Post by: WA hunter14 on August 19, 2012, 04:58:40 PM
Post by: Bob33 on August 19, 2012, 05:01:14 PM
Post by: Battle Ready on August 19, 2012, 05:08:35 PM
Post by: WA hunter14 on August 19, 2012, 05:09:43 PM
Post by: Battle Ready on August 19, 2012, 05:12:07 PM
Post by: WA hunter14 on August 19, 2012, 05:15:19 PM
Post by: Battle Ready on August 19, 2012, 05:20:24 PM
Post by: Huntbear on August 19, 2012, 05:23:10 PM
I would also contact WDFW and get a name, of the person you talked to, in case you are stopped and checked by a gamie having a bad day.
Post by: bobcat on August 19, 2012, 05:27:48 PM
what about on the way to hunting, is it legal for me to drive to my spots with the handgun in my truck(unloaded ofcourse)
The way I understand the law, you could actually carry your handgun in your vehicle, LOADED, and you would be 100% legal. As long as you are going to or coming from an "outdoor recreational activity."
Post by: runamuk on August 19, 2012, 05:28:07 PM
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41 (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41)
Quote
RCW 9.41.042
Children — Permissible firearm possession.
RCW 9.41.040(2)(a)(iii) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.
[2003 c 53 § 27; 1999 c 143 § 2; 1994 sp.s. c 7 § 403.]
Notes:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Post by: WA hunter14 on August 19, 2012, 05:28:47 PM
Post by: Bob33 on August 19, 2012, 05:33:58 PM
Post by: WA hunter14 on August 19, 2012, 05:36:07 PM
Post by: CAMPMEAT on August 19, 2012, 05:36:40 PM
Post by: Battle Ready on August 19, 2012, 05:39:19 PM
Post by: bobcat on August 19, 2012, 05:42:15 PM
I dont know the law about loaded....even if it is legal (unless you have a concealed carry permit), and still its kinda dangerous having a loaded gun in the car. Why do FW check if your gun is loaded and write tickets to people who have loaded guns in their rig? Weird! the whole thing is weird because it seems like there is a TON of gray area when its hunting and not hunting..
The law that says you can't have a loaded gun in your vehicle only applies to long guns (shotguns and rifles). If you're hunting, it's legal to have a loaded handgun in the vehicle, just can't be concealed on your person. That's my understanding of it anyway. And I'm not 100% sure if the law applies differently to someone under the age of 21.
Post by: Battle Ready on August 19, 2012, 05:44:28 PM
Post by: CAMPMEAT on August 19, 2012, 05:48:57 PM
can you carry a pistol loaded if you have a carry conceal permit?
Yes, I do it all the time.
Post by: Battle Ready on August 19, 2012, 05:53:42 PM
Post by: WA hunter14 on August 19, 2012, 06:11:18 PM
Post by: MadHatter on August 20, 2012, 03:13:33 AM
Call the WDFW only, to get the truth (?). Do not go by what others tell you, get it from the horses mouth.
This is absolutely the wrong approach to this question. Asking anyone in LE about laws is not the smartest way to go, as a lot of cops may not know the answer 100% either, and fire off an answer they think is right, or have heard before... You want interpretation on the RCW's, hire an attorney who will do the research needed to get the right answer, to include applicable case law, and then back their work should you be charged with that crime... Many cops will still tell you open carry is against the law, and many cops will tell you their opinion if they don't know... Asking a LE for legal advice is opening you up to a whole legal can of worms, as even having the name of the officer that told you something doesn't absolve you of committing a crime a cop may have interpreted wrong. While game wardens might be looked at differently, they are still LE, and should not be used for legal advice. In the end the only person responsible for knowing the law is you and if you know you are in the right and are cited or arrested you will win. Just remember these words if you are detained and questioned by LE "I wish to speak with an attorney prior to answering any of your questions, and I will be exercising my right to silence until that time." Then stop talking.
As for the OP, he would be OK, under 21 carrying a loaded handgun for hunting as prescribed in RCW 9.41.060 (8) and having a loaded handgun while hunting would fall under 9.41.042, 9.41.060(8) and Title 77 RCW. It just boils down to reading the RCWs... Its all there.
Post by: tommyjohnston on August 20, 2012, 05:46:13 AM
Post by: Knocker of rocks on August 20, 2012, 06:23:53 AM
Call the WDFW only, to get the truth (?). Do not go by what others tell you, get it from the horses mouth.
This is absolutely the wrong approach to this question. Asking anyone in LE about laws is not the smartest way to go, as a lot of cops may not know the answer 100% either, and fire off an answer they think is right, or have heard before... You want interpretation on the RCW's, hire an attorney who will do the research needed to get the right answer, to include applicable case law, and then back their work should you be charged with that crime... Many cops will still tell you open carry is against the law, and many cops will tell you their opinion if they don't know... Asking a LE for legal advice is opening you up to a whole legal can of worms, as even having the name of the officer that told you something doesn't absolve you of committing a crime a cop may have interpreted wrong. While game wardens might be looked at differently, they are still LE, and should not be used for legal advice. In the end the only person responsible for knowing the law is you and if you know you are in the right and are cited or arrested you will win. Just remember these words if you are detained and questioned by LE "I wish to speak with an attorney prior to answering any of your questions, and I will be exercising my right to silence until that time." Then stop talking.
As for the OP, he would be OK, under 21 carrying a loaded handgun for hunting as prescribed in RCW 9.41.060 (8) and having a loaded handgun while hunting would fall under 9.41.042, 9.41.060(8) and Title 77 RCW. It just boils down to reading the RCWs... Its all there.
:yeah: Cops don't know what the laws are. They like to enforce stuff and all that, but they are wrong as often as not. If cops were right, we wouldn't need courts.
Post by: CAMPMEAT on August 20, 2012, 06:52:17 AM
Post by: Knocker of rocks on August 20, 2012, 07:01:23 AM
I didn't say call the cops, be sure to read my answer carefully before answering it or criticizing it.
WDFW are cops, or did you mean ask the chick who answers the phone?
Post by: RG on August 20, 2012, 07:14:12 AM
Post by: CAMPMEAT on August 20, 2012, 07:20:34 AM
I didn't say call the cops, be sure to read my answer carefully before answering it or criticizing it.
WDFW are cops, or did you mean ask the chick who answers the phone?
Blah, blah, blah...
Post by: MadHatter on August 20, 2012, 07:27:49 AM
I didn't say call the cops, be sure to read my answer carefully before answering it or criticizing it.
You are right... You said call WDFW, but WDFW has a LE arm to it, which is how I read it. So on that one I do sincerely appologize. But even then, a pencil pusher at a state office isn't likely to be read up on ALL the laws that apply to a given situation, to include case law and court decisions.
Sent from my sniper hide...
Post by: CAMPMEAT on August 20, 2012, 07:37:38 AM
Post by: Knocker of rocks on August 20, 2012, 07:41:27 AM
I didn't say call the cops, be sure to read my answer carefully before answering it or criticizing it.
You are right... You said call WDFW, but WDFW has a LE arm to it, which is how I read it. So on that one I do sincerely appologize. But even then, a pencil pusher at a state office isn't likely to be read up on ALL the laws that apply to a given situation, to include case law and court decisions.
Sometimes the chick who answers the phone won't even know
Post by: jtw on August 20, 2012, 07:48:23 AM
Post by: CAMPMEAT on August 20, 2012, 01:16:36 PM
I didn't say call the cops, be sure to read my answer carefully before answering it or criticizing it.
You are right... You said call WDFW, but WDFW has a LE arm to it, which is how I read it. So on that one I do sincerely appologize. But even then, a pencil pusher at a state office isn't likely to be read up on ALL the laws that apply to a given situation, to include case law and court decisions.
Sometimes the chick who answers the phone won't even know
.................ain't that the truth.
Post by: jtw on August 20, 2012, 04:45:29 PM
It is illegal by federal law to possess a handgun or handgun ammo if you are under 18. I dont believe state law trumps this in any way.i looked up the law at work and theres a provision for a handgun to temporarily be transferred (be in the possession) to aminor while hunting, but they must be with a parent/ guardian or have wrotten permission from them on their person. Id link it but im on my phone. Maybe when i get home.