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Author Topic: Is it legal to carry hangun loaded in vehicle??  (Read 5204 times)

Offline ratherhunt

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Is it legal to carry hangun loaded in vehicle??
« on: August 23, 2010, 03:07:25 PM »
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

Offline LCG

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #1 on: August 23, 2010, 03:13:16 PM »
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

Offline Kain

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #2 on: August 23, 2010, 03:13:41 PM »
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  

Quote
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;

Offline Kain

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #3 on: August 23, 2010, 03:18:14 PM »
You still have to follow all other firearms rules, like not shooting on maintained public highway or from vehicles and such.

Offline high country

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #4 on: August 23, 2010, 03:27:45 PM »
jus do not leave it loaded if it is not attached to you.

Offline LCG

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #5 on: August 23, 2010, 03:31:06 PM »
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

Offline halflife65

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #6 on: August 23, 2010, 03:32:48 PM »
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;

Offline high country

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #7 on: August 23, 2010, 03:36:01 PM »
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.

Offline BigD

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #8 on: August 23, 2010, 03:37:11 PM »
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.

Offline LCG

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #9 on: August 23, 2010, 03:38:12 PM »
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

Offline littletoes

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #10 on: August 29, 2010, 09:11:20 AM »
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.
"The People of the United States are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." - Abraham Lincoln

Offline runamuk

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #11 on: August 29, 2010, 09:17:35 AM »
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.

Offline bigtex

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #12 on: August 29, 2010, 08:55:07 PM »
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.

Offline Oldguy

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #13 on: August 29, 2010, 09:59:07 PM »
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

Offline ML_Hunter

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Re: Is it legal to carry hangun loaded in vehicle??
« Reply #14 on: August 30, 2010, 12:40:00 AM »
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.  :rolleyes:

 


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