Results 1 to 10 of 10

Thread: Open Carry versus Concealed Carry: What is the law?

  1. #1
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    11

    Open Carry versus Concealed Carry: What is the law?

    I was at a meeting the other night and the subject of firearms laws came up and we were talking about open carry. One person said that the law in the state of Washington is that you can not open carry if you have a concealed pistol permit and if you do the powers that be will take your permit away. It's either or and not both. If you have a CPP you must only carry concealed. If you don't have a CPP then you can only open carry. Is there any truth to that caviat concerning open carry if you have a concealed pistol permit?

  2. #2
    Regular Member joejoejoe's Avatar
    Join Date
    Jan 2010
    Location
    Vancouver, WA
    Posts
    321
    My roommate used to tell me this is why he didn't open carry. He said he didn't want to lose his CPL. I am not familiar with the history of the laws, but according to the RCW, it was effective as of -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460.

    It may have been possible that prior to the preemption law, there were laws regulating the carry. I am not old enough, so maybe one of the older gentlemen or ladies might be able to tell you. However, this is not the case now. Open carry is your guarded right (with certain restricted areas) and concealed carry requires a permit. It is NOT either or. You can do both.

    Joe~

  3. #3
    Regular Member Thor80's Avatar
    Join Date
    Jan 2011
    Location
    Spokane County, WA
    Posts
    299
    Hi All,
    I'm pretty new here too. I have also heard this "rumor". But after reading and educating myself here for the last few weeks. I'd think that this is not true due to several posts I've read about folks who go back and forth between OC and CC. I believe that our state constitution gives us the right to OC, but obtaining a CC permit gives us the option to conceal if we desire. I'm looking forward to hearing others input. Nice to meet ya'll and I look forward to reading about all the experiences here in WA!

    -Thor

  4. #4
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    well,,,

    29 states allow OC for anyone!
    3 states allow CC to anyone!
    several states do not allow anyone to OC, texas, florida!
    many states require a permit to OC and/or CC!

    there are cops and fools in every state that say you may not OC if you have a permit!
    none of those cops or fools will tell you that if you have a drivers license, you may not walk!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  5. #5
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666
    Quote Originally Posted by X-Beast View Post
    I was at a meeting the other night and the subject of firearms laws came up and we were talking about open carry. One person said that the law in the state of Washington is that you can not open carry if you have a concealed pistol permit and if you do the powers that be will take your permit away. It's either or and not both. If you have a CPP you must only carry concealed. If you don't have a CPP then you can only open carry. Is there any truth to that caviat concerning open carry if you have a concealed pistol permit?
    There is no law that prevents open carry if you have a concealed permit. And there has never been one in Washington State. And I am absolutely certain that you can OC with a permit as I often do in the presence of Law Enforcement and......wait for it.....the Attorney General of Washington state.

    Live Free or Die!

  6. #6
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    X-Beast

    It's really uncomplicated. The Constitution of Washington State guarantees the right to carry a firearm for self defense. The ONLY reason there is a CPL is to regulate those who choose to do so Concealed. No more, no less.

    There are those who like to make their own interpretations. The most common is that admonition, usually administered by an "All Knowing" friend or LEO that "Concealed means Concealed". There is no requirement that one who has a CPL only carry by that method. You don't even need to have your CPL on your person if you are not carrying concealed or carrying a loaded Pistol/Revolver in a Motor Vehicle.

    You ARE required to show the CPL when carrying concealed to any LEO that requests.

    As for all those that tell you otherwise, just smile, nod your head, and then ignore them. They usually have a bunch of theories on other subjects as well on which they are just as misinformed.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  7. #7
    Regular Member
    Join Date
    Oct 2007
    Location
    Blaine, WA, ,
    Posts
    1,315
    Quote Originally Posted by amlevin View Post
    As for all those that tell you otherwise, just smile, nod your head, and then ignore them. They usually have a bunch of theories on other subjects as well on which they are just as misinformed.
    The problem with this is that they then continue to spread their misinformation. I'd suggest that next time you are at that meeting, have some of the OC flyers with you. Point out that you did some research because of the discussion and you can't find any law that states that you are required to conceal if you have a CPP. Ask if any of them were able to find the wording of a law that leads them to believe their argument. You might also point out the simple wording of RCW 9.41.050

    Carrying firearms.

    (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
    You can also point out that this section does not state that you are required to carry concealed, only that you have to have the license to do so.

  8. #8
    Activist Member golddigger14s's Avatar
    Join Date
    Apr 2010
    Location
    Lacey, Washington, USA
    Posts
    1,990

    OC vs CC

    I like having a CPL, why? Because when I OC I can get in my car without removing my gun and unloading it. There is no law that says one or the other.
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
    "Evil often triumphs, but never conquers." Joseph Roux
    http://nwfood.shelfreliance.com

  9. #9
    Regular Member
    Join Date
    Oct 2007
    Location
    Wa, ,
    Posts
    2,769
    What is a "license"?
    Authorization to perform a restricted activity. A Concealed Pistol License is just that...AUTHORIZATION to carry a pistol in a manner (concealed) that is restricted by law, there is no reference anywhere in the RCW stating mandatory concealed carry if one has a CPL.
    Article 1 section 24 of the Wa Constitution solidifies the right to carry arms by an INDIVIDUAL in defense of self and state. No mention is made referencing method of carry.
    Under our system of law, if an act is not restricted, it is LEGAL.
    Last edited by Trigger Dr; 01-08-2011 at 12:09 PM.

  10. #10
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •