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Thread: Non-resident visiting WA, no concealed permit, is loaded open carry OK?

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    Hey all,

    I am a CA resident, which sucks because we can currently only open carry while unloaded and they are trying to take that away from us too.

    But I visit WA every now and thenbecause my family has property up there. I plan to bring my handgun with me next time I visit WA but I want to confirm a few things with you resident carriers.

    From what I have read, I can legally open carry a loaded handgun without a concealed permit as long as Im not in a vehicle, on school property, or in a government building. Is this correct? And all local laws are preempted by WA state law so it shouldnt matter where in the state I am.

    Do the officers in WA have a pretty decent knowledge of the open carry laws or should I expect a negative encounter andmake sure to havemy recorder running?

    Any tips or advice would be great. I dont plan to enter any government buildings or schools and if I im inthe car, I will unload it and lock it in a container untilI reachmy destination. At which point,I will then load and holster it openly on my hip.

    Thanks!


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    Regular Member acmariner99's Avatar
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    tonyoverthere wrote:
    Hey all,

    I am a CA resident, which sucks because we can currently only open carry while unloaded and they are trying to take that away from us too.¬*

    But I visit WA every now and then¬*because my family has property up there. I plan to bring my handgun with me next time I visit WA but I want to confirm a few things with you resident carriers.

    From what I have read, I can legally open carry a loaded handgun without a concealed permit as long as Im not in a vehicle, on school property, or in a government building. Is this correct? And all local laws are preempted by WA state law so it shouldnt matter where in the state I am.

    Do the officers in WA have a pretty decent knowledge of the open carry laws or should I expect a negative encounter and¬*make sure to have¬*my recorder running?

    Any tips or advice would be great. I dont plan to enter any government buildings or schools and if I im in¬*the car, I will unload it and lock it in a container until¬*I reach¬*my destination. At which point,¬*I will then load and holster it openly on my hip.

    Thanks!
    Being that I am a non-resident, I figure this is important to know as well. Loaded OC is allowed on foot without a permit, BUT -- big BUT, no loaded carry in a car without a valid permit for WA. Any mags may be kept near the gun (and loaded), but both the mag well and chamber must be empty for semi-autos and the cylinder must be empty for revolvers. I've been told that you can store the unloaded gun anywhere you like as long as it is unloaded. Others please confirm.

    I don't know about police, but if you are in Seattle Metro, I would expect that a few LEO's are not well informed about OC's legality here. You will be much better off than Cali, but as my family has already told me: this is not Arizona! Open carry has been a cake walk for me so far, so I am in "unfriendly" territory compared to what I am used to but you will feel far more free here than in PRKali. But if you/and me are armed with information and are professional and confident, I expect few problems.

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    Ok...so when walking around on foot, I can open carry while loaded but when I get in the car, I must remove the mag from the well. I can still keep the gun holstered while driving but I must pull the mag out and say, put it on the seat next to me.

    Also, I might be in Seattle at some point, but for the most part, I'll be in Mason County, fairly small town stuff.

    Coming up there from Cali, I can only imagine what the freedom to carry loaded will feel like!

    Also, do you WA residents practice using recorders while carrying or find that its not really needed?


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    Regular Member Lammo's Avatar
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    tonyoverthere wrote:
    Ok...so when walking around on foot, I can open carry while loaded but when I get in the car, I must remove the mag from the well. I can still keep the gun holstered while driving but I must pull the mag out and say, put it on the seat next to me.

    SNIP
    Don't forget that you must also clear the chamber. Unloaded in WA means completely empty (RCW 9.41.010(10)(a) & (d)). I'm over on the dry side so I don't know what the atmosphere is like in Mason Co. - - I imagine there is a thread or two in here that might cover that part of the wet side.
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    One other thing to add is the restriction in government buildings is only federal buildings and local courthouses. You can walk into city hall, provided the local court is not housed there, and you are within the law.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    tonyoverthere wrote:
    Hey all,

    I am a CA resident, which sucks because we can currently only open carry while unloaded and they are trying to take that away from us too.¬*

    But I visit WA every now and then¬*because my family has property up there. I plan to bring my handgun with me next time I visit WA but I want to confirm a few things with you resident carriers.

    From what I have read, I can legally open carry a loaded handgun without a concealed permit as long as Im not in a vehicle, on school property, or in a government building. Is this correct? And all local laws are preempted by WA state law so it shouldnt matter where in the state I am.

    Do the officers in WA have a pretty decent knowledge of the open carry laws or should I expect a negative encounter and¬*make sure to have¬*my recorder running?

    Any tips or advice would be great. I dont plan to enter any government buildings or schools and if I im in¬*the car, I will unload it and lock it in a container until¬*I reach¬*my destination. At which point,¬*I will then load and holster it openly on my hip.

    Thanks!
    If you have an out of state license, go to the Kitsap County Sheriff's Office in Silverdale. They have a reputation for same day license issuance.

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    joeroket wrote:
    One other thing to add is the restriction in government buildings is only federal buildings and local courthouses. You can walk into city hall, provided the local court is not housed there, and you are within the law.
    If the local court is housed there, dont they have to provide a lock box?
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    amzbrady wrote:
    joeroket wrote:
    One other thing to add is the restriction in government buildings is only federal buildings and local courthouses. You can walk into city hall, provided the local court is not housed there, and you are within the law.
    If the local court is housed there, dont they have to provide a lock box?
    By law, they're suppose to.

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    amzbrady wrote:
    joeroket wrote:
    One other thing to add is the restriction in government buildings is only federal buildings and local courthouses. You can walk into city hall, provided the local court is not housed there, and you are within the law.
    If the local court is housed there, dont they have to provide a lock box?
    That or a person to check the weapon with.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    tonyoverthere wrote:
    Ok...so when walking around on foot, I can open carry while loaded but when I get in the car, I must remove the mag from the well. I can still keep the gun holstered while driving but I must pull the mag out and say, put it on the seat next to me.
    You can put the mag in your pocket if you wanted, Washington state doesn't have restrictions on concealing ammunition like California does.

    Basically, as long as the firearm is unloaded, then the location of the magazine and the pistol (in your case) doesn't matter as long as they're not locked together. The pistol could be holsterered, in a glove box, or the ever popular option, taped to your forehead as long as it is empty. Likewise with the magazine.

    About the only problem you'll run into is local businesses that don't allow open carry, just take a look a the "do not patronize" list at the top of the forum. State preemption says local cities and counties can't put local restrictions on carrying, so if you see a sign that says no firearms, the sign is illegal and you're in the free and clear to carry openly.

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    then the location of the magazine and the pistol (in your case) doesn't matter as long as they're not locked together.
    The magazine, full of ammo can be locked in the same case as the weapon.


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    M1Gunr wrote:
    then the location of the magazine and the pistol (in your case) doesn't matter as long as they're not locked together.
    The magazine, full of ammo can be locked in the same case as the weapon.
    But ther magazine cannot be "Locked" in the firearm

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    M1Gunr wrote:
    then the location of the magazine and the pistol (in your case) doesn't matter as long as they're not locked together.
    The magazine, full of ammo can be locked in the same case as the weapon.
    I think that was meant as in "LOCK & LOAD" but it is rather ambiguous...

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    OC loaded is fine. Gotta unload your pistol when you get into a car, though.

    And of course, no federal buildings, blah blah blah.
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    acmariner99 wrote:
    I don't know about police, but if you are in Seattle Metro, I would expect that a few LEO's are not well informed about OC's legality here. You will be much better off than Cali, but as my family has already told me: this is not Arizona! Open carry has been a cake walk for me so far, so I am in "unfriendly" territory compared to what I am used to but you will feel far more free here than in PRKali. But if you/and me are armed with information and are professional and confident, I expect few problems.
    Seattle police are well versed on open carry legallity. Very few have trouble with the Seattle PD and most of our officers support open carry and the 2nd Amendment. Our state constitution is even stronger than the 2nd amendment. Most will just nod and go about their business.

    The Washington State Patrol is even better and more respectful. Highly professional and will not bother you.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    Just carry Israeli style nothing in the chamber and discreetly insert/remover magazine after exiting or before entering a vehicle. Watch out you might not want to go back to Cali.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
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    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    j2l3 wrote:
    acmariner99 wrote:
    I don't know about police, but if you are in Seattle Metro, I would expect that a few LEO's are not well informed about OC's legality here. You will be much better off than Cali, but as my family has already told me: this is not Arizona! Open carry has been a cake walk for me so far, so I am in "unfriendly" territory compared to what I am used to but you will feel far more free here than in PRKali. But if you/and me are armed with information and are professional and confident, I expect few problems.
    Seattle police are well versed on open carry legallity.¬* Very few have trouble with the Seattle PD and most of our officers support open carry and the 2nd Amendment.¬*¬* Our state constitution is even stronger than the 2nd amendment.¬* ¬*Most will just nod and go about their business.

    The Washington State Patrol is even better and more respectful.¬* Highly professional and will not bother you.
    Thanks for the heads up (a couple of "old friends" have said they've run into problems with some departments in the area for things in addition to carry)-- this is a little OT for this thread, but I could use the info: Where in King and Snohomish Counties is the best place to get an out of state CPL? I may have a hard time proving that I lived here for 18 years as all of my documentation is from AZ now. People have mentioned the Kitsap County Sheriff in Silverdale, but thats a little out of the way for me.

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    Regular Member j2l3's Avatar
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    Just about EVERY place else besides Kitsap County will make you wait 60 days as a non-resident.... sad to say.

    King County SO in downtown Seattle are very professional, but you will wait for them to mail it to you in 60 days.
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    Trigger Dr wrote:
    M1Gunr wrote:
    then the location of the magazine and the pistol (in your case) doesn't matter as long as they're not locked together.
    The magazine, full of ammo can be locked in the same case as the weapon.
    But ther magazine cannot be "Locked" in the firearm
    This was what I was getting at.

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    Regular Member sudden valley gunner's Avatar
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    I don't think it can be inserted into the well at all.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member sudden valley gunner's Avatar
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    I left message with my number. Sucks I'm so far away.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  22. #22
    Regular Member sudden valley gunner's Avatar
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    Thank you for that clarification. Not that I would chance it but it is always better to know more.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Campaign Veteran ak56's Avatar
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    NavyLT wrote:
    sudden valley gunner wrote:
    I don't think it can be inserted into the well at all.
    RCW 9.41.010:
    (9) "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.

    Technically, the magazine ("clip") can be inserted into the firearm, it just can't be locked in place.
    Nope.
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    sudden valley gunner wrote:
    Just carry Israeli style nothing in the chamber and discreetly insert/remover magazine after exiting or before entering a vehicle. Watch out you might not want to go back to Cali.
    This is probably what I will do. My holster has a mag pouch on it so before I get in the car, Ill just remove the mag and put it in the pouch. Then when I get out of the car, I can just slide the mag back into the gun and go about my merry way. Im already itching for a way out of Cali. This just adds another reason to the list.

    Do store owners have the right to ask me to leave or put my gun in the car?

    Does the state consider a public ferry to be a vehicle in which I must unload while on board (such as whendriving a car)?

    I ask these 2 questions because if I go into Seattle for the day, I will have to park my car in Bremerton, then walk onto the ferry to get to Seattle. Plus if Im on foot all day in Seattle, and a store owner asks me to leave or put my gun in the car, I wont have that option since my car is in Bremerton.

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    tonyoverthere wrote:
    sudden valley gunner wrote:
    Just carry Israeli style nothing in the chamber and discreetly insert/remover magazine after exiting or before entering a vehicle. Watch out you might not want to go back to Cali.
    This is probably what I will do. My holster has a mag pouch on it so before I get in the car, Ill just remove the mag and put it in the pouch. Then when I get out of the car, I can just slide the mag back into the gun and go about my merry way. Im already itching for a way out of Cali. This just adds another reason to the list.

    Do store owners have the right to ask me to leave or put my gun in the car? Yes, a private business may ask you to leave.

    Does the state consider a public ferry to be a vehicle in which I must unload while on board (such as whendriving a car)? Our public ferry system/buses are part of the public highway, you must carry unloaded unless you have a CPL.

    I ask these 2 questions because if I go into Seattle for the day, I will have to park my car in Bremerton, then walk onto the ferry to get to Seattle. Plus if Im on foot all day in Seattle, and a store owner asks me to leave or put my gun in the car, I wont have that option since my car is in Bremerton.
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