Open Carry in WA

[smdave]

It has been if the news lately so I have been looking into it some, Washington is an Open Carry state.

http://www.opencarry.org/pdf/KingCountySheriffsBulletin.pdf


http://www.opencarry.org/pdf/KingCountySheriffsBulletin.pdf

http://opencarry.org/

It is not something I recomend, but I have traveled to other states and think it is really american to see guns on the hip when walking around town. I wish washington was not such a *censored* state. If you were to open carry have as much documentation as you can print and carry on you maybe even your lawyers phone number etc.

Dave

[Bofire]

some cities have local ordinances against it, be careful, I 'think' King county has a law also. not sure at all.
Carl

[KillBilly]

"It has been if the news lately so I have been looking into it some, Washington is an Open Carry state."
 
You are correct Dave, it has been that way for years. The only place I was ever  questioned about carry was at my bank. I went in to make a deposit and forgot I was packing. They all knew me there but I was still ask to not do it again because it made some folks nervous. I am definately not wanting anyone nervous 

[CP]

some cities have local ordinances against it, be careful, I 'think' King county has a law also. not sure at all.
Carl

Any such laws, including Seattle’s latest attempt, would be illegal per RCW 9.41.290.   


RCW 9.41.290
State preemption. 

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

[KillBilly]

It was clearly stated that The Seattle position was a "RULE" not a law. They stated they understood the implications of going against an RCW and are only suggesting that things would be less violent if the "RULE" was put in place.

There was a lot more about how they hoped to encourage people to abide by the rule. But again, they understand that they must abide by the "LAW"

[CP]

Well that couldn’t be any less clear.     The state constitution is clear:

Article 1, Section 24:

"The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired....."

A “Rule” or a “Law” or whatever that prevents a law abiding citizen from bearing arms certainly flies in the face of Washington’s constitution.  A Seattle City Park is about the last place that I want go unarmed, especially when the city makes it clear to every criminal out there that the general citizenry will be unarmed. 

I hope that every person that is mugged or shot or stabbed on Seattle property sues the city for impairing their right to self defense. 

My apologies for moving this thread from Guns & Ammo to a political discussion. 

[Bscman]

I've known this for quite some time, though I've never seen anyone open carry during day-to-day activities...
While hunting/horsebackriding/etc I see if from time to time, though.

I was pleased to see an article in the Skagit Valley Herald about a week ago regarding open carry. I'm happy to see more people taking an interest in carrying, but at the same time...I hope it doesn't intrigue any anti's to start pushing for more laws...

Since we're on the topic, I have a question.

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.

Okay, simple enough.
Concealed carry of a firearm is illegal without a permit (except for in your home or fixed place of work).

However...there are also exceptions that can be found here:

RCW 9.41.060
The provisions of RCW 9.41.050 shall not apply to:

     (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

     (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;

     (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;

     (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.

Now, I am aware that it is legal to open carry while participating in those items I highlighted...
However, after re-reading these two laws it appears that concealed carry is legal, without a permit, if you are actively participating and/or meet any of the qualifications listed directly above.

Somehow I missed this the last few times I reviewed these laws.
So it's legal to carry either openly or concealed, without a permit, while I'm hiking and fishing/hunting the back country, and also in my travels to and from my legitimate recreation area?

Now, I realize firearms are lot allowed within National Parks boundaries...so the answer is an obvious no if I am recreating there.

However, In Washington State Parks and snow parks, concealed carry is legal--though discharge is regulated.... WAC 352-32-120

So concealed carry of a pistol, without a permit, would be legal on state parks land as long as one is actively hiking, camping, fishing, etc...?
Isn't that why 90% of people go to parks? So legally, those 90% of people could be packing, without a permit, on state park land?

Just trying to clarify.
On occasion, while openly carrying, I get snide looks or comments while out hiking and fishing. It would be nice to know that I could carry concealed in a holster, in a pack, etc. (since I don't have a CCW permit) in hopes of drawing a bit less "negative" attention...

So are my interpretations correct? Anyone have any thoughts?
Thanks

-Brett

[CP]

You are correct on all counts.  The only caveat being without a permit you may not have a loaded handgun in your vehicle. 

[Bofire]

Read the RCW CP, yes you can, you cant have a rifle or shotgun loaded but a handgun is legal, per the RCW restrictions, and Yes I have been through several check points with a handgun obvious and open, loaded, last time a 44 Redhawk, did not even get a question. Asked about the rifle though.
Carl

[CP]

Read the RCW CP, yes you can, you cant have a rifle or shotgun loaded but a handgun is legal, per the RCW restrictions, and Yes I have been through several check points with a handgun obvious and open, loaded, last time a 44 Redhawk, did not even get a question. Asked about the rifle though.
Carl

I have read them but I can’t say that haven’t got lost in them from time to time.  Perhaps you can point me to the pertinent section.  My comment is based on 9.41.050 (2)(a) -


RCW 9.41.050
"Carrying Firearms"

     (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.

[smdave]

The CWP in Washington only allows you to conceal the gun on your person not the glove box or under the seat. I think that is what you are refering to.

Open carry is out in the open on your hip, laying on the dash in the gun rack on the seat etc.

Dave

[DeKuma]

I too, have been through many check points with a loaded .44 on my belt.  Whether in the car or on the quad.  Only comment I have ever gotten is, "Nice Gun." or "Have you managed to shoot anything with that yet, I have always wanted to handgun hunt."
Usually they look down at it and proceed to check my tags and that is it.

[Bofire]

CP read #8 of 19.41.060, I SHOULD have been more specific as to "while hunting" I assumed hunting, duh!.  My oversight,You are correct in day to day activities you cannot have a loaded handgun in a car, without a permit.
Carl