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Big Game Hunting => Bow Hunting => Topic started by: bowhunter851 on August 09, 2011, 03:43:59 PM


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Title: pistol
Post by: bowhunter851 on August 09, 2011, 03:43:59 PM
i plan on trying to get a bear this wknd with a stick and string....im 18 can i still pack a pistol with me just in case..even though im not 21??
Title: Re: pistol
Post by: Kain on August 09, 2011, 04:10:36 PM
Yes I believe it is totally legal.  I also believe it is even legal for you to conceal it while hunting.


http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.042 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.042)

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050)

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060)
Title: Re: pistol
Post by: bowhunter851 on August 09, 2011, 04:14:39 PM
yep sounds like ur right thanks alot man...
Title: Re: pistol
Post by: huntinguy on August 09, 2011, 04:26:14 PM
might want to check with more than just the game department...

I was told that a minor can have a handgun when in the field while hunting, if it is a legal hunting weapon. Considering you are bow hunting it would then not be a hunting weapon, you can not use it for hunting, the law that lets a person carry concealed while hunting with a bow or muzzle loader is part of the CCW laws, for self defense, of Washington that carry over to the game laws not a game law per se. Also, I was told that the minor hunting with a handgun must have it exposed.

Also, being under 21 you can not have a handgun in your vehicle unless you are accompanied by someone 21 or over. You can only possess it in the hunting area. The road to and from is not part of the hunting area and you have just violated the law.

At least that is what in understood the game warden to say when I asked him last year. The bold points were very stressed in our conversation.

BTW, most game wardens carry multiple commissions so you might want to check with the state and the county you are hunting in.

Considering bear is not a weapon choice hunt.... if it is a legal hunting arm.... maybe.... you might be okay. with the aforementioned provisions.

Title: Re: pistol
Post by: adamR on August 09, 2011, 04:29:03 PM
I think you better contact someone in the enforcement world, but I don't think you can carry it, section 4 to me means you can't carry a firearm if it's against state or federal law, which a person under 21 carrying a firearm is against the law

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.

Title: Re: pistol
Post by: bowhunter851 on August 09, 2011, 04:38:01 PM
yeah im gonna call around..just to double check
Title: Re: pistol
Post by: bowhunter851 on August 09, 2011, 04:39:37 PM
yeah im gonna call around..just to double check
or im just gonna get some bear pepper spray seems like a easier solution
Title: Re: pistol
Post by: carpsniperg2 on August 09, 2011, 05:03:55 PM
yeah im gonna call around..just to double check
or im just gonna get some bear pepper spray seems like a easier solution

 :chuckle: all you are going to do with spray is add a little pepper to his meal lol go with the gun over the spray.
Title: Re: pistol
Post by: RadSav on August 09, 2011, 07:42:03 PM
Problem with spray is most guys get themselves as well.  I bet it slows you down more than it does the bear.  Would rather you throw a smooth bore or lever gun in the pack.  You will only need the protection when blood trailing anyway.  Or if you hear banjo music :o.
Title: Re: pistol
Post by: 300rum on August 09, 2011, 08:32:03 PM
I don't believe this is the whole RCW.  I will check

I think you better contact someone in the enforcement world, but I don't think you can carry it, section 4 to me means you can't carry a firearm if it's against state or federal law, which a person under 21 carrying a firearm is against the law

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.
Title: Re: pistol
Post by: 300rum on August 09, 2011, 08:33:25 PM


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.]
Title: Re: pistol
Post by: 300rum on August 09, 2011, 08:35:31 PM
Number 8 may be of interest.......

RCW 9.41.060

Exceptions to restrictions on carrying firearms.
 




     *** CHANGE IN 2011 *** (SEE 1041-S.SL) ***

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.



[2005 c 453 § 3; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]
Title: Re: pistol
Post by: 300rum on August 09, 2011, 08:38:54 PM
Kain did it the easy way.  I suppose when I was about 10 to 21, there never was a time I either wasn't coming from or going Hunting/Fishing.   :hello:
Title: Re: pistol
Post by: huntinguy on August 09, 2011, 09:07:58 PM
this doesn't all fit with what the guy in green said but..... I still believe concealed is a no no without a permit. I know Washington is an open carry state... but... don't let your coat cover your gun or you are had.

RCW 9.41.240
Possession of pistol by person from eighteen to twenty-one.
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

     (1) In the person's place of abode;

     (2) At the person's fixed place of business; or

     (3) On real property under his or her control.
[1994 sp.s. c 7 § 423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67 § 1; RRS § 2560.]
Notes:
     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.

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.

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.
[2003 c 53 § 28; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS § 2516-5.]
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.
     Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.
 
    *** CHANGE IN 2011 *** (SEE 1041-S.SL) ***

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.
[2005 c 453 § 3; 1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]
Notes:
     Severability -- 2005 c 453: See note following RCW 9.41.040.
     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.

Title: Re: pistol
Post by: huntinguy on August 09, 2011, 09:12:18 PM
Kain did it the easy way.  I suppose when I was about 10 to 21, there never was a time I either wasn't coming from or going Hunting/Fishing.   :hello:

 :yeah:
 that would explain the shotgun under my back seat for all those years.  :IBCOOL:
Title: Re: pistol
Post by: 300rum on August 09, 2011, 09:20:03 PM
The way I read it, the exception is that if you are hunting/fishing/hiking or traveling to or from any of those legitmate activities, as stateted in the RCW, you can carry concealed witout a CPL.  I doubt that most gentlemen in green have a clue about the RCW as it is written and the exception.  The exception is the same as an off duty LEO, which is quite interesting in and of itself.  We are pretty fortunate that the RCW's are quite clear in this case.
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