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Thread: OC... FAQ

  1. #1
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    OK, I just read RCW 9.41.050 regrading carrying firearms, pardon me for not fully understanding the wording.

    I don't see where it says it's OK to OC, also I see it does not say you can't.

    Not sure what side of the corn field I am on ?




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    Regular Member acmariner99's Avatar
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    Washington follows the British legal tradition that if it is not explicitly stated that something is forbidden, then it is perfectly legal. OC is not FORBIDDEN by WA State law, and the laws pertaining to CC say nothing about needing a permit to OC so it is legal to OC in Washington without a license. (I may be from Arizona but I grew up in WA and will be returning in a few months so I am trying to thoroughly understand WA gun laws)

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    acmariner99 wrote:
    Washington follows the British legal tradition that if it is not explicitly stated that something is forbidden, then it is perfectly legal. OC is not FORBIDDEN by WA State law, and the laws pertaining to CC say nothing about needing a permit to OC so it is legal to OC in Washington without a license. (I may be from Arizona but I grew up in WA and will be returning in a few months so I am trying to thoroughly understand WA gun laws)
    Hmmm, I can see the road from the corn field !

    Thanks !

    ANY OTHER OPINIONS ?

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    Bersa.380 wrote:
    OK, I just read RCW 9.41.050 regrading carrying firearms, pardon me for not fully understanding the wording.

    I don't see where it says it's OK to OC, also I see it does not say you can't.

    Not sure what side of the corn field I am on ?


    Is there a law that says it's okay for you to pee in your own bathroom? Is there one that says you're allowed to eat dinner at a restaurant? Is there a law which says your car is allowed to be blue?

    Laws don't give you things, they take them away. Some laws reduce the level to which that happens, but that's like me stealing all of your stuff, giving you back 10% of it, and saying that I'm generous because look at what I gave you without prompting.
    "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

  5. #5
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    Tawnos wrote:
    Bersa.380 wrote:
    OK, I just read RCW 9.41.050 regrading carrying firearms, pardon me for not fully understanding the wording.

    I don't see where it says it's OK to OC, also I see it does not say you can't.

    Not sure what side of the corn field I am on ?


    Is there a law that says it's okay for you to pee in your own bathroom? Is there one that says you're allowed to eat dinner at a restaurant? Is there a law which says your car is allowed to be blue?

    Laws don't give you things, they take them away. Some laws reduce the level to which that happens, but that's like me stealing all of your stuff, giving you back 10% of it, and saying that I'm generous because look at what I gave you without prompting.
    Well, now ... ...

  6. #6
    Regular Member FMCDH's Avatar
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    Bersa.380 wrote:
    Tawnos wrote:
    Bersa.380 wrote:
    OK, I just read RCW 9.41.050 regrading carrying firearms, pardon me for not fully understanding the wording.

    I don't see where it says it's OK to OC, also I see it does not say you can't.

    Not sure what side of the corn field I am on ?


    Is there a law that says it's okay for you to pee in your own bathroom? Is there one that says you're allowed to eat dinner at a restaurant? Is there a law which says your car is allowed to be blue?

    Laws don't give you things, they take them away. Some laws reduce the level to which that happens, but that's like me stealing all of your stuff, giving you back 10% of it, and saying that I'm generous because look at what I gave you without prompting.
    Well, now ... ...
    I think what Tawnos is trying to say (in his own special way :P) is that your question is already covered in the Washington OC FAQ at the top of the WA forum, and its probably best that you would have started there instead of starting a new thread on a question that gets asked here about once a week or more.

    We try to encourage self reliance and that people "try" to answer their own questions before asking.

    No harm, but please try and use the search function in the future before starting a new thread on a question. Chances are, if you thought of a question, it probably already has a thread.

    Thx

    http://opencarry.mywowbb.com/forum55/15411.html

    1) Where can I carry in Washington?
    Washington State follows british legal tradition, which states that anything that is not proscribed as unlawful is lawful. So the real question is where can you NOT carry in Washington.
    1.There are four main state statutes that one must be cognizant of: RCW 9.41.050 (Carrying Firearms), RCW 9.41.280 (Carry on School Grounds), RCW 9.41.300 (Weapons Prohibited in Certain Places), and RCW 70.108.150 (Firearms in Outdoor Music Festivals). It is your responsibility to read and understand the definitions and exceptions in the law.
    RCW 9.41.050 is the primary law which affects gun carrying on a day to day basis. This law makes it unlawful for one to conceal a pistol without a concealed pistol license (hereinafter called CPL), and also makes it unlawful for one to carry a loaded pistol in any vehicle, whether it be openly carried or concealed carried unless a person has a valid CPL. Loaded is defined as having ammunition inside of the gun itself (magazine inserted with ammunition with semi-auto, ammunition in cylinder for revolvers).
    Localities may also prohibit the carrying of handguns in the stadiums and convention centers that they operate, however they MUST exempt those who possess a concealed pistol license.
    There are also federal statutes you must be cognizant of:
    18USC922(q), which prohibit the carrying of a handgun within 1000 feet of a school unless you are licensed to carry or meet another exemption to this law. The constitutionality of this law is questionable in light of United States v. Lopez and District of Columbia v. Heller. To our knowledge, there has been no prosecutions of this law where this is the sole charge.
    18USC930, which prohibit the carrying of firearms in any "federal facility" or any "federal court facility".
    Because of the possible myriad legal issues that may arise, in terms of the possible accusation of concealment, carrying in one's car, as well as 18USC922(q), it is highly recommended that any person who open carries in the State of Washington acquire a CPL.


  7. #7
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    FMCDH wrote:
    Bersa.380 wrote:
    Tawnos wrote:
    Bersa.380 wrote:
    OK, I just read RCW 9.41.050 regrading carrying firearms, pardon me for not fully understanding the wording.

    I don't see where it says it's OK to OC, also I see it does not say you can't.

    Not sure what side of the corn field I am on ?


    Is there a law that says it's okay for you to pee in your own bathroom? Is there one that says you're allowed to eat dinner at a restaurant? Is there a law which says your car is allowed to be blue?

    Laws don't give you things, they take them away. Some laws reduce the level to which that happens, but that's like me stealing all of your stuff, giving you back 10% of it, and saying that I'm generous because look at what I gave you without prompting.
    Well, now ... ...
    I think what Tawnos is trying to say (in his own special way :P) is that your question is already covered in the Washington OC FAQ at the top of the WA forum, and its probably best that you would have started there instead of starting a new thread on a question that gets asked here about once a week or more.

    We try to encourage self reliance and that people "try" to answer their own questions before asking.

    No harm, but please try and use the search function in the future before starting a new thread on a question. Chances are, if you thought of a question, it probably already has a thread.

    Thx

    http://opencarry.mywowbb.com/forum55/15411.html

    1) Where can I carry in Washington?
    Washington State follows british legal tradition, which states that anything that is not proscribed as unlawful is lawful. So the real question is where can you NOT carry in Washington.
    1.There are four main state statutes that one must be cognizant of: RCW 9.41.050 (Carrying Firearms), RCW 9.41.280 (Carry on School Grounds), RCW 9.41.300 (Weapons Prohibited in Certain Places), and RCW 70.108.150 (Firearms in Outdoor Music Festivals). It is your responsibility to read and understand the definitions and exceptions in the law.
    RCW 9.41.050 is the primary law which affects gun carrying on a day to day basis. This law makes it unlawful for one to conceal a pistol without a concealed pistol license (hereinafter called CPL), and also makes it unlawful for one to carry a loaded pistol in any vehicle, whether it be openly carried or concealed carried unless a person has a valid CPL. Loaded is defined as having ammunition inside of the gun itself (magazine inserted with ammunition with semi-auto, ammunition in cylinder for revolvers).
    Localities may also prohibit the carrying of handguns in the stadiums and convention centers that they operate, however they MUST exempt those who possess a concealed pistol license.
    There are also federal statutes you must be cognizant of:
    18USC922(q), which prohibit the carrying of a handgun within 1000 feet of a school unless you are licensed to carry or meet another exemption to this law. The constitutionality of this law is questionable in light of United States v. Lopez and District of Columbia v. Heller. To our knowledge, there has been no prosecutions of this law where this is the sole charge.
    18USC930, which prohibit the carrying of firearms in any "federal facility" or any "federal court facility".
    Because of the possible myriad legal issues that may arise, in terms of the possible accusation of concealment, carrying in one's car, as well as 18USC922(q), it is highly recommended that any person who open carries in the State of Washington acquire a CPL.
    BUT ... ... it sure is fun to see how people react to the silliest things, don't you agree ?

  8. #8
    Regular Member FMCDH's Avatar
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    Bersa.380 wrote:
    BUT ... ... it sure is fun to see how people react to the silliest things, don't you agree ?
    It CAN be amusing at times.

    Well....the first few DOZEN times anyway.

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