concealed carry ?

[HornHoarder]

I'm wondering where I can look at the laws about carrying a pistol while fishing/hunting. I do not have a permit, but thought I have heard there are some exemptions where a permit is not needed if engaged in such activities.

[wraithen]

I've heard the same thing, but what are the odds the cop doesn't see it the same way or isn't up to speed on that law? Just get a ccw or open carry. 

[300rum]

Just read the RCW's.  Search "Washington State RCW", then search the RCW's under "Concealed pistol".  Everything will show up, it is quite easy. 

It really doesn't matter what law enforcement says or doesn't say.  The RCW's are the law. 

[300rum]

I would suggest also to read the RCW on "Justifiable Homicide". 

[cwuwildcat]

Section 8 of this; http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060

Should read all of 9.41 to get a good idea of everything.

[Cap.Silver]

HH don't forget also to read the rules for transporting firearm rule if you don't have CLP .

[brokenvet]

It seems that the exceptions law is ambiguous, (specifically the term "Carrying firearms"., it should be further defined) and I read it as you can only OPEN carry without a CPL.


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.

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.

[FC]

*Snip*

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

( 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;

[winshooter88]

The key line in this exception is, "only if, considering all of the attendant circumstances". As far as I know this has never been tested in a court case in Washington state. So while on the surface it looks like this could be used a reason to legally carry concealed without a permit while participating in these activities, be aware that a judge could see things very differently about this RCWs actual application.   

[FC]

The RCW is quite clear, the OP asked specifically regarding carry while fishing and hunting. 

If you would rather sit in your basement picking your nose and furtively peeking under the tinfoil over your windows every once in a while...that is totally your call! 

[CAMPMEAT]

You don't need permission from anyone to carry a gun in Washington State. It's an open carry state, except on the westside ! ( I had to put that in there )  just as other posters have said.

[KFhunter]

Dude, relax
 
If you are otherwise legal to carry a handgun (not a felon or wife beater) then strap on your side arm if you wish if your doing an outdoor activity - you're legal from your front door of your house until you get back.
 
 
 
 
Now, does that include getting a cart full of grub from the local walmart with a loaded sidearm tucked inside your waistband?  I wouldn't test that even though there isn't really any provisions for stops incidental to your outdoor activity.  If something went sidways and you got into a questionable shoot there could be some new rule making in a hurry.

[washelkhunter]

Its only been 2yrs since we have been able to carry a sidearm during archery and ML seasons. The exalted powers that be had to give it up with all the bears, cats and now wolves out there. Wash is an open carry state.

[HornHoarder]

Thanks for the imput. Sounds like I should just get my concealed weapons permit. Anybody that has done that lately? how much does it cost? How long is the wait? Where do I apply?

[cwuwildcat]

Thanks for the imput. Sounds like I should just get my concealed weapons permit. Anybody that has done that lately? how much does it cost? How long is the wait? Where do I apply?

1) Depends.  No more than 30 days, but it's dependent on the agency you go through.  Some take the full 30 days, some it's a day or two.
2)  $55, +$3 if they will laminate it for you.
3) Police dept or sheriffs dept, depending on where you live.

[300rum]

Yes, you should just go ahead and get it, it is very easy.  Even if the only reason you use it happens to be when you are hunting/fishing, it is good just to have around if you ever have to pull up to a 711 in the middle of night in downtown Tacoma because your pickup is on empty. 

Thanks for the imput. Sounds like I should just get my concealed weapons permit. Anybody that has done that lately? how much does it cost? How long is the wait? Where do I apply?

[winshooter88]

FC, I don't need a tin hat and I'm not hiding in my basement. All I was saying that some legal eagle may make things interesting if you had to use your unlicensed but should be legal gun to protect yourself. Lots of prosecutors have their own ideas about what our state RCWs actually mean. Since it is easy to get a CPL in this state if your legal why take the chance? Now if any case about this RCW had been through the court system and the RCW had been upheld, then go for it. In the end it is each individuals choice.



edited for spelling

[FC]

I've seen this same argument so many times...

When you go fishing and the limit is two, do you only keep one just in case some game warden reads the regs differently than you? In a 4 point only area would you shoot a buck with 3 points + eyeguards on each side? The regs say that's a legal buck but you never know what some legal eagle will make of it...

Either know the laws and your rights and live within them or live your life in fear, always looking over your shoulder

[winshooter88]

FC, have it your way. You only know that anything that you don't agree with is wrong. Get angry if you want. Try to belittle me for saying something you don't like, I couldn't care less. My right to post on this forum as long as I stay within the rules, is the very same as yours. Have a good night

[FC]

FC, have it your way. You only know that anything that you don't agree with is wrong. Get angry if you want. Try to belittle me for saying something you don't like, I couldn't care less. My right to post on this forum as long as I stay within the rules, is the very same as yours. Have a good night

I'm absolutely not angry, I am a little depressed at the thought that so many Americans are ready and willing to get cornholed on their rights that they try and imagine new ways that it could happen and then act out these fantasies.

[runamuk]

I've seen this same argument so many times...

When you go fishing and the limit is two, do you only keep one just in case some game warden reads the regs differently than you? In a 4 point only area would you shoot a buck with 3 points + eyeguards on each side? The regs say that's a legal buck but you never know what some legal eagle will make of it...

Either know the laws and your rights and live within them or live your life in fear, always looking over your shoulder

pretty much where I spend my life..... figuring I am obeying a law that has been changed or interpreted some other way thus rendering my belief I am within my rights now void....many days I feel like my existence has been stamped with a giant red VOID  I decided it wasnt worth the bs of trying to figure out what is or isn't a legal and obvious outdoor activity and just got a cpl....

[HornHoarder]

Well, I applied for my permit today.  Sounds like I would have been OK to carry while fishing/hunting, but now I'll be legal to pack any time I want. $52.50 and about two weeks out.

[FC]

Well, I applied for my permit today.  Sounds like I would have been OK to carry while fishing/hunting, but now I'll be legal to pack any time I want. $52.50 and about two weeks out.

It's nice piece of mind and of course nice to be able to just walk in, buy a pistol and walk out with it.