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Open Carry of a firearm in washington state is 100%

Schantz

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Chehalis, Washington, USA
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I do know a few good ones but even they will not jeopardize their jobs if pushed too hard. That good paycheck, hefty benefits and pensions always wins in the end.
 

joeroket

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Schantz wrote:

I do know a few good ones but even they will not jeopardize their jobs if pushed too hard. That good paycheck, hefty benefits and pensions always wins in the end.
I actually know only 2 out of over a hundred that would not jeapordize thier job if pushed too hard. They actually believe that they are there to server, protect, and assist the citizens. They also do one hell of a job at it too.

The majority of them that I know fall in line with Agent47's library incident in that they will end the battle on the street and let a judge determine your outcome.
 

SBrzInSftly

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Can you tell me in the state of Washington when a person has a loaded fire arm in their vehicle without permit to carry what is the state code for those charges? I am doing some research.
 

David.Car

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Spokane, Washington, USA

kparker

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RCW 9.41.050 (2)(a) prohibits carrying a loaded handgun in a vehicle unless the carrier has a CPL; paragraph (2)(b) specifies that it is a misdemeanor to violate this.

Carrying a loaded rifle or shotgun in a vehicle is always prohibited, CPL or no--RCW 77.15.460 (1). This, too, is a misdemeanor according to paragraph (3).
 

.45ballers

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I am curious about this comment...
He then proceeds to tell me that it is illegal in washington state to leave a firearm in a car, While it is loaded, of any kind. (bullits in mag) or in chamber. and that i could be thrown in jail for it.
Is it true? Forgive me if I am naieve about this. But then I never gave it any thought being A CCL holder.
 

joeroket

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.45ballers wrote:
I am curious about this comment...
He then proceeds to tell me that it is illegal in washington state to leave a firearm in a car, While it is loaded, of any kind. (bullits in mag) or in chamber. and that i could be thrown in jail for it.
Is it true? Forgive me if I am naieve about this. But then I never gave it any thought being A CCL holder.
It is true unless you have a CPL and it is out of sight within a locked vehicle.
 

Charles Paul Lincoln

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Seattle-ish, Washington, USA
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A CPL holder may leave a loaded handgun secured in a vehicle as long as it is out of sight. Look at the section of 9.41 on schools, and it even specifies that the loaded pistol may be secured in a vehicle.

One thing to always remember, however, is that if you leave the pistol in the vehicle and then a non-licensed person is in the vehicle, they could be considered to be in possession of the firearm if they have knowledge of its presence and access. I'm not a lawyer, but if it is secured (locked) so that they do not have access (even if they are in the vehicle with it) it would probably be a push in court.
 

Adreniline

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Monroe, Washington, USA
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Right Wing Wacko wrote:
I wonder if "Secured" could be interpreted to mean secured in my Retention Holster?
Yes, I'm wondering the same thing... what exactly does 'secured' or 'secure wrapper' mean?

In terms defined, they do not say anything about the meaning of 'secured' or 'secure wrapper'.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.010


However, the following from terms defined (number 9) does not match up with what the officer was saying about a loaded gun in a vehicle.

----- begin quote-----

(9) "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.
----end of quote----


The short version is: If there is no round in the chamber, and there are no clips with rounds in the pistol, the gun is unloaded.
 

t3rmin

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Wow. Does state law actually enshrine the misuse of "clip" for "magazine"???
 

Trigger Dr

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t3rmin wrote:
Wow. Does state law actually enshrine the misuse of "clip" for "magazine"???
Remember, the authors of these laws are usually ignorant of anything to do with firearms.
 

t3rmin

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Trigger Dr wrote:
Remember, the authors of these laws are usually ignorant of anything to do with firearms.
Of that I have never had any doubt. :D
 

sv_libertarian

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Olympia, WA, ,
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t3rmin wrote:
Wow. Does state law actually enshrine the misuse of "clip" for "magazine"???
Well in the case of an M1 Garand a "clip" locked into place is the proper useage, as well as any of the Mannlicher clip fed designs. I don't think they were thinking of a few old military rifles though when they wrote this, but it's fun to be nit picky!:p That and I've got Mannlicher clips on the brain right now...
 

t3rmin

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sv_libertarian wrote:
Well in the case of an M1 Garand a "clip" locked into place is the proper useage, as well as any of the Mannlicher clip fed designs.  I don't think they were thinking of a few old military rifles though when they wrote this, but it's fun to be nit picky!:p  That and I've got Mannlicher clips on the brain right now...

Hey, you may be on to something. Maybe they aren't restricting loaded, inserted magazines in handguns. Lawmaker firearms ignorance could be a good thing. :lol:

(sarcasm)
 

neddis

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Hermiston, Oregon, USA
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So, if you're driving in your car (no CPL) and your handgun is holstered in a hip holster, no round chambered, and mags in your pocket - it's legal? That's what I am reading in the laws that were linked. Anybody think it says anything different?
 

Adreniline

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Messages
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Monroe, Washington, USA
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By the way it's worded - yes, that should be fine.

It's how an officer would respond to something like that that we'd be concerned about...

Unfortunately, just because it's worded that way, doesn't mean the officer is going to understand it that way (even though they'd be wrong to say it's not legal).
 

Jagermann

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Jul 22, 2008
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Leavenworth, Washington, USA
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phil teters wrote:
ILLEGAL!!!!!!


I just got home from the lewis co. sheriff's office,I went in, and asked if there was somewhere i could check a firearm. the security officer told me there was not, and that i would have to go secure it elsewhere, in my vehicle. I asked him why there were not lock boxes. He said that state law doesnt require one.

I replyed with, yes it does. and that i wanted to talk to an on duty deputy ,now.

he said. go secure the pistol, and you can. I go back out side. and secure it. Walk through the detector, and my holster goes off, I still pass through.



bear in mind, im already HOT from that encounter.. Now i wait about 3 minutes for an on duty deputy, i think. to come down and tell me that OC is illegal ,because it causes alarm. Then he said he recognized me, and i agreed. and just then, someone out of uniform with a huge mustache walks up, and asks me whats going on. I explain to him that I was just inquiring about a training bulletin on this very same matter.

the deputy takes his binder and lifts up my shirt to reveal my serpa. and asks me where the firearm is.. I say, it's secured in my car ,right now.

The other guy, out of uniform ask me if it's loaded.. I say, Yes. But not chambered.

He then proceeds to tell me that it is illegal in washington state to leave a firearm in a car, While it is loaded, of any kind. (bullits in mag) or in chamber. and that i could be thrown in jail for it.

The deputy stands there, while the other guy grills me about why i even need to carry a firearm, but then he tells me to follow him back to his office, because he wants to go further into the matter. I tried to just offer him an OCDO card. and he refused. I follow him back to his office, and had a seat. He then asks me If im military, i say Yes, and offer my MIL.ID. he sais that he was 'CID' for umpteen years and that if im in the service, that im not allowed to carry, and that i could baysically be thrown in the brig. I tell him that im national guard.. and that it's a little different for me. and that even the LT has cleared it. Just to make matters better for his soldiers. as it keeps us safer when we arent on duty.

I then bring up Open carry, just to make it clear. he said that city ordinances prohibit ANYONE from openly displaying, or carrying of a firearm as it warrants alarm. I tell him that people have phobias, and that you cant go locking up clowns because tsome peopel are afraid of them. He tells me again, that it is illegal. he then asks me if I am a hunter, I say No. and he said that if it's out of city limits, it is more or less permitted. and that people display them (guns) in racks all the time. I make the point of (ISNT THAT THE SAME!!!) he says No, because they have business carrying a firearm. and in his opinion only people that consist of Law enforcemtn, or goverment are allowed to carry, or even posess a firearm, especially if it's open.



I tell him that olympia has issued a training bulliten saying that it is LEGAL to carry openly, AND Concealed, AND LOADED. he tells me that they are in the wrong. I wrapped the convorsation up. and walked out. I'm under the impression that we will encounter the department this sunday, and that it will quickly go sour.

So this is your warning.

As he clearly stated that

WASHINGTON IS NOT AN OPEN CARRY STATE

and that Concealed carry is ,as a matter of fact ILLEGAL in other states.



On my way out. the security officer that was a dick to me, said..'SEE THERES A SIGN RIGHT THERE I read it, and it says NOTHING about firearms, only sharb or threatning objects'



I would like for SV, or Lonnie Wilson to reply to this. If this becomes an issue, do either of you have a lawyer that would be willing to deal with this matter?




EDIT



I also asked .. what the gray area was for a person that was Concealing. if this person were to have an exposed holster, or barrel . would he or she be subject to warranting alarm. He said very cleary, NO. as it is still concealed.
Well the Lewis County Sheriff's department is 100% WRONG. Peaceful open carry is legal in Washington State. No city or county is allowed to pass a law stating otherwise according to state preemption law (RCW 9.41.290) and RCW 9.41.300 does require local legislative authority (this includes Lewis Co. Sheriff's office) to provide either a stationary locked box sufficient in size for pistols or to designate an official to receive weapons for safekeeping during the owners visit to restricted areas of the building.

You can also store the firearm in your car without a concealed pistol license, but the chamber it must be unloaded. You just have to clear the chamber and remove the magazine. The term "loaded" is defined in RCW 9.41.010

That sad thing is, most deputies don't understand the law that they are supposed to be enforcing and easily misinterpret RCW 9.41.270 as a ban on openly carrying firearms. Fortunately we have not had any problems with this in my area of Washington.
 

Bear 45/70

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May 22, 2007
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3,256
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Union, Washington, USA
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Jagermann wrote:
phil teters wrote:
ILLEGAL!!!!!!


I just got home from the lewis co. sheriff's office,I went in, and asked if there was somewhere i could check a firearm. the security officer told me there was not, and that i would have to go secure it elsewhere, in my vehicle. I asked him why there were not lock boxes. He said that state law doesnt require one.

I replyed with, yes it does. and that i wanted to talk to an on duty deputy ,now.

he said. go secure the pistol, and you can. I go back out side. and secure it. Walk through the detector, and my holster goes off, I still pass through.



bear in mind, im already HOT from that encounter.. Now i wait about 3 minutes for an on duty deputy, i think. to come down and tell me that OC is illegal ,because it causes alarm. Then he said he recognized me, and i agreed. and just then, someone out of uniform with a huge mustache walks up, and asks me whats going on. I explain to him that I was just inquiring about a training bulletin on this very same matter.

the deputy takes his binder and lifts up my shirt to reveal my serpa. and asks me where the firearm is.. I say, it's secured in my car ,right now.

The other guy, out of uniform ask me if it's loaded.. I say, Yes. But not chambered.

He then proceeds to tell me that it is illegal in washington state to leave a firearm in a car, While it is loaded, of any kind. (bullits in mag) or in chamber. and that i could be thrown in jail for it.

The deputy stands there, while the other guy grills me about why i even need to carry a firearm, but then he tells me to follow him back to his office, because he wants to go further into the matter. I tried to just offer him an OCDO card. and he refused. I follow him back to his office, and had a seat. He then asks me If im military, i say Yes, and offer my MIL.ID. he sais that he was 'CID' for umpteen years and that if im in the service, that im not allowed to carry, and that i could baysically be thrown in the brig. I tell him that im national guard.. and that it's a little different for me. and that even the LT has cleared it. Just to make matters better for his soldiers. as it keeps us safer when we arent on duty.

I then bring up Open carry, just to make it clear. he said that city ordinances prohibit ANYONE from openly displaying, or carrying of a firearm as it warrants alarm. I tell him that people have phobias, and that you cant go locking up clowns because tsome peopel are afraid of them. He tells me again, that it is illegal. he then asks me if I am a hunter, I say No. and he said that if it's out of city limits, it is more or less permitted. and that people display them (guns) in racks all the time. I make the point of (ISNT THAT THE SAME!!!) he says No, because they have business carrying a firearm. and in his opinion only people that consist of Law enforcemtn, or goverment are allowed to carry, or even posess a firearm, especially if it's open.



I tell him that olympia has issued a training bulliten saying that it is LEGAL to carry openly, AND Concealed, AND LOADED. he tells me that they are in the wrong. I wrapped the convorsation up. and walked out. I'm under the impression that we will encounter the department this sunday, and that it will quickly go sour.

So this is your warning.

As he clearly stated that

WASHINGTON IS NOT AN OPEN CARRY STATE

and that Concealed carry is ,as a matter of fact ILLEGAL in other states.



On my way out. the security officer that was a dick to me, said..'SEE THERES A SIGN RIGHT THERE I read it, and it says NOTHING about firearms, only sharb or threatning objects'



I would like for SV, or Lonnie Wilson to reply to this. If this becomes an issue, do either of you have a lawyer that would be willing to deal with this matter?




EDIT



I also asked .. what the gray area was for a person that was Concealing. if this person were to have an exposed holster, or barrel . would he or she be subject to warranting alarm. He said very cleary, NO. as it is still concealed.
Well the Lewis County Sheriff's department is 100% WRONG. Peaceful open carry is legal in Washington State. No city or county is allowed to pass a law stating otherwise according to state preemption law (RCW 9.41.290) and RCW 9.41.300 does require local legislative authority (this includes Lewis Co. Sheriff's office) to provide either a stationary locked box sufficient in size for pistols or to designate an official to receive weapons for safekeeping during the owners visit to restricted areas of the building.

You can also store the firearm in your car without a concealed pistol license, but the chamber it must be unloaded. You just have to clear the chamber and remove the magazine. The term "loaded" is defined in RCW 9.41.010

That sad thing is, most deputies don't understand the law that they are supposed to be enforcing and easily misinterpret RCW 9.41.270 as a ban on openly carrying firearms. Fortunately we have not had any problems with this in my area of Washington.
The moron that told Phil this was not even an officer and the problem is being handled. The Sheriff has acknowledged that the moron had no business talking to anybody about something he was totally ignorant of and wrong about.
 
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