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AGO Definition on RCW 9.41.060

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
Download the PDF file here:http://forum.nwcdl.org/index.php?action=downloads;sa=downfile&id=80

August 17, 2011

Bill Starks
M1gunr@gmail.com
RE: concealed / open carry RCW 9.41.060(8)

Dear Mr. Starks:
On behalf of the Department of Licensing, thank you for your email received August 6, 2011. I am responsible for firearm issues so your email was forwarded to me for response. In your request you asked for clarification regarding the definition of RCW 9.41.060(8) which is popularly known as the “hunting and fishing” exception to concealed carry requirements in Washington State. In your letter you ask if the exception in subsection 8 would apply if someone were to leave town to go hiking without a carry permit and carried concealed or had a loaded pistol in his or her vehicle.
The statute allows law enforcement latitude to evaluate each situation on a case by case basis. The scenario you portray could very well result in a finding of violation of the law. The case would turn on the credibility of the individual claiming the exception. The individual’s case would of course be stronger if he or she wore hiking gear and had hiking supplies, etc. The purpose of the law is to make personal protection available to outdoor enthusiasts, and not serve as an end run around the state’s regulation of firearms.
The Attorney General’s Office serves as a legal counsel to state agencies and certain elected officials and cannot, by law, provide legal advice to private citizens. It is, however, our policy to provide members of the public with information of a general nature whenever possible.

Sincerely,
SUSAN L. PIERINI
Assistant Attorney General
 
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Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
FYI - it looks like I have a "IN" to the AG's office for questions HOWEVER it's not something I can afford to abuse......
 
Last edited:

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Since this is a "hunting and fishing" exemption, then someone who is wearing tank top, shorts, and flip flops, as well as a concealed firearm, could just say they're going clam digging or fishing. Right? Is there any designated "uniform" for these activities?
 

onlurker

Regular Member
Joined
Dec 15, 2009
Messages
251
Location
Everett, Washington, USA
Since this is a "hunting and fishing" exemption, then someone who is wearing tank top, shorts, and flip flops, as well as a concealed firearm, could just say they're going clam digging or fishing. Right? Is there any designated "uniform" for these activities?

If one were to be pulled over and a concealed weapon without a permit was known, wouldn't that be RAS to have the driver pop the trunk? While the attire may not say "fishing," presumably their gear and required license would. I think that's what the email is intending on saying; even though you may or may not be dressed appropriately, as long as it is reasonably concluded that you're participating in said activities because you possess items that corroborates your story, you're therefore in compliance with state law.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
If one were to be pulled over and a concealed weapon without a permit was known, wouldn't that be RAS to have the driver pop the trunk? While the attire may not say "fishing," presumably their gear and required license would. I think that's what the email is intending on saying; even though you may or may not be dressed appropriately, as long as it is reasonably concluded that you're participating in said activities because you possess items that corroborates your story, you're therefore in compliance with state law.

No, there is no RAS to pop the trunk. The LEO is not going to look for exculpatory evidence on evidence to convict. The driver may want to have the LEO open the trunk if it can confirm the outdoor activity.

I suggest you carry hiking gear in your trunk at all times, boots, maps, water bottle, etc....
 

Px4er

Regular Member
Joined
Jun 27, 2011
Messages
82
Location
Federal Way, WA
Last time I went hiking, it was with a pair of running shoes, shorts, and a t-shirt. I don't really do the boot, khakis, backpack, thing.
 
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