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OC in vehicle

Wolfgang999

New member
Joined
Feb 16, 2015
Messages
2
Location
Vancouver
I have carry permit. In my car does the pistol still have to be concealed or is loaded open carry then legal in the Car?


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golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
Does not need to be concealed, but you need to have your CPL to have it loaded in the car/bus/motorcycle. Also if you should happen to get pulled over you are NOT required to announce you have a gun. If they ask if you have one, then tell the truth.
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
Welcome to OCDO and the board.

You have a "carry permit". Here, in Washington, they are referred to as "CPLs"(concealed pistol license). A CPL is not required to openly carry in Wa. OC is the default method of carry, no permit required. Now we go to where you can and cannot go with a loaded pistol.
Being in or on(motorcycle) a vehicle means you are concealed. Does not matter if it is in a holster, on your hip, taped to your forehead,you are concealed. You can forgo the CPL and just unload before entering the vehicle and reloading when getting out. But you have a CPL, so just holster it and go on with life.

On interaction with LEOs. If you are stopped in a vehicle, they already know you have a CPL. When they ran your plate, it was there with all your other info. Hands on the wheel, be safe, and remember.....You are NOT breaking the law, that is why they call us Legally Armed Citizens.
Hope you stay a while.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Acceptable ways to carry in a vehicle.
a) You may open carry the firearm, unloaded without a permit as long as its openly visible or duck taped to your forehead.
b) You may open carry the firearm, loaded WITH a permit.
c) You may conceal carry the firearm, unloaded WITH a permit.
d) You may conceal carry the firearm, loaded WITH a permit.

Loaded is defined as:
RCW 9.41.010 said:
(14) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
 
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Dain Bramage

Regular Member
Joined
Oct 1, 2010
Messages
83
Location
Arlington, WA
Acceptable ways to carry in a vehicle.
a) You may open carry the firearm, unloaded without a permit as long as its openly visible or duck taped to your forehead.
b) You may open carry the firearm, loaded WITH a permit.
c) You may conceal carry the firearm, unloaded WITH a permit.
d) You may conceal carry the firearm, loaded WITH a permit.

I know we generally don't cover long arm carry, but since slapmonkay used "firearm" instead of "pistol" in his examples, it should be noted that loaded long arms are not allowed in vehicles.
 

slapmonkay

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Joined
May 6, 2011
Messages
1,308
Location
Montana
I know we generally don't cover long arm carry, but since slapmonkay used "firearm" instead of "pistol" in his examples, it should be noted that loaded long arms are not allowed in vehicles.

Good catch, I should have used pistol.

For those that may not know, the rifle/shotgun restriction is coming out of FWP Hunting RCW 77.15.460.
 
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Dain Bramage

Regular Member
Joined
Oct 1, 2010
Messages
83
Location
Arlington, WA
Good catch, I should have used pistol.

For those that may not know, the rifle/shotgun restriction is coming out of FWP Hunting RCW 77.15.460.

sm, you're a mensch. I only mentioned it because we seemed to be covering ground zero on vehicle carry.

And yes, game wardens will knick you for leaning a loaded rifle on a tailgate, but the law is applicable to everyone.
 

Wolfgang999

New member
Joined
Feb 16, 2015
Messages
2
Location
Vancouver
I want help re I have carry permit but if I am driving or as a passenger does my weapon in the car on my person still have to be concealed from other motorists?


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Vitaeus

Regular Member
Joined
May 30, 2010
Messages
596
Location
Bremerton, Washington
I want help re I have carry permit but if I am driving or as a passenger does my weapon in the car on my person still have to be concealed from other motorists?


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No need to complicate this, see the post above

Quote Originally Posted by slapmonkay View Post
Acceptable ways to carry in a vehicle.
a) You may open carry the firearm, unloaded without a permit as long as its openly visible or duck taped to your forehead.
b) You may open carry the firearm, loaded WITH a permit.
c) You may conceal carry the firearm, unloaded WITH a permit.
d) You may conceal carry the firearm, loaded WITH a permit.

that is it, this state does not have printing/whatever strange and complicated rule applies elsewhere
 

arentol

New member
Joined
Apr 10, 2009
Messages
383
Location
Kent, Washington, USA
To further clarify. Regardless of anything else, you still can't carry the firearm in violation of RCW 9.41.270, even if you are in your car. I am on my phone so I can't easily quote it, but you can Google it. It is the one that says you can't display a firearm to intimidate someone, or in a way that warrants alarm by another.

So can you tape the gun to your forhead? Probably, since that would be hard to use and thus not warrant alarm. But you probably can't mount it in a swivel mount on the dashboard pointing out at other drivers.
 
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Bill45

Regular Member
Joined
Oct 1, 2007
Messages
164
Location
Tacoma, Washington, USA
Correct me if I am wrong, but, I recall reading that if you have a carry permit and are in a car the gun has to be carried on your person. Not sitting on the seat next to you or placed under your leg.

Actually taping it to your forhead would be more legal than the gun sitting on the seat next to you.

If you have no permit then the handgun has to be unloaded and out of sight.
 

ak56

Campaign Veteran
Joined
Aug 10, 2009
Messages
746
Location
Carnation, Washington, USA
Correct me if I am wrong, but, I recall reading that if you have a carry permit and are in a car the gun has to be carried on your person. Not sitting on the seat next to you or placed under your leg.

Actually taping it to your forhead would be more legal than the gun sitting on the seat next to you.

If you have no permit then the handgun has to be unloaded and out of sight.

OK, Lets's go to the source:

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.

Having a pistol on the seat next to you would satisfy condition (ii) above, so is perfectly legal as long as you have a permit and are in the vehicle. Note the 'or' between (ii) and (iii). That means that as long as you meet the requirements of one of the three, you are good.
 

decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
Please cite. I can't seem to find that requirement. (How does a non permit holder get a new gun home if this is the law?)

He's saying to conceal you must have a permit even if it's unloaded.
The scenario you gave doesn't fit that.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Please cite. I can't seem to find that requirement. (How does a non permit holder get a new gun home if this is the law?)

RCW 9.41.050, you may never conceal a pistol while carrying without a CPL, loaded or unloaded (exemptions applicable). If you just bought a new pistol, I assume that your carrying it in a case or other, unloaded. If thats the case, then your not concealing it on your person. There is a specific exemption to RCW 9.41.050 in RCW 9.41.060 which allows for a closed opaque case or wrapper while unloaded.

If you want to carry the new pistol home without a CPL, in your car, you would have to adhere to the first bullet point I had mentioned.
a) You may open carry the firearm, unloaded without a permit as long as its openly visible or duck taped to your forehead.


RCW 9.41.050 said:
(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.
(b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.
(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.
(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

RCW 9.41.060(9) said:
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper;
 
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arentol

New member
Joined
Apr 10, 2009
Messages
383
Location
Kent, Washington, USA
One other point, thanks to I-594, you may not be able to have your gun, loaded or unloaded, in the back of a hatchback with a passenger in the back seat.... Constructive possession would create an illegal transfer???
 

arentol

New member
Joined
Apr 10, 2009
Messages
383
Location
Kent, Washington, USA
Not until they picked up the gun and left the vehicle with it.
If I had heroin in the back of my hatchback a passenger in the back seat would be prosecuted for possession of heroin if the police felt like arresting them. How is this different?

I am not talking about how this law should properly be interpreted, I am talking about how it could be abused to make anyone the legal establishment likes into criminals....

We have allowed the "war on drugs" to twist the definition of "possession" and "intent" beyond all recognition. So now when other laws refer to "possession" and "intent" directly or indirectly, they too can be enforced with the same twisted definition.

If a cop doesn't like my attitude (and I admit to being the owner of the gun) then:
I "intended" to leave the gun in the back of the car and I allowed someone to sit closer to it than I was. Being closest to something gives someone constructive possession.... So I "intended" delivery to the person in the back seat, and that person gained "possession" and so an illegal transfer took place.

If you doubt the passenger could be ruled to have possession.... What if the car was parked, the passenger knew the gun was there, and I got into a fight with him and we both went for the gun at the same time. Who would get it?... Yup, he would, so clearly he had more possession of it than I. A cop can use that kind of reasoning, and won't believe for a second that the passenger didn't know about the gun if it serves his purpose.

I am sure multiple felons have been nailed in similar circumstances. I will see if I can find a case like this when I get home tonight.
 
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