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Thread: vehicle carry in wa state

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    vehicle carry in wa state

    I know that with my cpl i can carry a loaded pistol on my body in my vehicle but is it leagal to have a loaded mag in my pistol in my glovebox or center console? thanks

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    Glove box gun

    I asked a policeman friend of mine about keeping my Glock in my glovebox while Im driving, his responce was: it is ileagle to not have it on your person, but most cops won't care. He also said that if you get pulled over for some reason, you should tell the policeman that you have a loaded weapon in your glovebox and he has your permission to remove it and hold on to it until he leaves. Removing you registration from the glove box when there is a loaded weapon next to it make a cop very nervious and they don't like surprises.

    Mike

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    Regular Member Vitaeus's Avatar
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    Read the sticky thread in the forum. Some useful RCW:

    RCW 9.41.050 – Carrying firearms.

    (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. (b) A violation of this subsection is a misdemeanor.

    Unloaded, it can be anywhere in the car, if it is loaded you have to meet any of the 3 stated conditions. So loaded in the glove box is fine. Also, to my knowledge, there is no RCW requiring the 2nd poster's need to inform and surrender. Could anyone cite the applicable RCW, IF it exists?

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    Regular Member j2l3's Avatar
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    Quote Originally Posted by mikewj1900 View Post
    I asked a policeman friend of mine about keeping my Glock in my glovebox while Im driving, his responce was: it is ileagle to not have it on your person, but most cops won't care. He also said that if you get pulled over for some reason, you should tell the policeman that you have a loaded weapon in your glovebox and he has your permission to remove it and hold on to it until he leaves. Removing you registration from the glove box when there is a loaded weapon next to it make a cop very nervious and they don't like surprises.

    Mike
    Your police friend is incorrect on both counts. It is NOT illegal to carry your loaded weapon in the glovebox. The only requirement is that you have your CPL while storing it that way. NOTHING in the RCW states you can't carry it in your car that way.

    There is also no requirement in this state to notify the police that you are armed, though in "some" circumstances it might be a good idea. It is NEVER a good idea to give them permission to remove your weapon and store it until they leave. They need Reasonable, Articulable, Suspicion that you have committed a crime, are about to, or are committing a crime to search your vehicle. A traffic stop does not meet that requirement.

    The only thing he told you that is correct is that getting your registration out of the glovebox with a loaded firearm in there would make them nervous and they don't like surprises. However, if he doesn't know the gun is there in the first place, he has no reason to be surprised nor nervous.
    Last edited by j2l3; 03-29-2011 at 06:23 PM.
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    Regular Member j2l3's Avatar
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    The best single piece of advice I have ever seen on this board is to never, ever, ask an LEO for legal advice. It is a rare officer that will actually give you the correct information. Even if they are a friend.
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    I had to get this one clarified as well and agree that it is perfectly legal to store your firearm in the glove box if you have a CPL. I have had 2 different WSP officers tell me, warn me, that I was wrong. I tried to get clarification from the WSP but they would never respond. I now keep my registration in the center console instead of the glove compartment with my gun so that I don't have a reason to tell them about the pistol when I retrieve my registration, if they don't ask, I don't tell.

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    Regular Member amzbrady's Avatar
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    Great topic for a first post. Welcome to OCDO...
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    "(iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. "

    Has anyone determined if this part means the pistol must be locked, the vehicle must be locked, or both? The way it reads makes it sound like the pistol must be locked, like with a trigger lock.

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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by bikemutt View Post
    "(iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle. "

    Has anyone determined if this part means the pistol must be locked, the vehicle must be locked, or both? The way it reads makes it sound like the pistol must be locked, like with a trigger lock.
    1) The pistol must be concealed from view. i.e. in the glove box, or under a towel
    2) The vehicle must be locked. i.e. the doors locked OR in a locked box (or trigger lock)

    not both, just one, no matter how you meet the requirement
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    Quote Originally Posted by gogodawgs View Post
    1) The pistol must be concealed from view. i.e. in the glove box, or under a towel
    2) The vehicle must be locked. i.e. the doors locked OR in a locked box (or trigger lock)

    not both, just one, no matter how you meet the requirement
    I disagree. Seems pretty clear to me that if you're not in the vehicle, the pistol must be concealed from view AND the doors locked or in a lock box.

    Quote Originally Posted by RCW 9.41.050
    (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
    Says nothing about a trigger lock. Just that the pistol must be locked within the vehicle.
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    ...

    Quote Originally Posted by gogodawgs View Post
    1) The pistol must be concealed from view. i.e. in the glove box, or under a towel
    2) The vehicle must be locked. i.e. the doors locked OR in a locked box (or trigger lock).

    not both, just one, no matter how you meet the requirement
    Quote Originally Posted by therealcombat View Post
    I disagree. Seems pretty clear to me that if you're not in the vehicle, the pistol must be concealed from view AND the doors locked or in a lock box..

    Says nothing about a trigger lock. Just that the pistol must be locked within the vehicle.
    Sorry, my last statement is in regards to #2 not the complete RCW.
    Therefore, we agree that both conditions must be met as that is common sense.
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    good to know. I've only heard you cant till recently talking to a employee at a local gun shop that is mainly all about self defence and has alot of police contracts and he was telling me how as far as he knew you could and he does carry loaded in his car with a cpl. I figured know better place to really find out than on here

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    Quote Originally Posted by NavyLT View Post
    I don't know.... could locked within the vehicle be referring to 1/2 of cocked and locked, meaning the bolt or slide of the gun must simply be in battery?
    cant be bolt since the Washington cpl is a concealed pistol licence and doesn't cover rifles. I know that it is illegal to have a loaded magazine in a rifle period. think i magazine in a rifle period actually loaded or unloaded
    Last edited by Jeep Guy; 03-30-2011 at 09:50 PM.

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    Quote Originally Posted by Jeep Guy View Post
    cant be bolt since the Washington cpl is a concealed pistol licence and doesn't cover rifles. I know that it is illegal to have a loaded magazine in a rifle period. think i magazine in a rifle period actually loaded or unloaded
    Hehe couldn't help it.....

    http://www.google.com/search?q=bolt+...w=1024&bih=677
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    Quote Originally Posted by Jeep Guy View Post
    cant be bolt since the Washington cpl is a concealed pistol licence and doesn't cover rifles. I know that it is illegal to have a loaded magazine in a rifle period. think i magazine in a rifle period actually loaded or unloaded
    Having a bolt has nothing to do with whether it's a pistol or rifle.
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    I was thinkin more typical pistols and rifles for people that might not know, then read this and get the wrong idea. sorry

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    Quote Originally Posted by Jeep Guy View Post
    cant be bolt since the Washington cpl is a concealed pistol licence and doesn't cover rifles. I know that it is illegal to have a loaded magazine in a rifle period. think i magazine in a rifle period actually loaded or unloaded
    While you may view pistols as not having a "bolt" can you explain why the part of the slide that contacts the head of the cartridge case is called a "Bolt Face"??????

    Also, the maker of a very popular pistol, the Ruger Mark III refers to their "slide" as a "Bolt".
    Last edited by amlevin; 03-31-2011 at 05:59 PM.
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    Quote Originally Posted by NavyLT View Post
    Man.... all that and I was just kiddin'!
    Shut the door, quick.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Jeep Guy View Post
    I was thinkin more typical pistols and rifles for people that might not know, then read this and get the wrong idea. sorry
    We know just some friendly ribbing.
    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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    Read the LAW

    Quote Originally Posted by Jeep Guy View Post
    I know that with my cpl i can carry a loaded pistol on my body in my vehicle but is it leagal to have a loaded mag in my pistol in my glovebox or center console? thanks

    I have been reading the forum for a while now; I have joined in at a few of the gatherings in Federal Way. This is my first time posting a reply, I have just joined your Forum today. My opinion and my opinion only…..some of the advice on this site could end up getting some people arrested and/or some jail time. With that said.

    Some say, with a CPL, a pistol in the glove box is legal some say a pistol in the glove box is illegal. I say READ THE LAW, understand what the law is saying, take the law very literally and you can’t go wrong. The judge you come in front of, after you have been arrested, will most likely take the law very literally. The words below are the LAW and they read “unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee’s person,” The KEY words are “ The pistol is on the licensee’s person”. That is not saying the glove box is OK or the center consol is OK. The law states the pistol must be on the licensee’s person.

    RCW 9.41.050 Carrying firearms
    (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.

    I agree with the person that consulted with a cop friend that stated the cops will not give you a hard time if you have a CPL and keep a pistol in your glove box. That would be a good cop on a good day. Should you end up with the bad cop on a bad day or the good cop on a bad day, you could end up being the person having a very bad day and in need of a lawyer.

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    Regular Member sudden valley gunner's Avatar
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    Every once in awhile that or gets overlooked.
    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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    [QUOTE=NavyLT;1500627]1. I would suggest you read the entire law. Especially the word that I highlighted:

    RCW 9.41.050 Carrying firearms
    (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.

    2. I would also suggest that you read what the Attorney General of the State of Washington has to say about it:

    http://dyna-vault.com/images/Guns%20in%20Vehicles.pdf



    1. I did read the entire law; I know what the law says. That is why I decided to comment. I read the law exactly the way a cop would read the law while sitting in his patrol car reading the RCW on his lap top. If you are planning on the letter from the AG to save you from ending up in front of a judge, I might suggest you place a copy of that letter in your glove box with your gun. I think my gun will stay on my hip while I am driving.

    2. I did read what the AG of the state of Washington had to say about it. The part that scares me is[I] “For the reasons set fourth below, it is my opinion that your question should be answered in the affirmative”.[/I] For my money “my opinion” and “should be” are not strong enough words and may not hold up in front of the judge you may end up in front of with your beliefs. Until the RCW has better wording, my gun will stay on my hip while I am driving.

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    Campaign Veteran gogodawgs's Avatar
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    Welcome big dog.....

    Your opinion is completely and utterly incorrect. Explain to me a few years back when I was pulled over on I-5, and received a soon to be dismissed speeding ticket, why the Washington State Patrol Sargent looked at my loaded Sig laying on the passenger seat and did not cite me for having an loaded firearm 'on my person?' His only question was "do you always carry?" To which I responded "yes" and he said "I can't blame you, it's rough our here."

    The 'or' is a commonly used legislative linguistic practice, it means precisely what NavyLT described above. 100s if not 1000s of CPL holders are pulled over every year with a pistol not on their person. Having done ride-a-longs with local sheriffs and WSP I can say in the affirmative that your view is precisely wrong. The legislature intentionally put the 'or' in this RCW and many many others as a clear indication that the phrase is not inclusive but rather limited in scope. The AG reaffirms the language.

    Again, welcome and keep reading...
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    Regular Member sudden valley gunner's Avatar
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    Of course then there are city cops....."Deputy Chief" Flo Simon here in Bellingham told me if I have a CPL I have to leave it in the car or conceal.

    So then again her comment would coincide with Gogo and NavyLT, yet she was utterly wrong about not being able to open carry.
    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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