Question presented to WDFW on loaded firearms

[Elk4me]

The following is an exchange I have had with the WDFW Enforcement Division. It is very informative and you may want to print it and keep it for future use if the need arises.

My e-mail sent to them 10/29/08:

5. Loaded firearms in a vehicle
It is illegal to carry, convey, transport,
possess, or control a loaded shotgun or rifle
in or on any motor vehicle. A rifle or shotgun
containing shells or cartridges in either the
chamber or magazine, or a muzzleloading
firearm that is loaded and capped or primed
is considered loaded.

The above is from the 2008 Hunting Regulations. I highlighted the area of great discussion in our hunting camp this year. One person said that in SW Washington last year that citations were handed out if a person had a detachable clip with cartridges in the clip but not in the firearm while in the vehicle. Is this an infraction? The rifle does not contain cartridges if the clip is not in the firearm, correct? I have been stopped and checked by numerous enforcement officers over the years and have never been asked to present my clip for inspection. They check for an empty chamber and that’s it. I thought I would take the question directly to the authority on the subject and present the answer to all concerned when I get your response. Thank you for your help in clearing this up.

The response I recieved 10/31/08:

Scott,
My name is Ted Holden. I am the Fish & Wildlife Sergeant in Lewis and Cowlitz Counties. I can not imagine anyone receiving a citation for having a clip loaded but not attached to or inserted into a firearm. The law is very clear as you quoted.."...in either the chamber or magazine..."  There has been some confusion regarding Browning Semi-Auto rifles where the clip (magazine) stays attached to the floor plate when the floor plate of the magazine well is opened. In my mind this scenario, with the magazine (with shells inserted) is still attached to the gun may be interpreted as the firearm being loaded.

Sometimes these stories grow legs and can get along way from the truth.

So, in short, any magazine (clip) can be loaded as long as it is not inserted into or attached to the firearm.

I hope this settles any dispute around camp and I hope someone, hopefully you, won something on this bet !!

Let me know if I can help any further,

Sergeant Holden


BTW, this was CC'd by Officer Holden to about 25 WDFW Officers and WDFW employees.

[Curly]

Good response by Mr. Holden..........that's how I've always understood the law anyway.

[WildlifeAssassin]

nice thanks for the confirmation, my clip is always loaded and it is good to know it is legal.

[demontang]

You can have a loaded detached magazine. A clip is some thing totally different then a mag, a clip is used to load a magazine like an SKS, grand, and etc. Its actually in the RCW's some where that you can have a loaded mag as long as its not in the gun. I looked this up when a game officer tried to give me a ticket for having a loaded AR mag in my bronco when I was going between stands.

[billythekidrock]

You can have a loaded detached magazine.

detached is the key.

[Bofire]

 :)Nice of teh guy to answer!!
thanks Mr. Holden

[high country]

i have delt with ted holden when he was in PO county. he is one of the good ones.

[PA BEN]

5. Loaded firearms in a vehicle
It is illegal to carry, convey, transport,
possess, or control a loaded shotgun or rifle
in or on any motor vehicle. A rifle or shotgun
containing shells or cartridges in either the
chamber or magazine, or a muzzleloading
firearm that is loaded and capped or primed
is considered loaded.
One more point that most people don't realise is, when you get back to your vehicle and you lay your loaded gun on the hood or tail gate or lean it on the tire, you're braking the law.

[Elk4me]

5. Loaded firearms in a vehicle
It is illegal to carry, convey, transport,
possess, or control a loaded shotgun or rifle
in or on any motor vehicle. A rifle or shotgun
containing shells or cartridges in either the
chamber or magazine, or a muzzleloading
firearm that is loaded and capped or primed
is considered loaded.
One more point that most people don't realise is, when you get back to your vehicle and you lay your loaded gun on the hood or tail gate or lean it on the tire, you're braking the law.

Good point. I have seen too many people do that and it could get expensive.

[SCRUBS]

5. Loaded firearms in a vehicle
It is illegal to carry, convey, transport,
possess, or control a loaded shotgun or rifle
in or on any motor vehicle. A rifle or shotgun
containing shells or cartridges in either the
chamber or magazine, or a muzzleloading
firearm that is loaded and capped or primed
is considered loaded.
One more point that most people don't realise is, when you get back to your vehicle and you lay your loaded gun on the hood or tail gate or lean it on the tire, you're braking the law.

Very good point.
I learned that lesson when i was a young hunter, one of our hunting partners leaned his gun between the cab and the bed of his truck, while we were eating lunch, a gamey showed up and gave him a ticket for it.

[12Gauge]

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One more point that most people don't realise is, when you get back to your vehicle and you lay your loaded gun on the hood or tail gate or lean it on the tire, you're braking the law.
A budy of mine did that (tail gate thing) 6 years ago and another friend picked up the rifle and it went off.  Shot a hole through the cab, through the passenger seat, door panel and out the door, luckily the person who was the passenger not seated in his seat at the time.  These days I no longer hunt with that guy.

[bankwalker]

my uncle actually got a ticket or a stern talking (i cant remember) to about that very thing with his browning BAR. he always kept his mag attached to his gun when driving along.

[PWN Kurt]

Leaning loaded guns against a vehicle is a bad idea.  Folks are always moving the truck by getting in and out...shutting doors or tailgates...the gun could fall over. 

Plus, I'd hate to see someone forget and drive off without their gun.  It's best to get it in the case, unloaded.

[deaddog]

A buddie of mine found, ya thats right found an AR in a soft case with 5 30 round mags, loaded and a lupey scope laying in the middle of the road one night in Finley. he later saw in add in the local paper for a missing gun, he called the guy and had him descibe the gun, he returned the gun to the guy. turn out he is a local cop who left it on the top of his car when he drove off. He never even thanked my buddie for retuning the gun. probley to embarrassed to stay around that long.

[Skyvalhunter]

Yea but even if you are embarassed you can still say thanks!!