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Open Carry versus Concealed Carry: What is the law?

X-Beast

Regular Member
Joined
May 7, 2010
Messages
11
Location
, ,
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?
 

joejoejoe

Regular Member
Joined
Jan 12, 2010
Messages
319
Location
Vancouver, WA
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~
 

Thor80

Regular Member
Joined
Jan 8, 2011
Messages
299
Location
Spokane County, WA
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
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
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!
 

gogodawgs

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

IMG_0592.jpg
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
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.
 

heresolong

Regular Member
Joined
Oct 4, 2007
Messages
1,318
Location
Blaine, WA, ,
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.
 

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
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.
 

Trigger Dr

Regular Member
Joined
Oct 3, 2007
Messages
2,760
Location
Wa, ,
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.
 
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