Carrying a pistol

[sweetlou]

I'm 18 years old, and mostly hunt alone and was wondering if it is legal to "open carry" while in the woods.

[BIGINNER]

i might be wrong, (please someone correct me if i am) but i'm pretty sure you can even carry conceiled while doing an outdoor activity or going to and from hunting/fishing. 
but as for open carry.... washington is an open carry state. so you don't need any permit to open carry at any time.

[sweetlou]

So even at 18 I'm allowed to carry while hunting? I'll look into it more but I figured I'd ask on here to get a better idea.
Thank you for your noir by the way

[brokenvet]

The law says you can.  Look at # 8. 

RCW 9.41.060
Exceptions to restrictions on carrying firearms.
   

The provisions of RCW 9.41.050 shall not apply to:

     (1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;

     (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

     (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

     (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

     (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

     (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

     (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

     ( 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;

     (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

     (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

[runamuk]

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060

CW 9.41.060
Exceptions to restrictions on carrying firearms.
   

The provisions of RCW 9.41.050 shall not apply to:

     (1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;

     (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

     (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

     (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

     (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

     (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

     (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

     ( 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;

     (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

     (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

[2011 c 221 § 1; 2005 c 453 § 3; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]

Notes:
     Severability -- 2005 c 453: See note following RCW 9.41.040.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

[runamuk]

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

RCWs > Title 9 > Chapter 9.41 > Section 9.41.050

   
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9.41.047  <<  9.41.050 >>   9.41.060

RCW 9.41.050
Carrying firearms.
   

(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.

[2003 c 53 § 28; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS § 2516-5.]

Notes:
     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

     Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.042

RCWs > Title 9 > Chapter 9.41 > Section 9.41.042

   
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9.41.040  <<  9.41.042 >>   9.41.045

RCW 9.41.042
Children — permissible firearm possession.
   

RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is:

     (1) In attendance at a hunter's safety course or a firearms safety course;

     (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

     (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

     (4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

     (5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;

     (6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

     (7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

     ( At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or

     (9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.

[2003 c 53 § 27; 1999 c 143 § 2; 1994 sp.s. c 7 § 403.]

Notes:
     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

[sweetlou]

perrrfect! Thanks guys! Just another reason to buy another gun i suppose... I hate when that happens...

[DoubleJ]

You can't buy a handgun until you're 21 though

[runamuk]

You can't buy a handgun until you're 21 though

  thats the kicker....

[sirmissalot]

I couldnt read through all that but I asked a sheriff once before I was 21 and he said I could carry a pistol when I'm doing a hunting type activity, so at archery, rifle hunting etc, or trapping. He did tell me not to conceal it though, especially in a vehicle. I had two pistols handed down to me by my grandpa and would use one of them, usually a 22 for grouse.

[Machias]

He was wrong about that part.  Now being 18, I would not recommend you carry it concealed in a vehicle even though if you are going to or from an outdoor activity, you would be legal....but at 18, there's no reason to try and have to explain that, escpecially to a LEO who is unfamiliar with exemption #8.  Be extra safe while carrying one, fair or not, you'll be under more scrutiny than most of us.

[sirmissalot]

He didn't tell me i cant conceal it. Just said i shouldn't. Just passing on what I was told by a sheriff. He's a really avid hunter by the way, cool guy I see him over talking to the Sims guys often, at least i used to.

[Machias]

 

[300rum]

We need more responsible "kids" under 21 carrying while hiking and hunting.  We need to get the word out!

[sweetlou]

Any suggestions on caliber to carry?

[Machias]

Any suggestions on caliber to carry?

Whatever you can shoot comfortably and accurately.  What's your size?  How much experience do you have handling and firing a handgun?  Is your purpose for carrying strictly self protection from 2 legged and 4 legged predators, or hunting as well?  What's your budget?

[Button Nubbs]

I love my 10mm in the woods and in town for that matter. You will get 100 different answers from 100 different people on caliber though.

One thing I will tell you is know these laws WELL! I had an incident with a sheriff in september when I was carrying a gun and he really had no idea on the laws. it left a really bad taste in my mouth. I am of age and a cwp holder but the dick still had a problem with me.

[huntinguy]

You may be able to carry it if you are hunting.... If you are hunting with it. You however can not transport it. That is the catch. If it is in your vehical and there is no one 21 or older with you, you can be arrested for it. 

[CAMPMEAT]

I love it, you can be in the military and shoot and kill bad guys, but you can't carry a concealed sidearm...............bullshnot !

[runamuk]

You may be able to carry it if you are hunting.... If you are hunting with it. You however can not transport it. That is the catch. If it is in your vehical and there is no one 21 or older with you, you can be arrested for it. 

see above in exceptions for children and firearms

(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

print and carry all rcw's is one way to back yourself up because these laws are complicated and convoluted and are often misinterpreted by law enforcement.

[Bob33]

You may be able to carry it if you are hunting.... If you are hunting with it. You however can not transport it. That is the catch. If it is in your vehical and there is no one 21 or older with you, you can be arrested for it. 

I'm not sure where you got that information, but it is not entirely correct. If the person is traveling to or from an outdoor activity such as hunting, possession is legal.

"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;

[littlemac]

I'd go with the comment earlier about uninformed LEO's having the 18 year old explaining it.

My son got stopped for a fog light out and got cuffed and stuck on his trunk because he had a 9mm in its factory case unloaded on the floor of his passenger side along with his hunting pack and gear.  He looks 18 but was in his mid-twenties at the time.  He explained he had been hunting and was on his way home from eastern Washington to Covington on Hwy 18 at the time. 

An hour later they let him go on his way after locking the 9 in the trunk.
The officer called a supervisor who was the one that made the call to release him.

If you decide to carry, I'd be sure to transport in the trunk or storage area when out of the woods.

Also, I believe you can not dispatch game unless the caliber is legal for the game.  Possibly something to keep in mind when choosing a caliber to carry.

[KFhunter]

you can borrow one, and pack it from your door step to hunting area, pack it while hunting,  and back to doorstep.

I highly suggest you do not make too many incidental trips (Subway for a sammich) while engaging in an outdoor activity while under the age of 21. 

Also, do not abuse the clause.  Make sure you are indeed engaged in an outdoor activity.


under 21 dude: "but officer, I was about to go hunting"

officer: "then where is your hunting clothes?  All I see is a backpack full of school books, you weren't planning on taking that handgun to school were you?"

don't be that kid 

[Kola16]

you can borrow one, and pack it from your door step to hunting area, pack it while hunting,  and back to doorstep.

I highly suggest you do not make too many incidental trips (Subway for a sammich) while engaging in an outdoor activity while under the age of 21. 

Also, do not abuse the clause.  Make sure you are indeed engaged in an outdoor activity.


under 21 dude: "but officer, I was about to go hunting"

officer: "then where is your hunting clothes?  All I see is a backpack full of school books, you weren't planning on taking that handgun to school were you?"

don't be that kid 

Too late!!! 

[KFhunter]

I was that kid too, a long time ago 

thought nothing of having a shotgun in the truck for a little afterschool grouse sluicing


times were different, and hell I ain't that old!

[huntinguy]

You may be able to carry it if you are hunting.... If you are hunting with it. You however can not transport it. That is the catch. If it is in your vehical and there is no one 21 or older with you, you can be arrested for it. 

I'm not sure where you got that information, but it is not entirely correct. If the person is traveling to or from an outdoor activity such as hunting, possession is legal.

"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;

Information was from a GW at a hunters Ed class.

9.41.240
Possession of pistol by person from eighteen to twenty-one.
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

     (1) In the person's place of abode;

     (2) At the person's fixed place of business; or

     (3) On real property under his or her control.


Yes, a minor can posess in the field... but not take it there.


     ( 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;

It sounds like he should be able to... But, I can only go with what the GW said.

(why did hte emocon show up? that should be an 8.

[Bob33]

Quite simply that enforcement officer was wrong.

[runamuk]

Re read 9 41 40 I posted above they are exceptions for those under  18 there are several sections of exceptions to the law they hand you in hunters ed or when you recieve your concealed pistol license and this is part of the confusion about three quarters of the laws are left out...

[deleted BGS]

You can't buy a handgun until you're 21 though

wrong, actually you can from a private party just not a dealer

[runamuk]

You can't buy a handgun until you're 21 though

wrong, actually you can from a private party just not a dealer

true if both parties are willing to break the law I suppose you can ....kinda how all laws work anyone can break them if they choose to

[sweetlou]

You can't buy a handgun until you're 21 though

wrong, actually you can from a private party just not a dealer

true if both parties are willing to break the law I suppose you can ....kinda how all laws work anyone can break them if they choose to

"Under federal law, minors under 18 are prohibited from possessing guns and minor under 21 are prohibited from purchasing guns from dealers. However, unless regulated by state law, minors 18 and over are able to freely purchase weapons through private sales. Currently 21 states either prohibit or substantially regulate this secondary market for minors."

[trigger1238]

Don't conceal it!!!!!.. you have to have a CPL to carry concealed but open carry is legal.

[bobcat]

Don't conceal it!!!!!.. you have to have a CPL to carry concealed but open carry is legal.

Not true.

If you are hunting, or participating in any recreational outdoor activity, you are exempt from the law.

[CAMPMEAT]

You're an adult if you're over the age of 18, not a minor.

[ghosthunter]

 

Don't conceal it!!!!!.. you have to have a CPL to carry concealed but open carry is legal.

Not true.

If you are hunting, or participating in any recreational outdoor activity, you are exempt from the law.

 

[ghosthunter]

Quite simply that enforcement officer was wrong.

 

Remember when the Game dept had the rule you could not carry a modern handgun while muzzy or bow hunting? That got changed because they where not in compliance with the RCW.
The game dept. cannot set their own rule regarding firearm carried for self defense.
This is a pre-empted state. Only the legislature can write new gun laws regarding carry.
Game agents and many LEO are simply not that we'll informed.

[Arnbo]

Get a 22 so you can shoot grouse as well.