosing an animal or plant organ or part)

    case, casing (the housing or outer covering of something) "the clock has a walnut case"

    case (the enclosing frame around a door or window opening) "the casings had rotted away and had to be replaced"

    case, pillowcase, slip, pillow slip (bed linen consisting of a cover for a pillow) "the burglar carried his loot in a pillowcase"

    case, display case, showcase, vitrine (a glass container used to store and display items in a shop or museum or home)
    Cameras have carrying cases that you just zip up and throw onto your shoulder... so why shouldn't a fanny pack (for example) be considered a case?


    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

  20. #20
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    45

    Post imported post

    This is kind of straying off topic.. But yes.. I CC, and OC in this starbucks daily. Just depends on what Im wearing. I even carry in my GOV. Uniform. No one even bats an eye at me. I wouldnt exactly say it's just small town life at it's finest.. I would venture to say that THAT starbucks is used by A LOT of officers, troopers, and deputys - daily. they would most likely assume that we are either off/on dute LEO's.. As ive been asked before by the manager there.. ( just out of curiosity) i simply reply.. "no, employed by the gov." Ive never seen anyone OC in there besides me. But I have ran into a couple of CC'ers.





    Long story short.. Centralia police have a LONG way to go.. untill they will be okay with OC.. sometimes even CC. If someone were to hand them a training bulliten similar to what different cities, and counties get Im sure this would help alot. But they do seem to see our side of it, within reason. and I have never personally had a problem with any one there.

  21. #21
    Regular Member OrangeIsTrouble's Avatar
    Join Date
    Oct 2009
    Location
    Tukwila, WA, ,
    Posts
    1,398

    Post imported post

    How is this going off topic? I am searching for a legal way for an 18 year old to have at least some protection, even if it is an unloaded gun.


    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

  22. #22
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    45

    Post imported post

    No, I was going off topic :P

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •