Obi Wan
Regular Member
This site has been a big help to me as I figure out how to handle open carry situations.
Another question popped up while going hiking in a nearby National Forest.
My wife and I were both OC'ing while traveling.
Both firearms were loaded.
But RCW 9.41.050 says this is not legal.
Quoted in relevant part:
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:
However, we are also aware of RCW 9.41.060, which states in pertinent part:
RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to:
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
Considering the fact that we were on our way to go hiking,
RCW 9.41.060 (8) provides an exception to RCW 9.41.050,
so open carrying our loaded weapons in a vehicle while traveling to the hiking area is legal.
Right?
On the way, we stopped by the ranger station to pick up a map or two.
A ranger station is a Federal Facility, so possession is banned by 18 USC 930,
which states in relevant part:
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 930. Possession of firearms and dangerous weapons in Federal facilities
(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
But there appears to be an exception to this rule, which is codified in subsection d:
(d) Subsection (a) shall not apply to—
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
Hiking in the national forest is certainly within the domain of a 'lawful purpose'.
But there was a 'No weapons' sign on the door.
Ok, moment of indecision.
Am I legal to go on in? (option 1)
Or do I leave the loaded gun in the car in the manner described in RCW 9.41.050 (2)(iii)?
(locked vehicle and out of sight)
(option 2)
I chose option 2, because I was not sure of my self...
What is the wisdom of the forum...
should I have been ok to carry inside the ranger station, past the gun buster sign?
Obi Wan
Another question popped up while going hiking in a nearby National Forest.
My wife and I were both OC'ing while traveling.
Both firearms were loaded.
But RCW 9.41.050 says this is not legal.
Quoted in relevant part:
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:
However, we are also aware of RCW 9.41.060, which states in pertinent part:
RCW 9.41.060
Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to:
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
Considering the fact that we were on our way to go hiking,
RCW 9.41.060 (8) provides an exception to RCW 9.41.050,
so open carrying our loaded weapons in a vehicle while traveling to the hiking area is legal.
Right?
On the way, we stopped by the ranger station to pick up a map or two.
A ranger station is a Federal Facility, so possession is banned by 18 USC 930,
which states in relevant part:
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 930. Possession of firearms and dangerous weapons in Federal facilities
(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
But there appears to be an exception to this rule, which is codified in subsection d:
(d) Subsection (a) shall not apply to—
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
Hiking in the national forest is certainly within the domain of a 'lawful purpose'.
But there was a 'No weapons' sign on the door.
Ok, moment of indecision.
Am I legal to go on in? (option 1)
Or do I leave the loaded gun in the car in the manner described in RCW 9.41.050 (2)(iii)?
(locked vehicle and out of sight)
(option 2)
I chose option 2, because I was not sure of my self...
What is the wisdom of the forum...
should I have been ok to carry inside the ranger station, past the gun buster sign?
Obi Wan