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Clarification on Car Carry

acmariner99

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The WA Regs on Car Carry seem pretty straight forward:

(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.

But, how must the firearm be stored if you do not have a CPL? According to the Traveler's Guide to the Firearms Laws of the Fifty States (which is written by a lawyer) has the following statement about unlicensed car carry in Washington:

"Travelers without Washington Licenses may not carry loaded handguns anywhere in a vehicle. Such weapons must be unloaded and secured in gun cases specifically designed for transporting handguns."

The latter statement seems absurd -- what is considered to be an acceptable mode of unlicensed carry? I would prefer to just pop the mag and keep the handgun in my glovebox or holstered either on my person or in a place where I can have reasonable access to it -- just unloaded. Is this allowed under WA law? How do LEO's typically respond to unlicensed car carry in this manner. Thanks!

We no longer have to worry about such things in Arizona no more! I think WA should move forward in trying to better our carry RIGHTS, not privileges!
 

gogodawgs

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acmariner99 wrote:
The WA Regs on Car Carry seem pretty straight forward:

(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.

But, how must the firearm be stored if you do not have a CPL? According to the Traveler's Guide to the Firearms Laws of the Fifty States (which is written by a lawyer) has the following statement about unlicensed car carry in Washington:

"Travelers without Washington Licenses may not carry loaded handguns anywhere in a vehicle. Such weapons must be unloaded and secured in gun cases specifically designed for transporting handguns."

The latter statement seems absurd -- what is considered to be an acceptable mode of unlicensed carry? I would prefer to just pop the mag and keep the handgun in my glovebox or holstered either on my person or in a place where I can have reasonable access to it -- just unloaded. Is this allowed under WA law? How do LEO's typically respond to unlicensed car carry in this manner. Thanks!

We no longer have to worry about such things in Arizona no more! I think WA should move forward in trying to better our carry RIGHTS, not privileges!

As long as the chamber is cleared and the magazine is out of the handgun (it may remain loaded) it may be anywhere in the car.

Favorite analogy....

you may duct tape the magazine to the grip and duct tape the handgun and magazine to your forehead while driving, it would be legal....
 

acmariner99

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Renton, Wa
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gogodawgs wrote:
acmariner99 wrote:
That is very helpful thank you!
don't have it concealed on your person while driving...
I would assume that if my sidearm was partially covered by my seat belt, that it would be considered concealed? If that is the case, Id just keep it in the glovebox or on the seat next to me.
 

gogodawgs

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acmariner99 wrote:
gogodawgs wrote:
acmariner99 wrote:
That is very helpful thank you!
don't have it concealed on your person while driving...
I would assume that if my sidearm was partially covered by my seat belt, that it would be considered concealed? If that is the case, Id just keep it in the glovebox or on the seat next to me.
That is where it might be murky, the glove box is recommended so that if you come to a quick stop you don't have an 8 lb. piece of metal flying around the car.
 

acmariner99

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gogodawgs wrote
I would assume that if my sidearm was partially covered by my seat belt, that it would be considered concealed? If that is the case, Id just keep it in the glovebox or on the seat next to me.
That is where it might be murky, the glove box is recommended so that if you come to a quick stop you don't have an 8 lb. piece of metal flying around the car.
The glove box it is then. I've lived in WA most of my life, but all of my paperwork is from AZ -- save my voter card so proving I've been in WA for '90 days' would be hard. Guess I'll have to live with the little inconvenience of having to pop the mag every time I get in the car. I prefer to OC anyway. My family is in Federal Way, so I'll look you guys up come May.
 

acmariner99

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How long does that take? I remember hearing that it takes up to 60 days to get a non-resident CPL, and by then I won't be in WA for much longer after that.
 

.45ACPaddy

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Oct 15, 2009
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Location
Lakewood, WA
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acmariner99 wrote:
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.
This is where a lot of people get hung up. The condition of the person having a CPL must be met in addition to one of the three condition that I put in italics. The keyword among the italicized words is the word "or" which I bolded. This means that only one of the conditions must be met. It's a, b, OR c. In this case it's A must be met in addition to 1, 2, OR 3.

However, this law only applies to loaded pistols. It says in the beginning:

"A person shall not carry or place a loaded pistol in any vehicle unless..."

It makes no mention of unloaded pistols.

RCW 9.41.010

(10) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

Therefore, unloaded means no round(s) in the cylinder or chamber, and no charged magazine in the pistol.

Carry without one in the pipe and just drop the mag before entering a vehicle, as SVG said. Then when you get out, put the mag back in.

I'd practice drawing and racking the slide in addition to drawing with an indexed finger. I used to carry without one in the pipe before I got my CPL. I'd practice drawing while racking the slide, and I'd practice just drawing with my finger along the side of the frame. I found the Blackhawk Serpa holster to be the best for getting into the habit of drawing with a safe firing grip since you have to push the button on the side of the holster with your trigger finger, which positions that finger right above the trigger guard. A combination of both would be very useful in your case.
 
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