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Thread: Question About OC Law

  1. #1
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    I know that you need a Concealed Permit to carry a loaded handgun in your car. If you have a concealed permit is there anything about how you have to transport it? Can it be loaded on your person concealed or openly while driving? Anything would help, thanks.

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    RCW 9.41.050:

    " (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."

    As long as you are in the car it can be anywhere you want it. When you leave the car the doors must be locked and the firearm out of view.

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    David.Car wrote:
    RCW 9.41.050:

    " (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."

    As long as you are in the car it can be anywhere you want it. When you leave the car the doors must be locked and the firearm out of view.
    I hate the way this one is worded. Either:

    (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.

    I'm quite sure this would NOT hold up in court, however, imagine that there are people sitting in a car, none of whom has a CPL. "The person", as denoted in the above statements (maybe a friend of those in the car), having a gun and a CPL comes along and puts a loaded gun in the car (anywhere). The people in the car drive off. Technically, because of the word "or" above,the law has not been broken.

    Technically, as long as you are not "the person" who placed the loaded gun in the car, those in the car don't need a CPL to have access to a loaded gun in a car.
    IBTL

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    If I, as a licensee, place a loaded pistol in a vehicle, and have it placed out of view from the outside, and then exit the vehicle leaving you, an Unlicensed person in the vehicle , You can be charged. The reasoning is, being the only person in the vehicle, you have control over the pistol. Like it or not that is the way it is. Some states have a provision for a defense based upon not having knowledge that the pistol was in the vehicle.In this case the person who placed the pistol in the vehicle would have to substantiate the claim that the person unknowinglyin control actually did not have knowledge of the pistol. Washington does not have this as a defense.



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    Trigger Dr wrote:
    If I, as a licensee, place a loaded pistol in a vehicle, and have it placed out of view from the outside, and then exit the vehicle leaving you, an Unlicensed person in the vehicle , You can be charged. The reasoning is, being the only person in the vehicle, you have control over the pistol. Like it or not that is the way it is. Some states have a provision for a defense based upon not having knowledge that the pistol was in the vehicle.In this case the person who placed the pistol in the vehicle would have to substantiate the claim that the person unknowinglyin control actually did not have knowledge of the pistol. Washington does not have this as a defense.

    I agree that this is behaviorally the way things work, even based on the law we are discussing. However, can you please cite the other law that this is based upon?

    If you cannot cite the other law, then I stand by my previous claims, speaking technically.
    IBTL

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    Stand by what ever you want, I will come visit you in the pokey, but will not post bail.

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    Get out of my car or you will be charged with unlawful possesion!!! Har har har.


    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!

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    Trigger Dr wrote:
    Stand by what ever you want, I will come visit you in the pokey, but will not post bail.
    Didn't I just state that I agree with you, behavorally?

    I can only conclude that you are conceding my point.
    IBTL

  9. #9
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    snip: I can only conclude that you are conceding my point



    Then you would be wrong.

  10. #10
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    Thanks for the info guys...I appreciate it....what's a good site to look up laws for myself?

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    ShooterMcGavin wrote:
    I hate the way this one is worded. Either:

    (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.

    I'm quite sure this would NOT hold up in court, however, imagine that there are people sitting in a car, none of whom has a CPL. "The person", as denoted in the above statements (maybe a friend of those in the car), having a gun and a CPL comes along and puts a loaded gun in the car (anywhere). The people in the car drive off. Technically, because of the word "or" above,the law has not been broken.

    Technically, as long as you are not "the person" who placed the loaded gun in the car, those in the car don't need a CPL to have access to a loaded gun in a car.

    Let me help you find the obvious...


    RCW 9.41.050:

    " (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."


    If I put the loaded gun in the car and then you drive away, YOU are now "carrying" a loaded gun in the car. "Carry" doesn't require it be on your person.

  12. #12

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    dustin.vallee88 wrote:
    Thanks for the info guys...I appreciate it....what's a good site to look up laws for myself?
    Here is a list of sites...

    http://tinyurl.com/yk9jd9u



    And my favorite...

    http://search.leg.wa.gov/pub/textsearch/default.asp




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    ...Double Tap...

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    Trigger Dr wrote:
    snip: I can only conclude that you are conceding my point



    Then you would be wrong.
    But you don't want to have a discussion or explain your point? Good talk.

    911Boss wrote:
    Let me help you find the obvious...


    RCW 9.41.050:

    " (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."


    If I put the loaded gun in the car and then you drive away, YOU are now "carrying" a loaded gun in the car. "Carry" doesn't require it be on your person.
    Ok, you are right. I think that is fair enough.

    Look, I'm not trying to start trouble or anything. I was analyzing one of the laws I have read many times.
    IBTL

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