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Author Topic: Carry a handgun while Hunting?  (Read 20553 times)

Offline StacyDave97

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Re: Carry a handgun while Hunting?
« Reply #30 on: April 18, 2011, 01:05:02 PM »
If your hunting or traveling too and from a hunt or gun range or other similar activity, its legal to carry concealed... that is IF you are actually participating in a legal outdoor activity!
If you carry a concealed pistol in your vehicle without a CPL and you do this as part of your everyday activities and when you get pulled over you tell the LEO that you are "Heading to" or "Returning from" an outdoor activitiy to save your ass, your no different then any other low life law breaker.  You just might not got caught.   

Someone asked about how the does a LEO know you have a CPL when you are pulled over.  Answer:  Its attached to your drivers license record.  When you DL is run, it will show that you have a CPL.  You are not LEGALLY required to "announce" that you have a CPL or a concealed weapon on your person or in vehicle when you are pulled over. IMHO,  its in your best interest not to annouce but to hand over your CPL when pulled over.  Its a non verbal way of stating, your carrying and should put everyone at ease.

Thanks for answering that,  wondered if it were brought up when they run your info.

No, the above information is wrong, at least in Washington.  The fact that you have a CPL is not, in any way, attached to your driver's license.  I work in LE so I know this to be true.  If you are stopped by a local officer, by local I mean you live in that city, the officer may be aware of a CPL if he checks his local records system, as most police departments will enter the CPL into their database.  Also, if there are other surrounding agencies that use the same records system, like a regional system, then those officers will also be able to see that you have a CPL...IF they check their local system.  Some do and some don't.  Most officers only find out you have a CPL if it is visible when you pull out your driver's license.  Mine is not visible, nor do I advertise the fact that I have a CPL, whether I have the gun with me or not.    The average officer does not usually ask someone if they have a CPL.  The only time I've been asked about it is when I was up by our cabin in Steven's County and then it almost seemed like a standard question  :dunno:  maybe they are just used to people carrying up in that area more.  I'm not a commissioned officer but if I were and someone told me they were carrying, I'd probably be inclined to ask for the weapon until I was finished with the stop.... that's just me but I've heard other LE say the same thing!!  Hope this helps answer that question!

Offline ORCA_SIX

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Re: Carry a handgun while Hunting?
« Reply #31 on: April 18, 2011, 01:14:17 PM »
I understand your reasoning for taking the weapon, safety right?. But is that legal? How would you justify that? Also, there are a lot of cops who I definitely would never hand my weapon over too, because they are completely unsafe. That seems ridiculous to me. Has anybody ever have this happen to them? I guess I am wondering WTF!
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Offline BallisticsNut

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Re: Carry a handgun while Hunting?
« Reply #32 on: April 18, 2011, 01:23:51 PM »
If your hunting or traveling too and from a hunt or gun range or other similar activity, its legal to carry concealed... that is IF you are actually participating in a legal outdoor activity!
If you carry a concealed pistol in your vehicle without a CPL and you do this as part of your everyday activities and when you get pulled over you tell the LEO that you are "Heading to" or "Returning from" an outdoor activitiy to save your ass, your no different then any other low life law breaker.  You just might not got caught.   

Someone asked about how the does a LEO know you have a CPL when you are pulled over.  Answer:  Its attached to your drivers license record.  When you DL is run, it will show that you have a CPL.  You are not LEGALLY required to "announce" that you have a CPL or a concealed weapon on your person or in vehicle when you are pulled over. IMHO,  its in your best interest not to annouce but to hand over your CPL when pulled over.  Its a non verbal way of stating, your carrying and should put everyone at ease.

Thanks for answering that,  wondered if it were brought up when they run your info.

No, the above information is wrong, at least in Washington.  The fact that you have a CPL is not, in any way, attached to your driver's license.  I work in LE so I know this to be true.  If you are stopped by a local officer, by local I mean you live in that city, the officer may be aware of a CPL if he checks his local records system, as most police departments will enter the CPL into their database.  Also, if there are other surrounding agencies that use the same records system, like a regional system, then those officers will also be able to see that you have a CPL...IF they check their local system.  Some do and some don't.  Most officers only find out you have a CPL if it is visible when you pull out your driver's license.  Mine is not visible, nor do I advertise the fact that I have a CPL, whether I have the gun with me or not.    The average officer does not usually ask someone if they have a CPL.  The only time I've been asked about it is when I was up by our cabin in Steven's County and then it almost seemed like a standard question  :dunno:  maybe they are just used to people carrying up in that area more.  I'm not a commissioned officer but if I were and someone told me they were carrying, I'd probably be inclined to ask for the weapon until I was finished with the stop.... that's just me but I've heard other LE say the same thing!!  Hope this helps answer that question!

Thats interesting because I was told just the opposite on Sunday by a Federal Criminal Investigator. 

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Re: Carry a handgun while Hunting?
« Reply #33 on: April 18, 2011, 07:07:03 PM »
Does anyone think it's a little....dorky...to have a pistol on your belt while hunting? While I want to have it accessible, I'm not trying to look like 'West side adventure boy'  I was thinking of carrying it in my pack, and just putting it on my belt to use when packing meat or scouting, or whenever I don't have a rifle on me.  :chuckle:

Offline BallisticsNut

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Re: Carry a handgun while Hunting?
« Reply #34 on: April 18, 2011, 07:26:20 PM »
Does anyone think it's a little....dorky...to have a pistol on your belt while hunting? While I want to have it accessible, I'm not trying to look like 'West side adventure boy'  I was thinking of carrying it in my pack, and just putting it on my belt to use when packing meat or scouting, or whenever I don't have a rifle on me.  :chuckle:
I use a military style (Army) thigh holster.  That way its right were I need and and ready to go!  Oh yea, and it dont get in the way of my pack.

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Re: Carry a handgun while Hunting?
« Reply #35 on: April 18, 2011, 07:57:53 PM »
About 2 months ago coming thru Tumwater late at night.   I got pulled over by WSP for drifting across white line 3 times.  He thought I might of been drinking. (Have not for over 7 years)  He asked me if I had a weapon in my vehical informed  him I did and have CWP)  He wanted to know where it was and asked me to put my hands on headboards untill he could secure it. 
He took out the clip and the one from the chamber then put it in my backseat under my coat and told me to get it out when I got home.  Then he told me to drive down to exit 99 get some coffee before I drove the rest of the way home.
He was very polite just doing his job and gave me something to talk about for a few days it was very painless.
P.S. Gun was back out and loaded at exit 99 while drinking coffee     

Offline bobcat

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Re: Carry a handgun while Hunting?
« Reply #36 on: April 18, 2011, 08:04:45 PM »
There's nothing wrong with having it concealed while in a vehicle either. The exception in the law allows for that:

 
Quote
(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;

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

No where in that paragraph does it state thate you can legaly carry a concealed firearm in a vehical without a
CWP. It says traveling, It doesn't say traving by vehical, there are many ways of traveling besides driving a vehical.

It also does not state that you can't. If it doesn't say you can't, then you CAN.

Also, what other ways are there of traveling "to or from a legitimate outdoor recreation area"? Most people don't ride horses or walk from their house to where they hunt anymore.
« Last Edit: April 18, 2011, 08:16:45 PM by bobcat »

Offline ghosthunter

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Re: Carry a handgun while Hunting?
« Reply #37 on: April 18, 2011, 11:25:44 PM »
Open carriers some times have their handguns secured while officers talk to them. The reason is always officer safety.
I think the WSP and most sheriff Dept are the best trained in carry laws.
I have never declared my handgun or my CPL in 40 years of carry. I would declare if a officer asked me to step out, otherwise never.

All the information you want about carry CC or Oc can be found on opencarry.org WA forum.
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Offline sled

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Re: Carry a handgun while Hunting?
« Reply #38 on: April 19, 2011, 07:28:58 AM »
  Spend the money, take the time to get the permit.  The possible problems are not worth the worry, and you will be legal no matter what. :twocents:

Offline turkeyfeather

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Re: Carry a handgun while Hunting?
« Reply #39 on: April 19, 2011, 07:42:09 AM »
I was stopped by a gamie and we were told while he was checking our tags that it is legal to have a concealed weapon anytime you are doing an outdoor activity.
Be more concerned with your character than your reputation. Your character is who you actually are while your reputation is merely who others think you are.

Offline bigtex

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Re: Carry a handgun while Hunting?
« Reply #40 on: April 19, 2011, 11:16:34 AM »
If your hunting or traveling too and from a hunt or gun range or other similar activity, its legal to carry concealed... that is IF you are actually participating in a legal outdoor activity!
If you carry a concealed pistol in your vehicle without a CPL and you do this as part of your everyday activities and when you get pulled over you tell the LEO that you are "Heading to" or "Returning from" an outdoor activitiy to save your ass, your no different then any other low life law breaker.  You just might not got caught.   

Someone asked about how the does a LEO know you have a CPL when you are pulled over.  Answer:  Its attached to your drivers license record.  When you DL is run, it will show that you have a CPL.  You are not LEGALLY required to "announce" that you have a CPL or a concealed weapon on your person or in vehicle when you are pulled over. IMHO,  its in your best interest not to annouce but to hand over your CPL when pulled over.  Its a non verbal way of stating, your carrying and should put everyone at ease.

Thanks for answering that,  wondered if it were brought up when they run your info.

No, the above information is wrong, at least in Washington.  The fact that you have a CPL is not, in any way, attached to your driver's license.  I work in LE so I know this to be true.  If you are stopped by a local officer, by local I mean you live in that city, the officer may be aware of a CPL if he checks his local records system, as most police departments will enter the CPL into their database.  Also, if there are other surrounding agencies that use the same records system, like a regional system, then those officers will also be able to see that you have a CPL...IF they check their local system.  Some do and some don't.  Most officers only find out you have a CPL if it is visible when you pull out your driver's license.  Mine is not visible, nor do I advertise the fact that I have a CPL, whether I have the gun with me or not.    The average officer does not usually ask someone if they have a CPL.  The only time I've been asked about it is when I was up by our cabin in Steven's County and then it almost seemed like a standard question  :dunno:  maybe they are just used to people carrying up in that area more.  I'm not a commissioned officer but if I were and someone told me they were carrying, I'd probably be inclined to ask for the weapon until I was finished with the stop.... that's just me but I've heard other LE say the same thing!!  Hope this helps answer that question!

Thats interesting because I was told just the opposite on Sunday by a Federal Criminal Investigator.

It really depends on the state. There is no statewide policy in WA that requires  CPL info to be attached to the DL info.

Also, in regards to declaring if you are carrying when you are stopped by a  LEO. It depends on the state. I have several friends that work in LE in California and in that state you must declare that you are carrying. If you don't then it is an arrestable offense. Always good to know the laws of the state you are carrying in when you travel.

Offline longknife

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Re: Carry a handgun while Hunting?
« Reply #41 on: April 19, 2011, 11:54:28 AM »
(quote)It also does not state that you can't. If it doesn't say you can't, then you CAN.

CWP book states, "remember, No single pamphlet can list all safty info, or laws, rules, and regulations." Just cause you dont see it on one book, dosent mean it dosent exhist! Know your rules, and regs.
I have been told by Sno co.(CWP is issued by the county) you must let officers know if you have a cwp in the vehicle. You must have the weapon on you if it is loaded. Remember you are responsible for every bullet, if it is under your seat, and you hit a pot hole, and it goes off, its your responsability. I understand being liberal, and demanding on the rights we were given, but the charges if you mess up, could grant a fellony charge, rendering all your rights.
Non concield weapons are fine, as long as they are unloaded, and visable, in a vehicle.

Just to add, A friend is a retired SnoCo Sheriff. The county can give fellons CWP's. It has to be issued, or denied within a certan time period.(cant remember but i think i recall its 30days)
If the county hasnt done its full background investigation, it is issued. My buddy had to collect fellons with CWP's, not a fun job!

« Last Edit: April 19, 2011, 12:01:25 PM by longknife »
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Offline xd2005

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Re: Carry a handgun while Hunting?
« Reply #42 on: April 19, 2011, 12:43:07 PM »
(quote)It also does not state that you can't. If it doesn't say you can't, then you CAN.

CWP book states, "remember, No single pamphlet can list all safty info, or laws, rules, and regulations." Just cause you dont see it on one book, dosent mean it dosent exhist! Know your rules, and regs.
I have been told by Sno co.(CWP is issued by the county) you must let officers know if you have a cwp in the vehicle.

The CWP book is correct, not every single law, rule, or regulation is included. But the fact remains that there is or is not a law. Just because someone says something does not make it a law unless there is an actual law (or written opinion by an authorized person).  The RCW states: (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. (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050)   I will not attempt to interpret the law, that is not my role.

You must have the weapon on you if it is loaded. Remember you are responsible for every bullet, if it is under your seat, and you hit a pot hole, and it goes off, its your responsability. I understand being liberal, and demanding on the rights we were given, but the charges if you mess up, could grant a fellony charge, rendering all your rights.

Yes, you are responsible for your firearm...that is a given, whether it's in your vehicle or elsewhere...HOWEVER, I disagree that a loaded firearm MUST be on your person while in the vehicle. Two items to support this.

First, I was pulled over a few months back by WSP. Loaded pistol in car door (I have CPL). He asked if there were any weapons (he said he already knew by the way we were trying to ensure he felt comfortable -- hands on dash/steering wheel, etc). I noted there was one in the door and he had no problems. Point being, no issue with it not being on my person.

Second, there is a WA AGO letter that indicates that it is not required to be on the person (http://dyna-vault.com/images/Guns in Vehicles.pdf). (note, you need to copy and paste the link due to the spaces)

Offline longknife

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Re: Carry a handgun while Hunting?
« Reply #43 on: April 19, 2011, 01:44:22 PM »
So the stater that pulled me over last week is wrong? He told me my 44 mag had to be on me. If someone is in the car, it can be rendered by others(had no one in the rig). his statement

I dont agree with the, "Dont see it, its legal" comment. There are many panphlets, rules and regs constantly being passed, hell the state representitives cant keep up. When the cop asks more questions, and you say, "i didnt know, you couldnt do that" it tends to be a bad thing.
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Offline xd2005

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Re: Carry a handgun while Hunting?
« Reply #44 on: April 19, 2011, 02:01:37 PM »
So the stater that pulled me over last week is wrong? He told me my 44 mag had to be on me. If someone is in the car, it can be rendered by others(had no one in the rig). his statement

I guess so. Did he cite a law?

The law states:

  (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.

The "OR" makes each mutually exclusive, thus if any one of the three are met it meets the criteria. This is consistent with the WA AGO letter.

The fact is, either the trooper that pulled me over was wrong (also, when I was pulled over, my wife and infant daughter were in the car...wife has a CPL but it was never asked of her) or the one that pulled you over is wrong. Both cannot be right...considering the language of the law and the letter from the AGO, I'm inclined to say that the trooper that pulled you over was not correct.

 


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