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Thread: Help with finding a state RCW??

  1. #1
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    I'm trying to find out if I can legally carry an asp/baton in washington. I cant seem to find the code. You folks know where it might be?

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    I have 'em too, but I've always assumed I couldn't carry them defensively outside my property.

  3. #3
    State Researcher Bill Starks's Avatar
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    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.250

    Every person who:
    (2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon;
    is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

    That's up to a year and $5,000. No, 'other dangerous weapon' doesn't explicitly include telescopic batons--but it's purposively open. Also, if you look at the weapons included in section one of the statute, you'll see concealable impact weapons are there.


    9.24.025 Dangerous weapons โ€” Use, possession, concealing, sales, manufacture.

    (a) It is unlawful for a person knowingly to:

    (1) Manufacture, sell, possess, purchase or carry any instrument or weapon of the kind usually known as a blackjack, slingshot, sand-club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to inflict bodily injury or property damage;

    (c) Penalty. Any person who violates any of the provisions of this section is guilty of a gross misdemeanor, and upon conviction thereof shall be punished as provided in subsection 9.01.050(B) of this title. (Ord. 1968 ยง 1, 1998; Ord. 1791 ยง 1, 1994; Ord. 1524 ยง 2, 1989).

    <edit> site kept having issues with me adding 9.24.025

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    They are covered under RCW 9/41/270 a bit ("club"), but they are not under the state preemption like firearms are, so each municipality can enact their own rules about their carry/use. So, you would need to check your local ordinances. This also means that it is possible and plausible that even if it is legal in one jurisdiction, it will be illegal in another. Good luck.

  5. #5
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    G20-IWB24/7 wrote:
    They are covered under RCW 9/41/270 a bit ("club"), but they are not under the state preemption like firearms are, so each municipality can enact their own rules about their carry/use. So, you would need to check your local ordinances.ย* This also means that it is possible and plausible that even if it is legal in one jurisdiction, it will be illegal in another. Good luck.
    According to that code though, there is an exception to self defense, is that right?

  6. #6
    Regular Member amlevin's Avatar
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    If ASP's are illegal under RCW9.24.025 then it would be illegal to SELL them in Washington.

    I think it would be cool to own one that was inscribed "Collapsible Jack Handle". That would make it a "tool" rather than a weapon.
    "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?"

  7. #7
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    Some of these codes that are being cited are also saying you cant carry pistols. So i know thats not the full picture. I have my cpl, so I wonder if that qualifies as an exemption like CC of my pistol.

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    I think I've got it, I spoke with the fire arms devision of the DOL. He quoted the following RCW. And said carrying for SD is an exemption under the following.


    RCW 9.41.270
    Weapons apparently capable of producing bodily harm โ€” Unlawful carrying or handling โ€” Penalty โ€” Exceptions.

    (1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

    (2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

    (3) Subsection (1) of this section shall not apply to or affect the following:

    (a) Any act committed by a person while in his or her place of abode or fixed place of business;

    (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

    (c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

    (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

    (e) Any person engaged in military activities sponsored by the federal or state governments.
    :celebrate

  9. #9
    Regular Member skiingislife725's Avatar
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    RCW 9.41.270
    Weapons apparently capable of producing bodily harm โ€” Unlawful carrying or handling โ€” Penalty โ€” Exceptions.

    3(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
    So it looks like it explains that while you can't carry a "club", you can carry one if you use it to protect yourself or another when "presently threatened". So, I take that to mean that you can't just carry one around but if something happened and you had access to one, that you could use it. For example if I was attacked and I had a baseball bat or stick lying around, then I could use that as a club to protect myself or others. Is that how others interpret that?

    And then 3a states that it doesn't apply to your place of abode or fixed place of business. Which seems to explain why it's legal to buy a baton in Washington.

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    skiingislife725 wrote:
    RCW 9.41.270
    Weapons apparently capable of producing bodily harm โ€” Unlawful carrying or handling โ€” Penalty โ€” Exceptions.

    3(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
    So it looks like it explains that while you can't carry a "club", you can carry one if you use it to protect yourself or another when "presently threatened". So, I take that to mean that you can't just carry one around but if something happened and you had access to one, that you could use it. For example if I was attacked and I had a baseball bat or stick lying around, then I could use that as a club to protect myself or others. Is that how others interpret that?

    And then 3a states that it doesn't apply to your place of abode or fixed place of business. Which seems to explain why it's legal to buy a baton in Washington.
    I Concur. Even though it is an odd exception.
    "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

  11. #11
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    Bottom line : Explanation from DOL firearms division,

    They said its just like carrying your pistol. As long as you have a CPL it falls under that if CCing. And all the other laws regarding "Brandishing" and so forth apply.:celebrate

  12. #12
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    amlevin wrote:
    If ASP's are illegal under RCW9.24.025 then it would be illegal to SELL them in Washington.ย*

    I think it would be cool to own one that was inscribed "Collapsible Jack Handle".ย* That would make it a "tool" rather than a weapon.
    BTW, DOL has no idea what that RCW is all about. Are you sure you have the right number, because they aren't familiar with that one?

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    As long as you have a CPL it falls under that if CCing.
    DOL can't possibly be right about that; the RCW's regarding concealed handguns (RCW 9.41.050, RCW 9.41.060, and RCW 9.41.070) make no reference to anything but handguns.


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    Regular Member swatspyder's Avatar
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    Nathan9493 wrote:
    amlevin wrote:
    If ASP's are illegal under RCW9.24.025 then it would be illegal to SELL them in Washington.

    I think it would be cool to own one that was inscribed "Collapsible Jack Handle". That would make it a "tool" rather than a weapon.
    BTW, DOL has no idea what that RCW is all about. Are you sure you have the right number, because they aren't familiar with that one?
    lol at quoting the DOL. You should be contacting a lawyer who works with self defense cases.

  15. #15
    Regular Member skiingislife725's Avatar
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    Nathan9493 wrote:
    amlevin wrote:
    If ASP's are illegal under RCW9.24.025 then it would be illegal to SELL them in Washington.

    I think it would be cool to own one that was inscribed "Collapsible Jack Handle". That would make it a "tool" rather than a weapon.
    BTW, DOL has no idea what that RCW is all about. Are you sure you have the right number, because they aren't familiar with that one?
    They aren't familiar with it because it doesn't exist. A quick two-second google comes up with a Redmond Municipal code, however, regarding dangerous weapons.

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    Just remember, State preemption covers FIREARMS, not all weapons. Just because there's nothing on the State books, doesn't means cities don't have laws banning their possession and/or concealment.

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    and yes, I used a double negative, but i am too lazy to fix it

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    GOSPEL FROM KITSAP COUNTY SHERIFFS OFFICE:

    Batons ARE legal. But if you are caught with one while committing a crime, you WILL be charged for having a dangerous weapon. As far as OC or CC, there is no requirement for any permit either way. The CPL ONLY covers pistols and NOTHING else. Think that about covers it. Shows over, close curtain.

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    Worst case, A Cane. Manufacture a slight limp. he he

    SO, why are these self defense tools illegal when both Constitutions DO NOT limit "arms" to firearms?

    Dave?

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