WA Fish and Wildlife proposal - ban all loaded vehicle carry

bikemutt · Aug 4, 2011

Not sure if anyone has seen this and may know more about it.

"14. Amends RCW 77.15.460 to make it a crime to possess a loaded firearm in or on a motor vehicle or to unlawfully use a loaded firearm from within a motor vehicle or from or on a nonhighway vehicle as defined in
RCW 46.09.310".

http://wdfw.wa.gov/commission/meetings/2011/08/aug0611_2012_%20request_leg_prop.pdf

On the surface this would appear to outlaw any loaded carry in vehicles, ATV etc.

There is a public meeting scheduled at 08:30
FISH AND WILDLIFE COMMISSION MEETING
August 5-6, 2011
Natural Resources Building
First Floor, Room 172
1111 Washington St SE
Olympia, Washington 98501

I'd go down there but I'm heading east for the weekend.

cbpeck · Aug 4, 2011

It sounds like it, but does WDFW have the authority to modify gun statutes? Where does preemption become relevant?

amlevin · Aug 4, 2011

cbpeck said:
It sounds like it, but does WDFW have the authority to modify gun statutes? Where does preemption become relevant?

State Preemption doesn't preempt State. As it is, we can't carry loaded rifles in vehicles because of WDFW regulations, not Firearm regulations under RCW 9.41

If they prohibit loaded all loaded weapons that may well cover concealed pistols as well.

Px4er · Aug 4, 2011

amlevin said:
State Preemption doesn't preempt State. As it is, we can't carry loaded rifles in vehicles because of WDFW regulations, not Firearm regulations under RCW 9.41

If they prohibit loaded all loaded weapons that may well cover concealed pistols as well.

:cuss:

amlevin · Aug 4, 2011

amlevin said:
State Preemption doesn't preempt State. As it is, we can't carry loaded rifles in vehicles because of WDFW regulations, not Firearm regulations under RCW 9.41

If they prohibit loaded all loaded weapons that may well cover concealed pistols as well.

As I read this, it doesn't appear to be restricted to strictly non-highway vehicles. They are merely mentioned at the end of the section.

As I see it, this proposed change will bring about a conflict in RCW's. RCW 9.41.050 essentially says you CAN carry a loaded Pistol if you have a CPL.

This could get interesting.

deanf · Aug 4, 2011

I bet they are just adding "nonhighway motor vehicle" language. It's not in the current RCW. Also in the current RCW, firearm is defined as shotgun or rifle. Handguns are exempt.

I would like see the proposed language. A simple phone call to WDFW would probably clear up any concerns. I don't have time right now or I would.

Separately, I have a problem with state enforcement agencies seeking/lobbying for more laws to enforce. Requests for new laws should come from the people, not from the state.

Sparky508 · Aug 4, 2011

amlevin said:
As I read this, it doesn't appear to be restricted to strictly non-highway vehicles. They are merely mentioned at the end of the section.

As I see it, this proposed change will bring about a conflict in RCW's. RCW 9.41.050 essentially says you CAN carry a loaded Pistol if you have a CPL.

This could get interesting.

Yes, but for years they had conflicts when they said you could not be in possecion of a loaded firearm while archery hunting. (Also Muzzleloader.)

This has been changed and not without alot of infighting either.

MAC702 · Aug 4, 2011

amlevin said:
State Preemption doesn't preempt State. ...

How is your preemption law worded?

In NV, it says to the effect that the Legislature reserves to itself the ability to make firearms laws. So even a state agency can't make laws unless they get the Legislature to vote it in.

slapmonkay · Aug 4, 2011

MAC702 said:
How is your preemption law worded?

In NV, it says to the effect that the Legislature reserves to itself the ability to make firearms laws. So even a state agency can't make laws unless they get the Legislature to vote it in.

Ours only specifies state, not legislature.

RCW 9.41.290 said:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state... ...

jt59 · Aug 4, 2011

bikemutt said:
Not sure if anyone has seen this and may know more about it.

"14. Amends RCW 77.15.460 to make it a crime to possess a loaded firearm in or on a motor vehicle or to unlawfully use a loaded firearm from within a motor vehicle or from or on a nonhighway vehicle as defined in
RCW 46.09.310".

http://wdfw.wa.gov/commission/meetings/2011/08/aug0611_2012_%20request_leg_prop.pdf

On the surface this would appear to outlaw any loaded carry in vehicles, ATV etc.

There is a public meeting scheduled at 08:30
FISH AND WILDLIFE COMMISSION MEETING
August 5-6, 2011
Natural Resources Building
First Floor, Room 172
1111 Washington St SE
Olympia, Washington 98501

I'd go down there but I'm heading east for the weekend.

http://wdfw.wa.gov/commission/meetings/2011/08/agenda_aug0611.html

The above link is the agenda of the meeting over Friday and Saturday. There are a number of moments for "public" input but with the exception of the 8:30AM opening of the agenda on both Friday and Saturday, the rest are closed except to the topic under discussion at that point in the meeting.

I agree with the potential conflict with 9.41 and it should be brought to their attention. I will plan on attending either tomorrow AM or Saturday. Tomorrow I will call the AG office and request some guidance from an assistant AG who has helped me in the past. I hope to get some type of correspondence in time to give weight to any public input I will give. Anyone that is interested or available to go please pm me.

jt59 · Aug 4, 2011

bikemutt said:
Not sure if anyone has seen this and may know more about it.

"14. Amends RCW 77.15.460 to make it a crime to possess a loaded firearm in or on a motor vehicle or to unlawfully use a loaded firearm from within a motor vehicle or from or on a nonhighway vehicle as defined in
RCW 46.09.310".

http://wdfw.wa.gov/commission/meetings/2011/08/aug0611_2012_%20request_leg_prop.pdf

On the surface this would appear to outlaw any loaded carry in vehicles, ATV etc.

QUOTE]

Please correct me if I am wrong, but it seems that this issue can be clarified or fixed by adding a reference to 9.41.050 to the "exceptions" listed in the revisions by fish and feathers. I would also note that this is proposed 2012 Agency legislation under the "Enforcement Omnibus" requested to the Gov's office.....so, even if it does not get addressed, we would have another kick or two at it in the legislative session.

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

deanf · Aug 4, 2011

Tomorrow I will call the AG office and request some guidance from an assistant AG who has helped me in the past. I hope to get some type of correspondence in time to give weight to any public input I will give. Anyone that is interested or available to go please pm me.

I think the first call should be to WDFW to find out their intent. That .pdf document does a poor job of explaining the issue. I will call tomorrow.

I bet we will find out it's nothing more than a housekeeping correction of the RCW language, to ensure that a fish cop can write someone for a loaded rifle or shotgun on an ATV as well as a highway legal vehicle.

If we were to ask WDFW staff about the issue and find out the facts, we wouldn't go off half-cocked at the WDFW Commission meeting. Probably wouldn't even need to attend.

I will call and ask them what the exact proposed new language is, and what their intent is.

jt59 · Aug 4, 2011

deanf said:
I think the first call should be to WDFW to find out their intent. That .pdf document does a poor job of explaining the issue. I will call tomorrow.

I bet we will find out it's nothing more than a housekeeping correction of the RCW language, to ensure that a fish cop can write someone for a loaded rifle or shotgun on an ATV as well as a highway legal vehicle.

If we were to ask WDFW staff about the issue and find out the facts, we wouldn't go off half-cocked at the WDFW Commission meeting. Probably wouldn't even need to attend.

I will call and ask them what the exact proposed new language is, and what their intent is.

I had the same idea after reading through a bit more and, after navigating through a very tedious phone tree, was able to speak with Mike Censi the Deputy Chief for Fish and Game who worked on some of this language. He indicated that the intent of the language change was to pick up ATV's. He indicated that his officers are instructed and know that both open carry and concealed carry in a vehicle with CPL are legal and they do not try to make it an enforcement issue in the field. We had a good chat for about 45 minutes, he appears to be an advocate. He said he would bring the consideration of 9.41.050 as one of the exceptions to the rule to the discussion, but didn't really see it as an issue to the intent. In context, the language is talking about long guns, and he affirmed that.

My gun does not have a half cock position, it is too unreliable.

This appears to be a non-issue for us....

deanf · Aug 4, 2011

Thanks for calling I will stand down.

bikemutt · Aug 4, 2011

I don't see this a non-issue if they are trying to do for lawful ATV carry what they did for snowmobile carry, which is no-carry.

There needs to be some clear distinction between hunting and just driving down the highway, what on earth F&W has to do with the latter escapes me.

Back to hunting, when I'm hunting for grouse I don't ride around with a loaded shotgun on my 4wheeler, I do like to keep a loaded pistol next to my carry permit, just in case, and that's not for hunting.

I think this is a very serious issue, F&W needs to get shut down on this one.

deanf · Aug 4, 2011

Back to hunting, when I'm hunting for grouse I don't ride around with a loaded shotgun on my 4wheeler, I do like to keep a loaded pistol next to my carry permit, just in case, and that's not for hunting.

And under the current language, and the proposed change, that would be legal. It only applies to long guns. Just as now, only adding ATVs. Have you read the RCW?

So you want to be able to carry a loaded long gun on your ATV? That's fine with me, I just want to be sure I understand your position.

bikemutt · Aug 4, 2011

deanf said:
And under the current language, and the proposed change, that would be legal. It only applies to long guns. Just as now, only adding ATVs. Have you read the RCW?

So you want to be able to carry a loaded long gun on your ATV? That's fine with me, I just want to be sure I understand your position.

Have you read the proposal? It says firearms, not long guns.

And no, I do not wish to 4wheel with a loaded long gun: with respect hunting I believe that's not ethical or necessary, concerning safety, it's not.

deanf · Aug 4, 2011

Have you read the proposal? It says firearms, not long guns.

You do know that someone called to clarify, right? Or are you calling Mr. Censi a liar?

Mistrust of government and all - yeah I'm on board, but seriously?

ak56 · Aug 4, 2011

bikemutt said:
Have you read the proposal? It says firearms, not long guns.

And no, I do not wish to 4wheel with a loaded long gun: with respect hunting I believe that's not ethical or necessary, concerning safety, it's not.

It proposes to amend RCW 77.15.460 to:

make it a crime to possess a loaded firearm in or on a motor vehicle or to unlawfully use a loaded firearm from within a motor vehicle or from or on a nonhighway vehicle as defined in RCW 46.09.310

If they only make that amendment, we're good, because 77.15.460 currently defines firearm as

a rifle or shotgun

bikemutt · Aug 5, 2011

ak56 said:
It proposes to amend RCW 77.15.460 to:

If they only make that amendment, we're good, because 77.55.460 currently defines firearm as

That all sounds reasonable, thanks for the clarification.

WA Fish and Wildlife proposal - ban all loaded vehicle carry

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