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Thread: Heard not all counties in washington are open carry?

  1. #1
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    I was told buy a unnamed individal that in some counties in washington state. You are not allowed to open carry. Is this true?

    If it is so, where can I find the laws about certain counties not letting you open carry.

    I think this guy doesn't know what he is talking about but who knows maybe he does and I will learn something new.

    Please supply links. So, I can read up on the subject.

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    RTFF - Read the f'ing FAQ
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    Crypto wrote:
    I was told buy a unnamed individal that in some counties in washington state. You are not allowed to open carry. Is this true?

    If it is so, where can I find the laws about certain counties not letting you open carry.

    I think this guy doesn't know what he is talking about but who knows maybe he does and I will learn something new.

    Please supply links. So, I can read up on the subject.
    RCW 9.41.290 and RCW 9.41.300 are all you need to know that counties cannot restrict the possession of a firearm.
    "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

  4. #4
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    I just did reread the faq, doesn't specify anything about counties?

    What website do I see local codes for washington state?

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    You've not heard of state preemption?

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    joeroket wrote:
    RCW 9.41.290 and RCW 9.41.300 are all you need to know that counties cannot restrict the possession of a firearm.
    Thank you joerocket.

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    deanf wrote:
    You've not heard of state preemption?
    No deanf, i'm still new to all this. I'm learning quickly though.

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    It is hard to remember all the rcw's. I know that after reading 9.41.300. I noticed I've read this one alot.

    I seen a sticky about local codes though. What are they? and why are people trying to bring them up to the state level or law I guess is how they are putting it?


    So, the answer to my question is false then.
    according to this:

    RCW 9.41.300
    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
    (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
    (i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
    (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

    (3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

    (b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
    So according to all this it is legal to open carry in any county!

    I take it the local codes are the rcw's? I see some local codes in the sticky that are for puyallup but when i look up the rcw it doesn't exist?

    Poulsbo 12.30.060 Parks
    Puyallup 13.20.010 Cemetery
    Puyallup 9.20.050 Parks and public facilities
    Quincy 9.13.020 Alcohol by the drink
    Raymond 9.80.050 City Hall

    Like this one?
    9.20.050

    how and where do i find it?



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    Crypto, http://mrsc.org/codes.aspx has the majority of county and city ordinances.

    The one you referenced last is found at http://www.codepublishing.com/wa/puy....html#9.20.050

    It is completely lawful and in line with state law as it only makes the discharge of a firearm unlawful and not the mere possession.
    "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

  10. #10
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    Crypto wrote:
    It is hard to remember all the rcw's. I know that after reading 9.41.300. I noticed I've read this one alot.

    I seen a sticky about local codes though. What are they? and why are people trying to bring them up to the state level or law I guess is how they are putting it?


    So, the answer to my question is false then.
    according to this:

    RCW 9.41.300
    (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

    (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
    (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
    (i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
    (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

    (3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

    (b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
    So according to all this it is legal to open carry in any county!

    I take it the local codes are the rcw's? I see some local codes in the sticky that are for puyallup but when i look up the rcw it doesn't exist?

    Poulsbo 12.30.060 Parks
    Puyallup 13.20.010 Cemetery
    Puyallup 9.20.050 Parks and public facilities
    Quincy 9.13.020 Alcohol by the drink
    Raymond 9.80.050 City Hall

    Like this one?
    9.20.050

    how and where do i find it?

    READ THE RCW's damnit

  11. #11
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    Trigger Dr wrote:
    Crypto wrote:
    READ THE RCW's damnit
    I did, seems to me as if counties cannot regulate there own laws on state law.

  12. #12
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    Crypto wrote:
    Trigger Dr wrote:
    Crypto wrote:
    READ THE RCW's damnit
    I did, seems to me as if counties cannot regulate there own laws on state law.
    Preemption states that no counties, municipalities, etc. cannot enact firearms restrictions that are more restrictive than state law.

    You can open carry in Washington state, and conceal carry with a permit.
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -John Stuart Mill

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    Crypto wrote:

    I take it the local codes are the rcw's? I see some local codes in the sticky that are for puyallup but when i look up the rcw it doesn't exist?

    Poulsbo 12.30.060 Parks
    Puyallup 13.20.010 Cemetery
    Puyallup 9.20.050 Parks and public facilities
    Quincy 9.13.020 Alcohol by the drink
    Raymond 9.80.050 City Hall

    These that you have listed are local codes, not the Washington State RCW's


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    Regular Member Lante's Avatar
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    Crypto
    Just to make things crystal clear on some of the abbreviations / codes that seem in one of your posts to have caused you confusion....

    USC - United sates code = federal law.
    RCW - Revised Code of Washington = State law
    MC - Municipal Code = local laws.

    Local laws can never be weaker than state law state law can never be weaker then federal law, and they are frequently stricter.
    HOWEVER In the case of preemption (ex. RCW 9.41.300), Washington State has told all other WA counties, citys, towns etc that they can not deviate from state law for the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Similarly federal law preempts the entire subject of foreign treaties, wars etc. preventing states from acting on their own in those matters.

    hope this helps

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    Crypto wrote:
    I was told buy a unnamed individal that in some counties in washington state. You are not allowed to open carry. Is this true?

    If it is so, where can I find the laws about certain counties not letting you open carry.

    I think this guy doesn't know what he is talking about but who knows maybe he does and I will learn something new.

    Please supply links. So, I can read up on the subject.
    Crypto,

    Here is what I would suggest, spend two or three days reading the Washington forum. That is what I did when I joined back in October. Read read read! Then after that begin to ask questions. Doing what I have suggested will show respect to those who have been on this board for a few years. We all want to help and educate, however, education is a self driven endeavour!

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