Rules about non res carrying handgun?

Discussion in 'Cast & Blast' started by andrew, Aug 29, 2010.

  1. To put this post to 'bed'...I just received an email from the DOL with response to my question about what I can legally do with my firearm. The following is my email and their response (which I intend to print and have stashed in my wallet!). Granted it is a brief answer, but nonetheless an answer 'I' wanted to read.


    "DOL Firearms Unit,

    I recently inherited a revolver from my grandfather, and I would like to know legally what I can do with this gun without a CPL. It is my understanding RCW 9.41.60, exceptions 8 and 9 relieve the requirement for a CPL if you are transporting the firearm in an opaque case (travel case), and are engaged in a lawful activity such as hunting or fishing.

    The gist of it, I would like to carry this firearm while I am grouse hunting in the national forest. Between my house and the forest the gun would be secured in a travel case while traveling (similar to my shotgun). I do not intend on carrying this firearm outside of hunting or in public (other than the forest).

    As stated I really just want to know what I can do ‘legally’ without a CPL.

    Sincerely,

    Andrew "



    "Andrew,

    In RCW 9.41.060 (8) allows you to carry the revolver without a CPL even during the hunting. You might check with the national park on their carry regulations. They may require you to have a CPL to carry in the national park hunting arena. If not, and you are in the state of WA then you can carry it without the CPL. Paragraph 8 covers your lawful outdoor recreational activity."

    Bruce W. Tanaka
    Firearms Unit Program Manager
    Dept. of Licensing
    Business and Professions Division
    360-664-6616
    firearms@dol.wa.gov"[/FONT]
     
  2. The key is in the use of the words "and" and "or", like you stated, as well as the statement "carry or place". Essentially, there are 3 combinations that make it legal, all of which require the concealed license and one other condition. That's why each condition is labeled separately (i, ii, and iii).

    3 options:

    CPL + pistol on the licensee's person (in the case of "carry")
    CPL + licensee in the vehicle (in the case of "place")
    CPL + licensee outside the vehicle with vehicle locked (in the case of "place")

    For Alex's interpretation to be correct, another "AND" would have to exist between conditions 1 & 2 in the description. However, this wouldn't be valid because it would present an impossible condition wherein the licensee would be required to both have the pistol on their person and have it locked within the vehicle while away; a physical impossibility. This is where the difference between "carry" and "place" becomes apparent.
     
  3. Good Sir I think there is a future for you a a Govt bureaucrat or as an Attorney.
     
  4. Andrew: well done.
     
  5. In WA State, you are not obligated to inform an officer that you are legally carrying when you are stopped . . . your CCP will "come-up" when they run your plates, so they will know. Nothing wrong with extending the courtesy of informing them, however. If the officer asks for your handgun, you are obliged to give it to them for the duration of the traffic stop, but if all is legal it will be returned. If you are carrying openly at the time and do not have a valid CCP, you would be in violation of WA State law. In other states, Utah for example, you are required to declare that you are armed. Re: "open carry" in Washington, sadly many departments have not included discussion of this right/the governing RCW in training bulletins . . . hence the reason I carry a copy in my wallet. You can't blame the officers for being cautious . . . theirs is a dangerous, difficult, and thankless job. Be courteous, cooperative, and legal.
     

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