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Open Carry in Car

Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
I let my CWP lapse and went down to Thurston County Sheriff's office to renew earlier this week. That being said can I open carry in my car loaded? Doesn't it say something about having the weapon seperate from the ammo when traveling in the car? Please advise.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Our favorite question.

RCW 9.41.290 A person may carry a loaded firearm in a vehicle only if they have a valid cpl. Those without a valid cpl may carry a firearm in a vehicle only if the firearm is unloaded and not concealed in any way on the body.

The above is correct, it can not be concealed in any way on the body.

Therefore......(drum roll please)

OCDO suggests...

You remove the round from the chamber and magazine from the gun. Duct tape the magazine to the grip and duct tape them all to your forehead. That would be legal, unloaded and in plain view.:monkey
 

BobR

Regular Member
Joined
Jun 12, 2007
Messages
391
Location
West Plains, ,
That being said can I open carry in my car loaded?

Short answer....No.

Longer answer

(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.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050

bob
 

Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
Thanks. I carried unloaded last night because I suspected as much. You guys have come through again. Thanks!
 

Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
Scenario: Cop pulls me over for traffic infraction. I inform him that I am open carrying out of courtesy (dont know if I am legally obliged to do so). He asks if I have a CPL. I say , "No" At that point does he have a right to remove my firearm to see if I am in compliance?
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Scenario: Cop pulls me over for traffic infraction. I inform him that I am open carrying out of courtesy (dont know if I am legally obliged to do so). He asks if I have a CPL. I say , "No" At that point does he have a right to remove my firearm to see if I am in compliance?

I personally would not inform him. Having anything in your car, including a firearm, has nothing to do with a traffic infraction. If, and it would be rare, you are asked to step out of the car then I would inform the officer. Furthermore, I find that very few officers ask if you have a CPL while driving. Even if asked if you have any weapons in the car, you are not obligated to respond. However, out of courtesy you might respond. And yes, as to officer safety, an officer may temporarily disarm someone.

Also, I suggest you do NOT admit to speeding or any other traffic violation.
 
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jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
I personally would not inform him. Having anything in your car, including a firearm, has nothing to do with a traffic infraction. If, and it would be rare, you are asked to step out of the car then I would inform the officer. Furthermore, I find that very few officers ask if you have a CPL while driving. Even if asked if you have any weapons in the car, you are not obligated to respond. However, out of courtesy you might respond. And yes, as to officer safety, an officer may temporarily disarm someone.

Also, I suggest you do NOT admit to speeding or any other traffic violation.

I might even go so far as after being invited to step out of my truck, to lock the door and close it after exiting and leave the keys inside and take my phone....if he wants to search it, he needs a warrant.....after its all sorted, I call the special number on my speed dial and they unlock it somehow from space....and I'm on my way.

gee, maybe Squeak is right?
 

Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
Different Scenario

According to you guys I dont have to answer as to whether I have a weapon or not, correct? But my CPL card says that I have to show it upon demand. How will the officer know if I have a CPL if I dont answer if I am CC'ing?
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
Different Scenario

According to you guys I dont have to answer as to whether I have a weapon or not, correct? But my CPL card says that I have to show it upon demand. How will the officer know if I have a CPL if I dont answer if I am CC'ing?

I think you answered your own question....:cool:
 
Last edited:

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
RCW 9.41.290 A person may carry a loaded firearm in a vehicle only if they have a valid cpl. Those without a valid cpl may carry a firearm in a vehicle only if the firearm is unloaded and not concealed in any way on the body.
http://forum.opencarry.org/forums/attachment.php?attachmentid=3385&d=1280151535

Perhaps it would be best to substitute the word "handgun" for the term firearm in your description. Only handguns can be carried in a vehicle while loaded. Long guns (rifles, shotguns) can never be carried in vehicles while loaded. "Firearms" is usually construed to mean both handgun and long gun.
 
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Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
I think you answered your own question....:cool:


I thought I did but isnt it self-binding ? Meaning if you dont originally inform the officer then no step # 2? Should that be re-revisited as a statue? It just doesnt make sense.
 

Tomas

Regular Member
Joined
Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
I've already been yelled at for the way I handled this, so don't bother...
________

Last "traffic stop" for me was a young cop all puffed up and playing big man griping at me for not backing off and letting him cut in front of me when his traffic lane ended after he had ample warning that "lane ends."

When he finally got around to asking if there was anything in the car he should be aware of I said "Two loaded pistols, condition one."

After turning pale and looking like he wanted to pee himself I finally got him to look in his hand and my DL and CPL, which I had handed him when he asked for ID earlier.

He looked, handed them back, and told me to have a nice day.

YMMV...
 

Lovenox

Regular Member
Joined
Aug 3, 2010
Messages
538
Location
Olympia
i've already been yelled at for the way i handled this, so don't bother...
________

last "traffic stop" for me was a young cop all puffed up and playing big man griping at me for not backing off and letting him cut in front of me when his traffic lane ended after he had ample warning that "lane ends."

when he finally got around to asking if there was anything in the car he should be aware of i said "two loaded pistols, condition one."

after turning pale and looking like he wanted to pee himself i finally got him to look in his hand and my dl and cpl, which i had handed him when he asked for id earlier.

He looked, handed them back, and told me to have a nice day.

Ymmv...

lol!!!!!!!!
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
I don't inform officers I am carrying just like I don't inform them I am recording or carrying the latest book I am reading.

Now you understand if you are carrying the Qua'ran or the Bible or any other religious book....YOU MUST inform them immediately! Or you will be in violation.....

Oh Wait! I was thinking of a different time and a different country.....

never mind.... same here!:monkey
 
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