Is it legal to carry hangun loaded in vehicle??

[ratherhunt]

I have a concealed pistol permit, can I carry a handgun loaded and on my hip in a vehicle??. I have asked several WDFW officers when I have been checked over the years and was always told it was OK with them, but its a gray area. I have been carrying loaded for years in the vehicle if I carry its loaded and I always carry, but my 12 year old daughter just passed her hunters safety class so now she is on me about carrying a loaded gun in vehicle, we were going to ask the WDFW officer that was coming to her hunters safety class but he got busy and could not come. The regs state no loaded rifle or shot gun in vehicle, so I think I am OK since a handgun is not a rifle or shotgun. I would just keep it concealed but its hard to conceal a handgun in August and September just to hot so its on my hip.  I emailed WDFW enforcement so I hope they will tell me for sure soon. I have called WDFW in the past and was told once it was OK to carry loaded in vehicle and once it was not OK. I wish they would just put in the regs. Thank You

[LCG]

On your person with CPL is fine. Really has nothing to do with WDFW, if you have questions of this nature contact the WSP.

Don

[Kain]

Yes it is legal and you are not required to have a CPL while engaging in a legal outdoor activity.

http://apps.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:


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;

[Kain]

You still have to follow all other firearms rules, like not shooting on maintained public highway or from vehicles and such.

[high country]

jus do not leave it loaded if it is not attached to you.

[LCG]

The gray area is the travel to and from without a CPL. If you have a truck loaded with gear and its obvious that your going camping you would be good without a CPL. If you had nothing but a pair of binoculars and wearing street clothes with no CLP. You would be hard pressed to convince a WSP that your going hiking. Since you have a CPL its all mute anyways.

Don

[halflife65]

jus do not leave it loaded if it is not attached to you.

I thought it was legal if it was loaded and laying on the front seat as long as you have a CPL;

[high country]

jus do not leave it loaded if it is not attached to you.

I thought it was legal if it was loaded and laying on the front seat as long as you have a CPL;

you might be able to sweet talk out of it, but the license allows you to carry a consealed pistol, not switchblade knives or sitting on the seat.....or under it for that matter. I know someone who already had that nightmare.

[BigD]

I thought it had to be concealed (out of site). I take mine out of the holster and put it in the consel if I don't have a coat to cover it up.

[LCG]

jus do not leave it loaded if it is not attached to you.

I thought it was legal if it was loaded and laying on the front seat as long as you have a CPL;

you might be able to sweet talk out of it, but the license allows you to carry a consealed pistol, not switchblade knives or sitting on the seat.....or under it for that matter. I know someone who already had that nightmare.

Physical control. That would be a grey area, not a risk work taking especially if a cop thought you were reaching. You may end up dead.

Don

[littletoes]

I was thinking the law had just been "refined", that a CPL allowed the handgun to now be Off of the carrier and in the vehicle when transporting from "place-to-place" for comfort of travel reasons.

I have a zippered type pistol carrier that I keep in my rig just for this purpose while driving.

The fact that a person has a carry permit ALWAYS comes up on the screen when you get pulled over, the cops always know. I've always heard folks say "The LEO asked me if I had a handgun on my person....." The answer should always be a resounding "YES", every American should be carrying a handgun, its our Constitutional Right.

[runamuk]

Well I was asked if there were any weapons in my vehicle after handing my license to an officer the other night......I actually had none as my work does not allow them on the property concealed permit or not.....so to avoid any hassles I leave them in my safe.
I should have asked him about that because usually I carry in a concealed carry bag and not on my person...yet.

[bigtex]

On your person with CPL is fine. Really has nothing to do with WDFW, if you have questions of this nature contact the WSP.

Don

Actually the violation of having a loaded firearm (which are identified as rifles, shotguns and muzzleloaders) in a motor vehicle no matter what the circumstance is a Title 77 violation which is a fish and wildlife violation. So a person stopped in downtown seattle with a loaded shotgun will actually be charged with the same offense that someone hunting in the Colockum would face. So you can technically have never hunted/fished a day in your life but still have a fish and wildlife crime because having a loaded firearm is considered a fish and wildlife offense, no matter if you are hunting or not. In fact the actual statute says nothing about hunting.

However having a loaded handgun in your vehicle without a CPL would be considered under Title 9.

[Oldguy]

Do a search for CPL laws in Washington State and I'm sure you'll find that If you have a CPL, it is lawful to have a loaded handgun concealed on your person in a vehicle, loaded in the vehicle as long as you are present in the vehicle and if you are out of the vehicle, the vehicle must be locked and the loaded firearm out of sight.

RCW 9.41.050

[ML_Hunter]

Yes, it IS legal is to have a concealed handgun ON YOUR PERSON wile hunting and in your vehicle wile driving from one hunting location to another. 

Now, if you have a .500 S&W on a shoulder holster under your jacket loaded and that is your primary hunting weapon...I can see some red flags being raised and may have to take that on to court  .

Also remember, when you are in your vehicle traveling from one hunting spot to another, you are at that moment not hunting, you are traveling to a hunting location.  You really don't want a "hunting from a motorized vehicle" charge because you used the wrong terminology. 

[ICEMAN]

Actually the violation of having a loaded firearm (which are identified as rifles, shotguns and muzzleloaders) in a motor vehicle no matter what the circumstance is a Title 77 violation which is a fish and wildlife violation. So a person stopped in downtown seattle with a loaded shotgun will actually be charged with the same offense that someone hunting in the Colockum would face. So you can technically have never hunted/fished a day in your life but still have a fish and wildlife crime because having a loaded firearm is considered a fish and wildlife offense, no matter if you are hunting or not. In fact the actual statute says nothing about hunting.

However having a loaded handgun in your vehicle without a CPL would be considered under Title 9.

True, sort of. Most municipalieties have codes on the books against nearly the same way Title 77 and Title 9 are written, and very often they amend the charge to the municipality charge... those convicted get convicted of a municipal code violation.

[LCG]

On your person with CPL is fine. Really has nothing to do with WDFW, if you have questions of this nature contact the WSP.

Don

Actually the violation of having a loaded firearm (which are identified as rifles, shotguns and muzzleloaders) in a motor vehicle no matter what the circumstance is a Title 77 violation which is a fish and wildlife violation. So a person stopped in downtown seattle with a loaded shotgun will actually be charged with the same offense that someone hunting in the Colockum would face. So you can technically have never hunted/fished a day in your life but still have a fish and wildlife crime because having a loaded firearm is considered a fish and wildlife offense, no matter if you are hunting or not. In fact the actual statute says nothing about hunting.

However having a loaded handgun in your vehicle without a CPL would be considered under Title 9.

Has nothing to do with fish and wildlife. The topic of the thread is "Is it legal to carry hangun loaded in vehicle?? " WDFW rules refer to RCW's concerning long guns and address RCW's concerning handguns during outdoor activity. The CPL rules and laws are state wide and all questions should be addressed to the WSP or local LEO.

Don

[bigtex]

Actually the violation of having a loaded firearm (which are identified as rifles, shotguns and muzzleloaders) in a motor vehicle no matter what the circumstance is a Title 77 violation which is a fish and wildlife violation. So a person stopped in downtown seattle with a loaded shotgun will actually be charged with the same offense that someone hunting in the Colockum would face. So you can technically have never hunted/fished a day in your life but still have a fish and wildlife crime because having a loaded firearm is considered a fish and wildlife offense, no matter if you are hunting or not. In fact the actual statute says nothing about hunting.

However having a loaded handgun in your vehicle without a CPL would be considered under Title 9.

True, sort of. Most municipalieties have codes on the books against nearly the same way Title 77 and Title 9 are written, and very often they amend the charge to the municipality charge... those convicted get convicted of a municipal code violation.

That's true, however some smaller cities and counties just go with the straigt RCW 77 violation. Seattle and Tacoma can afford to essentially rewrite the entire RCW's to make it into their liking. However the smaller cities can't or just chose to pick and chose which laws they make apart of their city code. Usually this is done with traffic and alcohol offenses. I worked for several law enforcement agencies and we all used the title 77 violation for this offense.

[ratherhunt]

Hi, I finally got a responce from WDFW, Thanks for everyones help. I do not know how to attach the attachment they sent me but its called Firearms Safety, The Law & You.



Thank you for contacting WDFW.  Your e-mail has been referred to me for a response.
 
Attached for your information is a copy summarizing important firearm laws.  RCW 9.41.050 provides specific information about carrying firearms, and RCW 9.41.060 provides information about certain exceptions.
 
You may carry your handgun loaded in your vehicle, providing you comply with all other legal requirements.
 
Mik Mikitik
Department of Fish and Wildlife
Enforcement Program
Hunter Education Division

[Bigshooter]

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.

[buckhorn2]

I have a friend who had just got his consealed permit and was on his way home when he noticed a stater behind him and his lights came on. My friend was trying to think what to say and when the officer walked up he said I have a gun. Next thing his head is on the hood and he said wish I could have worded that a little different. It was on the seat and he did;nt get a ticket he said it was funny afterwords but not then.

[runamuk]

I have a friend who had just got his consealed permit and was on his way home when he noticed a stater behind him and his lights came on. My friend was trying to think what to say and when the officer walked up he said I have a gun. Next thing his head is on the hood and he said wish I could have worded that a little different. It was on the seat and he did;nt get a ticket he said it was funny afterwords but not then.

this is why I decided to simply put my drivers license on one side of my wallet thing and my concealed permit on the other...not that I ever get pulled over or anything  but it was much simpler to be asked if there were any firearms in the vehicle 

[Tony 270]

Can you have a handgun on you in WA while bowhunting yet? Know you can in Oregon. If not, what if you have a conceiled license, then can you? Different rules type of thing?

[CastleRocker]

Can you have a handgun on you in WA while bowhunting yet? Know you can in Oregon. If not, what if you have a conceiled license, then can you? Different rules type of thing?

Yep, they changed that last year.