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 Opened Carried yesterday 
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Location: (Per MadPick) Carnation WA
Joined: Tue Apr 5, 2011
Posts: 96
Quote:

What if you are my 18year old daughter with her new handgun? How do you get a CPL? Well you don't and you learn that if you are going hiking it is legal to carry loaded, concealed on her person, while driving to and from the hike.

I sincerely hope that you are not a NRA certified instructor passing out this bad information.

My credentials? I OC everyday, downtown Seattle to Vancouver, Wa...


Well, I expected this to happen and I was not quoting law per say as I was quoting information given to me by a 2nd amendment attorney based in the state of WA. The RCW clearly states that you can conceal carry to and from outdoor activities as listed. Yes, it is legal to do so. If you feel comfortable doing so, without a CPL then you do so. I was just trying to offer up circumstance from information that I recieved from this attorney. I gave the same arguement as you and he advised the same as I had in my previous post.

On my recommendation to carry a weapon, I was quoting federal law, not local state law.
Quote:
Section 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to
transport a firearm for any lawful purpose from any place where he
may lawfully possess and carry such firearm to any other place
where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment the
firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.


I will be out of town for the next few days, so feel free to continue bashing me. It will be fun to read when I get back.

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Mon Jun 27, 2011 9:14 pm
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Location: Tacoma Area
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Just in Joy,
I'm not a lawyer but the RCW is pretty plan and simple. You can have a loaded pistol in your vehicle. I have been pulled over and have had other friends stopped by LEO's. We never had any problems. I have talked to WSP, King County, WDFW, and Pierce County LEO's about this law. I always been advised to let them know that I had a loaded pistol and also state the RCW so there is no misunderstanding. This is the case if you have a CPL or not.


Mon Jun 27, 2011 10:02 pm
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Location: Shithole of Kent
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i open carried my 44 magnum on the way to & from the gun show on my Sportster sunday so i could possibly find grips for it, i kind of felt stupid doing it though.


Tue Jun 28, 2011 5:38 am
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no where in 18 USC or the RCW does it say that the weapon and ammo have to be in separate containers (just out of reach in a container). I have never had an issue with my 1911 & a loaded mag in the same container when flying or when traveling thru a restricted state.

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

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

RCW 9.41.060 - Exceptions to restrictions on carrying firearms.
The provisions of RCW 9.41.050 shall not apply to:
(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


Tue Jun 28, 2011 6:51 pm
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M1Gunr wrote:
no where in 18 USC or the RCW does it say that the weapon and ammo have to be in separate containers (just out of reach in a container). I have never had an issue with my 1911 & a loaded mag in the same container when flying or when traveling thru a restricted state.


Might wanna ask Homeland Security about that one. I was told SPECIFICALLY my ammo had to be separate from the weapon, per Homeland Security. Butthole TSA inspector even visually checked for ammo when he inspected my rifle case.

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Tue Jun 28, 2011 7:07 pm
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so when you get to your car you take your pistol out of the holster and unload the chamber? do you park in a spot where no one can see you? Doesn't that sound bad to anyone else. [-x public display. get your darn papers!


Tue Jun 28, 2011 9:31 pm
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waterfowlwoody wrote:
so when you get to your car you take your pistol out of the holster and unload the chamber? do you park in a spot where no one can see you? Doesn't that sound bad to anyone else. [-x public display. get your darn papers!



you almost have it there when i get to my car I get in my car and un-holster and clear my pistol and vis versa for getting out. everything I do is in my car unless I am at home I can do what I want on my property even carry concealed if I want to per the laws. but I do not un-holster until I am in my vehicle

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Tue Jun 28, 2011 9:41 pm
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Location: Tacoma Area
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Why is everyone so confuse about the law. You can have a loaded pistol in your vehicle. You can travel with it loaded. Why unload and separate. Please read the following RCW and print a copy out and carry it with you.
Remember that the law says “such as” and “traveling to and from”. An outdoor recreation activity can cover a lot of things.
If you have a CPL you don’t have to worry about this law and you can carry almost anytime.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.
(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;


Wed Jun 29, 2011 11:07 am
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SigSaur wrote:
Quote:

What if you are my 18year old daughter with her new handgun? How do you get a CPL? Well you don't and you learn that if you are going hiking it is legal to carry loaded, concealed on her person, while driving to and from the hike.

I sincerely hope that you are not a NRA certified instructor passing out this bad information.

My credentials? I OC everyday, downtown Seattle to Vancouver, Wa...


Well, I expected this to happen and I was not quoting law per say as I was quoting information given to me by a 2nd amendment attorney based in the state of WA. The RCW clearly states that you can conceal carry to and from outdoor activities as listed. Yes, it is legal to do so. If you feel comfortable doing so, without a CPL then you do so. I was just trying to offer up circumstance from information that I recieved from this attorney. I gave the same arguement as you and he advised the same as I had in my previous post.

On my recommendation to carry a weapon, I was quoting federal law, not local state law.
Quote:
Section 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to
transport a firearm for any lawful purpose from any place where he
may lawfully possess and carry such firearm to any other place
where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment the
firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.


I will be out of town for the next few days, so feel free to continue bashing me. It will be fun to read when I get back.


No bashing. I just choose to cite the actual law and not take the advice of some 'attorney' that some guy on the internet told me about. Ask 5 attorney's the same question and you will get 10 different answers. Read the law yourself. Read the appropriate court cases. Casad v State. Spencer v State. Seiyes v State. Read the Attorney General's opinion (AGO#8) and you will understand that it is legal.

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Wed Jun 29, 2011 4:08 pm
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Location: (Per MadPick) Carnation WA
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gogodawgs wrote:

No bashing. I just choose to cite the actual law and not take the advice of some 'attorney' that some guy on the internet told me about. Ask 5 attorney's the same question and you will get 10 different answers. Read the law yourself. Read the appropriate court cases. Casad v State. Spencer v State. Seiyes v State. Read the Attorney General's opinion (AGO#8) and you will understand that it is legal.


Just got home last night so I have had a bit of time to review.

Your comment about being a "NRA Certified instructor passing out bad information", I took as personal bashing. If it was not meant that way, I apologize for the comment.

To clarify, about three weeks ago, I was at workign on another NRA certification and taking a class on home defense. The class was and NRA sponsored class. There was a speaker who was the attorney in the aforementioned comments. I specifically asked about the RCW in question and even asked the instructor who agreed with the attorney. Whether this is all NRA or just this class, I was lead to believe this was the NRA standard way of thinking. To clarify, the discussion was specific to concealed carry without a CPL as it relates to RCW 9.41.060 - Exceptions to restrictions on carrying firearms.

On that note, my official training, prior to the NRA led me to understand about the need to carry ammo seperately from the weapon. A few years ago, I attempted to get a better understanding of carry as it pertained to an unloaded or loaded weapon. It was my understanding at the time that my formal Military LE training was one in the same. Was I wrong in my recomendation, possibly. Was I wrong trying to err on the side of caution, I dont think so. Its always safer to err on the side of caution then it is to toe the line of the legal system. I will still recommend that everyone who plans on carrying a concealed weapon full time or part time, to go get a CPL. I will still recommend that others do not carry until they do so. As with any legal system, any amendments/exceptions are open for interpretation and all it takes is one cop with a bad day or mis information to ruin yours, Its not different then the guy here in our forums, who recently was detained and nearly molested for Open Carry at a Starbucks Coffee near or in the Renton area. Dont take any chances, just get your CPL and be done with it. Thats all I was trying to convey.

Thanks for the many quoted responses and legal posts and opinions. Though, it did not change my opinion on concealed carry it did help clarify some other comments made.

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Fri Jul 01, 2011 2:28 pm
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SigSaur wrote:
Its not different then the guy here in our forums, who recently was detained and nearly molested for Open Carry at a Starbucks Coffee near or in the Renton area. Dont take any chances, just get your CPL and be done with it. Thats all I was trying to convey.


Ahhh, but Tom wasn't doing anything wrong. There was no grey area, no amendments or exceptions to be in a grey area. The responding LEO was wrong, WAY wrong. That issue was black and white.


Fri Jul 01, 2011 2:39 pm
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Massivedesign wrote:
SigSaur wrote:
Its not different then the guy here in our forums, who recently was detained and nearly molested for Open Carry at a Starbucks Coffee near or in the Renton area. Dont take any chances, just get your CPL and be done with it. Thats all I was trying to convey.


Ahhh, but Tom wasn't doing anything wrong. There was no grey area, no amendments or exceptions to be in a grey area. The responding LEO was wrong, WAY wrong. That issue was black and white.


I'm a big proponent of getting your CPL, regardless of whether you intend to open-carry or not. JUST DO IT.

However, I have to agree with Dan: Tom was clearly in the right, and handled the situation well. The problem wasn't that he didn't show a CPL, the problem was the officers.

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Fri Jul 01, 2011 2:41 pm
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Well today I decided to carry open again this day was different but I was greated by a LEO that new the Laws and was cool about it he came up to me hey hows it going I replied good how are you. I said let me guess someone asked you to come by? with a Laugh how did you know! Aww One wild guess lol we Bs'd for a while we talked about my xd and how he has to carry an HK and wants his glock back then BS'd somemore he left I offered my ID.... ( I know the Radicals don't like to give up ID's But I could care less a LEO comes at me like that I want to make his job less of a Pain then it needs to be) he declined and stated I have no problem with you carring open and LIKED that I am! as a LAW ABIDING CITIZEN, but he wants to make everyone Happy and check when asked! not a Problem fished he came back by a few more times to check on how the fishing was and was cool! People are I think more amazed then scared I had people ask how can they do that I told them learn gun safety first then learn how to shoot then get a holster that you can secure the fire arm read the laws and understand them and carry until your hearts content! today I will give a rateing of 8 would be a 10 if I caught something other than a Perch. LEO as a cool guy that supports the rights as long as the Law is being abided by.

Mad I am still going to get my CPL I should do that Thursday lol

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better to ask the wife for forgiveness than ask for permission! rule 1 for a good husband lol

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Sun Jul 03, 2011 9:23 pm
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Just in joy wrote:
Mad I am still going to get my CPL I should do that Thursday lol


Damn, you can always predict what I'm thinking when I read your posts . . . . :lol:

That's a great OC story. It's nice that you got your cherry popped by one of the cool and educated officers!

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Mon Jul 04, 2011 7:06 am
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I want a shirt that says " Jesus open carried"
You can't argue with Jesus!!

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Mon Jul 04, 2011 11:30 am
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