Carrying firearms while fishing

Discussion in 'Fly Fishing Forum' started by Steve Vaughn, Nov 4, 2010.

  1. Luke77

    Luke77 I hope she likes whitefish

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    Kerry, this is not talking about carrying concealed...this is talking about carrying a firearm; period.

    If you conceal under your waders and don't have a permit you are breaking the law.
     
  2. stewart dee

    stewart dee Guest

    Rare I carry, the piece just gets wet anyway. I would rather run into a tweaker and hand out an ass beating.
     
  3. KerryS

    KerryS Ignored Member

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    Read both RCWs. The first (9.41.0.50) deals with carrying a concealed firearm. The second (9.41.060) are exceptions to the first.


    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.





    --------------------------------------------------------------------------------
    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, 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.
     
  4. Luke77

    Luke77 I hope she likes whitefish

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    Upon further review, by God, I think you're right Kerry.

    I sent this to a buddy of mine (Lt. of a PD) for his take...stand by for his interpretation.



    ETA:
    Yep, he said that's how it reads. Good eye Kerry!
     
  5. Dustin Bise

    Dustin Bise Active Member

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    hmm maybe its time to get a gun.
     
  6. tythetier

    tythetier Fish Slayer

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    They will get you on open carry if they want to. I have a good friend that is in a bit of trouble because some cops saw his gun, didnt like it, told him to cover it up, but he said he had the right to wear it in the open. He was doing nothing wrong, just waiting for a friend in a parking lot. He didnt even know the police were around.... And had he not had a CWP and put his jacket over it, they could of gotten him on that... But right now, he is looking at five days in lock up, and some community service time....
    He has that done easily, he is a snowboard instructor with the Special Olympics in Cheney, WA, but he is not looking forward to the five days in County... Right now his new attorney is building a case for an appeal.
     
  7. stewart dee

    stewart dee Guest

    What the hell are going to do if you pull the friggin thing? Shot someone? I doubt that. Go to jail forever - good chance. Besides do you know the rules and procedure if you pull a gun on someone? Better have a good reason - back them down and BE THE FIRST TO CALL THE POLICE, You need to be out numbered or out sized, then you need to decide to follow the rules and aim for a place to stop without a kill (that means jail and a lawsuit) . You are far better off just to use your pimp hand and slap a bitch.
     
  8. tkww

    tkww Member

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    To answer one of the original questions: I would look into a small stainless revolver. They are reliable and can be had relatively inexpensively. The cheap ones won't have as nice a trigger or fit/finish compared to the ones that cost 2x or 3x as much, but they are pretty darn reliable for the money. They're also about as simple as it gets to operate. Personally I would get a .357 mag. You can practice with .38s, and you can get a huge range of 38+p or .357 for serious work. Heavy solids or hardcasts would offer considerable penetration in the case of a bear or cougar. Any number of hollowpoints are available for other situations. If you want to spend some money you can get them in "titaniam" or "airweight" or whatever marketing term they come up with. They're considerably(!!!!) lighter in some cases. That makes them a lot less fun to shoot (which unfortunately can discourage practice), but a lot more enjoyable to carry.
     
  9. Jim Ficklin

    Jim Ficklin Genuine Montana Fossil

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    1) Very common with me.
    2) Same reasons for carrying anywhere else where you are legal to do so . . . protection from serious threat (at 62, my "bitch slap" has lost some effectiveness & running is no longer a viable option).
    3) I'd look for something in stainless or alloy, .38 or larger; something you can shoot; practice to gain proficiency; learn the laws & obtain a CWP & training. My personal preference is a stainless 1911 unless weight is a factor, then I go to an alloy revolver in .357. Unfortunately, dire events aren't planned by the intended victims . . . no more than flat tires, fires, or injuries are but I also carry a jack & spare; have fire extinguishers & insurance; carry first aid kits & have more insurance. Where bear encounters were a concern, my choice was a short-barreled 12-gauge loaded with slugs; a .45/70 lever gun would be another sound option. And as Gary said, "Join the NRA."
     
  10. Keith Hixson

    Keith Hixson Active Member

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    I'm a hunter and gun owner but I never carry a weapon when I'm fly fishing. Once I was challenged by a gear fisherman but he had a little too much and was jealous because I was catching fish and he wasn't. But I never carry a firearm while fishing. I would in Alaska where the Brown Bears roam.
     
  11. Steve Saville

    Steve Saville Active Member

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    I don't carry because I've seen what a gun can do up close and personal. I wonder how many of you guys have. I think a lot of guys who carry do it because it looks "good". If you're afraid to go there then stay home. If you're going to carry, then you'd better be prepared to use it and suffer the consequences after.
     
  12. Rod Wittner

    Rod Wittner Active Member

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    Jim, you could not have made more sense. Besides, it's not a very good idea to show up to a gun fight with nothing more than clenched fists. You may find yourself dead and the tweaker never to be found.

    Protect the 2nd Amendment. Join the NRA.
     
  13. slupot

    slupot New Member

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    Pimp slap an angry bear and get mauled, or you can just shoot near it and it will run away. As for shooting people, that is obviously the last resort, when your life in immediate danger, and other forms of deterent do not work, like pimp slapping, or avoiding the situation entirely. Carrying may come in handy if you get lost, or stranded hiking into remote places to fish, and could help you obtain food in these situations. Most law abiding people who carry firearms are not the ones causing the problems people associate with firearms.
     
  14. DLoop

    DLoop Creating memories one cast at a time

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    Deleted
     
  15. wet line

    wet line New Member

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    Steve,

    I know exactly what you are saying and I think a lot of people don't.

    It is one thing to shoot a critter but it is an entirly different emotional thing to pull the trigger on a human!!

    You can all be macho dudes but if you haven't done it YOU don't know what the baggage you will acquire constitutes.

    Dave