Thread: Concealed Rifle in Car, etc.
I was reading §9.41.050, and it reads that only the concealed carrying of a pistol (gun with a barrel less than 16") is prohibited without a license, along with carrying a loaded pistol in a vehicle without a license. Without checking the hunting regs yet, I'm guessing it's not kosher to have a loaded rifle in a car, but what about concealed carry? There's a chance I'll be in WA in about a month, and I'd prefer not to have to keep my truck rifle in the bed instead of the cab while I'm there. Did I miss a section of code I should've read?
Loaded firearm in vehicle — Unlawful use or possession — Penalty.
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:
(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and
(b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.
(2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.
(3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;
(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.
(5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
Hope this helps!
Sorry everyone I know I am contributing to an OT thread but I felt getting OP info was important so he didnt get in trouble.
Last edited by bennie1986; 08-18-2010 at 12:38 PM.
This is one of a handful of firearm restrictions located outside of RCW 9.41.
Edit - - I see Ben beat me by 2 minutes. Too much lawyer thinking going on here. :-)
Last edited by Lammo; 08-18-2010 at 12:37 PM.
Don't be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
Outside of a dog, a book is a man's best friend. Inside of a dog it's too dark to read. (Groucho Marx)
They just pulled up the applicable laws concerning the rifle - so long as you keep it unloaded you're fine.
Why conceal carry it? How are you going to conceal carry a rifle? Hmmm.
Keep it simple:
Unload it and secure it in your cab while you are here.
Transporting Firearms During Travel
A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.
Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.
Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard an aircraft.The Transportation Security Administration(TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long the firearm is unloaded.
Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.
Aye, I was never talking about carrying it for defensive purposes or loaded, just double-checking that I hadn't missed some obscure statute somewhere requiring that a longarm needed to be transported outside of the passenger compartment of a vehicle. I don't have a shell or cover for my truck bed, so "securing" it out of the cab isn't an option.
Cable-locked to the seat frame and covered with a blanket sounds like an option, then. Thanks for the info, everyone!
Also you do NOT need to store your loaded mags in a separate area. They can be stored anywhere you want as long as they are not "loaded" into the weapon.
EDIT: If you go hunting be sure to unload your long gun before placing it in the bed of the truck or even leaning it against the truck. I have heard stories of folks being ticketed for both.
Last edited by END_THE_FED; 08-19-2010 at 03:39 AM.
A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801
So how exactly do you shoot one of those with that nerf bar sticking out the back?
It is very wise to not take a watermelon lightly.
I think I'd rather an AK Draco pistol even though I prefer the AR platform, because I don't like the buffer tube sticking out the rear.
Or shoot from the hip.
Last edited by k.rollin; 08-20-2010 at 11:05 PM.
It is very wise to not take a watermelon lightly.
I also prefer the cheek weld the pistol buffer tube, provides more stability and accuracy than shooting from the hip.
I was joking when I suggested shooting from the hip. My didn't make that apparent I guess.
Thompson made a pistol, as a kit that included a buttstock, and a 16" barrel, allowing the user to attach the barrel and then the buttstock thereby making a legal rifle. Attaching the buttstock with the pistol barrel constituted an SBR, and ATF attempted to sue Thompson for back taxes (they never paid for 'making an SBR'). USSC ruled FOR Thompson, saying that constructive possession did NOT apply, because it was designed primarily as a pistol, and the longer barrel and buttstock were spare parts to put it into a legal configuration.
Once MADE as a rifle, it cannot be MADE as a pistol.
It is MADE a pistol by registration, features, barrel length, etc. it can then be turned into a rifle configuration, and back.
The logic (if there is any) is that pistols are regulated more. So theoretically an 18 y/o could buy a rifle and put on a pistol grip and cut down the barrel and he'd legally own a pistol under 21, which is a no-go. Now if he BUYS a pistol, puts a long barrel on it and a buttstock, it's now in a legal rifle configuration, he can then remove the longer barrel and buttsock and return it to the pistol configuration.
My lower was transferred as an 'other',and simultaneously registered in the state as a pistol, and made AS a pistol.
That being said, I don't have a buttstock or rifle upper, so it hasn't been configured that way. I will NOT be getting a buttstock until I get another RIFLE lower, in which case any parts I have would be considered spare parts, and can't be viewed in any way as constructive possession.
I WOULD SBR it, except the dumb WA laws....
I still don't F'in understand what a 200$ 'tax stamp' has to do with a buttstock and a short barrel.. W T F...