Loaded Guns in Vehicle while Hunting WA?

[cabochris]

Not to ruffle any feathers... I think with a concealed weapons permit, one could road hunt in Washington State with a loaded pistol in ones vehicle?  Not that I would do that, but if so could keep my loaded single shot scoped 243 Win handgun with 14 inch barrel loaded in my rig?  Would this mean concealed in the rig or concealed on my person?

So if correct why can this be done, when rifles/shotguns can't be loaded?  If this is a safety concern, then how is having a loaded pistol in a vehicle any safer than any other gun?  If it is a fair chase concern, then why is having a loaded handgun fair?

Lastly, can one shoot across and from a dirt road?  I think not across a maintained highway?  Then I read State RCWs indicating one could shoot from a vehicle, so long as it's not moving?

I've often wondered about this and would like to know the rules starting for answers here.  Thanks.

[bobcat]

Yes, you can have a loaded handgun in your vehicle. There's no law against that. The law only applies to rifles and shotguns. You can also have a handgun concealed on your person, either in the vehicle, or not, if you are engaged in an outdoor recreational activity, or driving to or from said activity. Shooting from a road, regardless of surface, is illegal if done in a "negligent" manner. If not negligent, then technically it's legal. This is regarding public roads. If private, then state laws don't apply.

[JimmyHoffa]

The loaded guns in vehicles wasn't really to target hunters.  The lawmakers were after gangbangers doing drive-bys with AKs and shotguns, but didn't want to restrict the self defense people that have handguns (like against car jackers and road ragers).  At least that is how it was explained to me.

[Special T]

I have it on good authority that it is illegal to have a loaded rifle or shotgun in a vehicle even if on private proptery.

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[JimmyHoffa]

A pistol of any kind NOT concealed while in a vehicle does not fall under your concealed carry permit and therefore cannot be loaded in the car.

It's covered.  And if in outdoor activity, don't even need the permit.

[bobcat]

I have it on good authority that it is illegal to have a loaded rifle or shotgun in a vehicle even if on private proptery.

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Yes it is. I was only referring to the law against negligently shooting from a road. It doesn't apply to private roads.

[Special T]

Wasn't correcting just providing clarifying information...

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[Rob]

Illegal to shoot from any publicly maintained road, or publically maintained portion of the road (regardless of surface type).  So this not only includes the road bed, but any drainage ditches or shoulders.

[Rob]

From page 82 in the big game regs:
Loaded Firearms in a Vehicle
It is illegal to carry, convey, transport, possess,
or control a loaded shotgun or rifle in any
motor vehicle (except for disabled hunters
in compliance with WAC 220-413-130(7).
Hunters with disabilities please reference page
89). 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. It is
illegal to use an off-road vehicle to pursue,
harass, concentrate, or kill wildlife.

[Alchase]

With a concealed carry permit, yes you can carry a loaded hand gun in your car.
Why would you not do that?
An unloaded pistol is no better then throwing a rock.

If your "single shot scoped 243 Win handgun with 14 inch barrel" is classified as a handgun, yes you could carry it loaded. If not, you would be breaking the law for carrying a loaded rifle in your vehicle.

If you do not have a concealed weapons permit, you can not carry any weapon loaded.
With these exceptions
http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060

The purpose of the permit is to allow you to carry you pistol for personal defense in a loaded configuration, and or concealed, any time.

Using a motor vehicle (WAC 220-413-070):
It is unlawful to hunt wildlife from a
motor vehicle, exceptions:
see Persons with Disabilities on page 89 WA Hunting Regulations


Shooting from a vehicle,
Negligently discharging a firearm
(RCW 77.15.460):
from, across, or along the maintained
portion of any public highway, regardless
of surface, or from within a moving
vehicle or moving off-road vehicle is
prohibited.
Hunters with disabilities
with a vehicle identification placard,
in compliance with WAC 220-413-140, may
discharge a firearm or other legal hunting
device from a non-moving motor vehicle
that has the engine turned off.

All your hunting regulation questions can be found here, I would suggest you read them, you are misinformed and that would be costly if not dangerous.

http://wdfw.wa.gov/hunting/regulations/

[Rob]

And from page 85:

7.   Negligently discharging a firearm
(RCW 77.15.460):
from, across, or along the maintained
portion of any public highway, regardless
of surface, or from within a moving
vehicle or moving off-road vehicle is
prohibited. Hunters with disabilities
with a vehicle identification placard, in
compliance with WAC 220-413-140, may
discharge a firearm or other legal hunting
device from a non-moving motor vehicle
that has the engine turned off.

[mkcj]

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.

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

[JimmyHoffa]

and the exceptions
http://app.leg.wa.gov/rcw/default.aspx?cite=9.41.060


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.

[bobcat]

Someone mentioned that the original poster is misinformed. How so? Nothing in his post was incorrect.

[JimmyHoffa]

Someone mentioned that the original poster is misinformed. How so? Nothing in his post was incorrect.

yeah, I didn't see anything wrong from the OP.  Know quite a few people that keep a loaded handgun ready while driving around--easier to jump out and shoot grouse/rabbits.

[Alchase]

I said that based on this statement:

"Lastly, can one shoot across and from a dirt road?  I think not across a maintained highway?  Then I read State RCWs indicating one could shoot from a vehicle, so long as it's not moving?"

That by it self can get you an expensive ticket, if the quantifying statements in the regs are not applied.

[JimmyHoffa]

That part depends on if he's disabled.

[Alchase]

That part depends on if he's disabled.

Correct

[timberghost72]

That part depends on if he's disabled.

Correct

To clarify or add to...
Even if disabled you still cannot shoot across a road. You must pull over as far as possible onto the side of the road, turn off vehicle and remove keys (I believe) before you can shoot.

[Biggerhammer]

If a rifle rested on the side mirror of a truck stopped in the middle of a County road smokes a coyote on the run,  does the impact of the bullet make a sound if there is no one else there to witness it? Just a thought, carry on.

[bigtex]

Also need to remember it's illegal to shoot from, across, or over a USFS road. This is a federal reg, not a state one.

[Special T]

If a rifle rested on the side mirror of a truck stopped in the middle of a County road smokes a coyote on the run,  does the impact of the bullet make a sound if there is no one else there to witness it? Just a thought, carry on.

Lol

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[hunter399]

That part depends on if he's disabled.

Correct

To clarify or add to...
Even if disabled you still cannot shoot across a road. You must pull over as far as possible onto the side of the road, turn off vehicle and remove keys (I believe) before you can shoot.

Just the engine can not be running,nothing about the keys or pulling to the side of the road..

Hunters with disabilities
with a vehicle identification placard,
in compliance with WAC 220-413-140, may
discharge a firearm or other legal hunting
device from a non-moving motor vehicle
that has the engine turned off

[Bob33]

That part depends on if he's disabled.

Correct

To clarify or add to...
Even if disabled you still cannot shoot across a road. You must pull over as far as possible onto the side of the road, turn off vehicle and remove keys (I believe) before you can shoot.

You can, if it is not done negligently. That would be tough to do in most circumstances. Whether or not the vehicle is running is not relevant; only if the shooting is negligent.

[Igottanewknee]

All you wanted to know and then some..... Any questions??  

[jackelope]

All you wanted to know and then some..... Any questions??  

Welcome to Hunt-WA!!

[hogslayer]

Is having a loaded gun in the bed of your truck considered in the vehicle?  For instance if you were heading back to camp and put your stuff in the bed of the truck and drove a couple miles to camp.

[ghosthunter]

If you are talking rifle,shotgun or capped or primed muzzleloader.

Than yes.

[Bob33]

The RCW was amended in 2014 to change "in or upon a motor vehicle" to simply "in a motor vehicle."

You could argue that an exposed bed is not "in" a motor vehicle.

It's still not very wise.

[Alchase]

Is having a loaded gun in the bed of your truck considered in the vehicle?  For instance if you were heading back to camp and put your stuff in the bed of the truck and drove a couple miles to camp.

I heard of a couple of guys who got busted by WDFW for having a loaded rifle hanging by the sling from the side mirror of a parked truck, while in in deer camp.
And another with a loaded rifle leaning against a tire of a parked truck, while deer hunting.
Both of these were in the early 2000s.

[Bob33]

Is having a loaded gun in the bed of your truck considered in the vehicle?  For instance if you were heading back to camp and put your stuff in the bed of the truck and drove a couple miles to camp.

I heard of a couple of guys who got busted by WDFW for having a loaded rifle hanging by the sling from the side mirror of a parked truck, while in in deer camp.
And another with a loaded rifle leaning against a tire of a parked truck, while deer hunting.
Both of these were in the early 2000s.

Prior to 2014 it was illegal to have a loaded rifle or shotgun "upon" a motor vehicle.

[ghosthunter]

The RCW was amended in 2014 to change "in or upon a motor vehicle" to simply "in a motor vehicle."

You could argue that an exposed bed is not "in" a motor vehicle.

It's still not very wise.

I gotta think you would loose that argument. 
If you were driving down the road and your loaded gun flew out of the bed through the window of a car behind. I am guessing you could be charged with insecure load.
Because the firearm or any object was IN your truck.

I a guessing any game agent or LE would site you for loaded in the truck.

Can you imagine how many accidents there would be with guys caring loaded long guns in the bed of their trucks while hunting. Allowing that would be nuts.