Washington State Frequently Asked Questions About Open Carry

[movingviolation]

one more question - is there much difference between IWB and OWB holsters as far as the "openness" concept goes?

 

[Bill Starks]

There is no law that says a OWB has to be used and I know of some who use the IWB. Most will say that if you can see that it is a firearm then it's OC. If it's questionable consider it CC.

 

[Bill Starks]

Amtrak Update (as of 12/15/2010 weapons are allowed in checked baggage)

What if you wanted to CC your weapon?

If there is nothing Prohibiting such Conduct..., then, it is Safe to assume such Conduct Legal. However, Federal Law, Enumerated under TITLE 18 PART I CHAPTER 97 § 1992, states: § 1992(7) Commits an Act, Including the USE of a Dangerous Weapon, with the Intent to cause Death or Serious Bodily Injury to any Person who is on Property described in SubParagraph (A) or (B) of Paragraph (4);
Under Federal Law, the USE of Firearms with such INTENT is what is ILLEGAL, not just having them. Under Federal Law 18 U.S.C. 930, Trains, including Amtrak, do NOT qualify as Federal Facilities, because Amtrak employees are NOT federal Employees. If found to be carrying you more than likely would have to disembark at the next stop.

 

[gogodawgs]

Amtrak Update (as of 12/15/2010 weapons are allowed in checked baggage)

What if you wanted to CC your weapon?

If there is nothing Prohibiting such Conduct..., then, it is Safe to assume such Conduct Legal. However, Federal Law, Enumerated under TITLE 18 PART I CHAPTER 97 § 1992, states: § 1992(7) Commits an Act, Including the USE of a Dangerous Weapon, with the Intent to cause Death or Serious Bodily Injury to any Person who is on Property described in SubParagraph (A) or (B) of Paragraph (4);
Under Federal Law, the USE of Firearms with such INTENT is what is ILLEGAL, not just having them. Under Federal Law 18 U.S.C. 930, Trains, including Amtrak, do NOT qualify as Federal Facilities, because Amtrak employees are NOT federal Employees.If found to be carrying you more than likely would have to disembark at the next stop.

Concealed is Concealed.

 

[Bill Starks]

Concealed is Concealed.

Yup.... and has worked for my travels in WA.

 

[FMCDH]

Yup.... and has worked for my travels in WA.

Same here.

What the sheep types don't know wont hurt their delicate sensibilities.

 

[Eurobyrail]

Re: Open Carry - Clarification

Hello,

I am a recent owner of a handgun in Washington.

So it is to my conclusion after what I have read that you CAN carry a weapon i.e. handgun as long as its within plain site even if you dont have a CWP? If so can it be loaded?

Also does this also hold in state parks? I go hiking and I want to carry for piece of mind and safety.

I appreciate any feedback and want to bide by state law.

Thanks!

 

[Grapeshot]

Hello,

I am a recent owner of a handgun in Washington.

So it is to my conclusion after what I have read that you CAN carry a weapon i.e. handgun as long as its within plain site even if you dont have a CWP? If so can it be loaded?

Also does this also hold in state parks? I go hiking and I want to carry for piece of mind and safety.

I appreciate any feedback and want to bide by state law.

Thanks!

As a starting point, read this and follow the links.
http://www.opencarry.org/wa.html

 

[FMCDH]

As a starting point, read this and follow the links.
http://www.opencarry.org/wa.html

What he said ^

And welcome to the forum Eurobyrail.

 

[Deleted_User]

Welcome to OCDO!

Hello,

I am a recent owner of a handgun in Washington.

So it is to my conclusion after what I have read that you CAN carry a weapon i.e. handgun as long as its within plain site even if you dont have a CWP? If so can it be loaded?

Also does this also hold in state parks? I go hiking and I want to carry for piece of mind and safety.

I appreciate any feedback and want to (a)bide by state law.

Thanks!

If you are hiking, check out RCW 9.41.060 for carrying concealed during your legal outdoor activity, if you desire to do so.

Aside from that, the above info is currect imho. Welcome to OCDO! You'll learn much here from this group!

 

[DevinWKuska]

I have a question regarding OC or CC of the Taurus Judge. This handgun boasts the abiltiy to use .410 shotgun shells. when loaded with shotshells wouldnt this be a violation of RCW 9.14.220? I suspect with a barrel length of 3" it would be consdidered short barreled?

http://en.wikipedia.org/wiki/Taurus_Judge

RCW 9.41.220
Unlawful firearms and parts contraband.

All machine guns, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgunor short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.

 

[Grapeshot]

I have a question regarding OC or CC of the Taurus Judge. This handgun boasts the abiltiy to use .410 shotgun shells. when loaded with shotshells wouldnt this be a violation of RCW 9.14.220? I suspect with a barrel length of 3" it would be consdidered short barreled?

http://en.wikipedia.org/wiki/Taurus_Judge

RCW 9.41.220
Unlawful firearms and parts contraband.

All machine guns, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgunor short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.

Without having the benefit of specific statute, I would still opine not. I don't believe that the type of shot would define the gun i.e. rat/snake shot loads do not change a S & W model 66 .38 cal revolver into a shotgun.

 

[ak56]

I have a question regarding OC or CC of the Taurus Judge. This handgun boasts the abiltiy to use .410 shotgun shells. when loaded with shotshells wouldnt this be a violation of RCW 9.14.220? I suspect with a barrel length of 3" it would be consdidered short barreled?

http://en.wikipedia.org/wiki/Taurus_Judge

RCW 9.41.220
Unlawful firearms and parts contraband.

All machine guns, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgunor short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.

Without having the benefit of specific statute, I would still opine not. I don't believe that the type of shot would define the gun i.e. rat/snake shot loads do not change a S & W model 66 .38 cal revolver into a shotgun.

No.

RCW 9.41.010: Terms defined
(18) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

(19) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

 

[DevinWKuska]

Can u OC in a liqour store? I am thinking not since minors are not allowed(or maybe not allowed without an adult). But someone posted they had done so. Got me gears grinding into motion again...

 

[FMCDH]

Can u OC in a liqour store? I am thinking not since minors are not allowed(or maybe not allowed without an adult). But someone posted they had done so. Got me gears grinding into motion again...

Yes, because the liquor is not consumable on the premises.
http://apps.leg.wa.gov/rcw/default.aspx?cite=66.16.070

YES minors can go in when accompanied by an adult 21+
Edit to add: Ok, I cant find anywhere in the laws where a minor can or cant enter state liquor stores. I know it happens as I have seen parents bring their kids in with them without protest from the clerks, so I am going on a best guess on this one.

 

[BigDave]

Yes, because the liquor is not consumable on the premises.
http://apps.leg.wa.gov/rcw/default.aspx?cite=66.16.070

YES minors can go in when accompanied by an adult 21+
Edit to add: Ok, I cant find anywhere in the laws where a minor can or cant enter state liquor stores. I know it happens as I have seen parents bring their kids in with them without protest from the clerks, so I am going on a best guess on this one.

The only place I know where speaks to a child not being allowed by law on the premises is posted by state liquor control board.

RCW 9.41.300 Weapons prohibited in certain places
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or

 

[FMCDH]

The only place I know where speaks to a child not being allowed by law on the premises is posted by state liquor control board.

RCW 9.41.300 Weapons prohibited in certain places
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or

Ahh!

Found this...
http://apps.leg.wa.gov/rcw/default.aspx?cite=66.44.310

Make sure to read the linked exceptions in (1)

Another interesting read... I see no mention of these provisions applying to State Liquor Stores.
http://liq.wa.gov/publications/OnPremiseslicenseehandbook.pdf

 

[FMCDH]

And last but not least...

An archived thread that discusses this back from 2007 that seems to support my initial assumption.

http://forum.opencarry.org/forums/archive/index.php/t-38087.html

 

[Bill Starks]

Can u OC in a liqour store? I am thinking not since minors are not allowed(or maybe not allowed without an adult). But someone posted they had done so. Got me gears grinding into motion again...

How about the answer from the District Manager himself: (Which is Yes as of Aug 2008)
http://forum.nwcdl.org/index.php?action=downloads;sa=view;down=49

<snip>
I’m responding to your concern regarding a recent shopping experience at our
retail store # 122 at 72nd and Pacific Avenue in Tacoma. I have reviewed the
incident as described and it appears that while you were shopping, a customer
initially noticed your firearm and commented that you were not allowed to have
one in the store. Our store employees overheard this and supported that you
were not allowed to carry while the store. Upon reviewing the signs posted in the
store; I have determined that the signs were meant to be advisory for our staff
and not for our retail customers. Our store employees were misinformed about
the intent of the sign and I have authorized their removal.

 

[Trigger Dr]

Washington DOES NOT have a Stop and ID statute. There must be a Reasonable Articuable Suspicion that a person
1. Has committed a crime
2. Is about to commit a crime
3. Is in the process of commtting a crime
In the absence of one of these, the stop is pretentious and unlawful