Looking for info on open carry in the state of Washington. Have already applied for my CPL, but for camping/hiking/fishing and general outdoors activities, concealing isn't always practical. Just looking for some info. I already know it is not legal to carry while hunting unless you're hunting with it. (2004-05 hunting regs pamphlet). Anyway, help would be great. Especially if someone could give me a law to reference the info. Thanks a lot guys and girls.
Open carry in Washington
- Thread starter 38splfan
- Start date
See http://www.packing.org/ for those details and many more.
38splfan ~
The firearms laws are found at RCW 9.41
There are other laws hidden in the hunting regs -- not sure the ref number for those off the top of my head, but as mvpel says, the folks at www.packing.org will know.
Open carry is not specifically legal in the state. The statutory language is a little ambiguous, but it was intended to outlaw open carry in the cities while still allowing it in the less populous parts of the state. Here's the language, from RCW 9.41.270:
On the other hand, if you're carrying out in the woods, it is very very unlikely that the alarmed person will find anyone to agree that her alarm about you was warranted, and you should be okay.
Here's the rest of the same statute, FYI:
Dunno what to tell you about the game laws; I know they affect this too.
pax
The firearms laws are found at RCW 9.41
There are other laws hidden in the hunting regs -- not sure the ref number for those off the top of my head, but as mvpel says, the folks at www.packing.org will know.
Open carry is not specifically legal in the state. The statutory language is a little ambiguous, but it was intended to outlaw open carry in the cities while still allowing it in the less populous parts of the state. Here's the language, from RCW 9.41.270:
The sting is in the very last clause: "that warrants alarm for the safety of other persons." If you open carry in public, and someone is alarmed by that, and they find a policeman to agree with them that their alarm was "warranted," you're SOL right there.
On the other hand, if you're carrying out in the woods, it is very very unlikely that the alarmed person will find anyone to agree that her alarm about you was warranted, and you should be okay.
Here's the rest of the same statute, FYI:
So you can open carry in your own home or at your place of business and it doesn't matter who gets alarmed by it. And you can pull out your gun to defend yourself without running afoul of the law.
Dunno what to tell you about the game laws; I know they affect this too.
pax
Fred Hansen
New member
The game laws can be found in R.C.W. (Revised Code of Washington) 77. Don't forget all of the W.A.C. (Washington Administration Code) gibberish to go with it.
Pax is right on the money with regard to open carry here. The law is written so that determination of when open carry is legal is subjective rather than objective.
Thanks guys.
Not planning on packing to the mall open, just looking for the general info. I am fairly familiar with packing.org. great site, just needed some folks to clear up some of the legal double speak and get a few different interperatations. Most likely my only open carry will be camping/fishing and late night dog walking. Thanks very much guys. Shoot safe.
Not planning on packing to the mall open, just looking for the general info. I am fairly familiar with packing.org. great site, just needed some folks to clear up some of the legal double speak and get a few different interperatations. Most likely my only open carry will be camping/fishing and late night dog walking. Thanks very much guys. Shoot safe.
See my web page. It has a link to State v. Spencer, apperently the only case to ever be decided by the WA Supreme Court regarding open carry.
As far as the Fish and Wildlife rules go, there are no RCWs or WACs that address open carry of a handgun at all. The RCWs were referenced above. The WACs to read are 232-12 and 220. I've open carried pistols in the presence of state and federal game officers in WA many times, and it was never an issue.
As far as the Fish and Wildlife rules go, there are no RCWs or WACs that address open carry of a handgun at all. The RCWs were referenced above. The WACs to read are 232-12 and 220. I've open carried pistols in the presence of state and federal game officers in WA many times, and it was never an issue.
Dean F, here it is.
(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
RCW 9.41.050
This concerns carrying without a liscence, under the "exceptions to license" section.
Seems to say if you aren't hunting with it, don't take it hunting. NOt sure what the defense inplications are. Will look further. Thanks for the hint though. You've really been a big help.
(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
RCW 9.41.050
This concerns carrying without a liscence, under the "exceptions to license" section.
Seems to say if you aren't hunting with it, don't take it hunting. NOt sure what the defense inplications are. Will look further. Thanks for the hint though. You've really been a big help.
Hmm. I can't say that I agree with your interpretation. If you read 9.41.050, you will see that the thrust of the RCW is that you can't carry a handgun concealed without a concealed pistol license.
9.41.060 lists the exceptions to 9.41.050. My read is that it says that if you're hunting, or if you're fishing, or if you're hiking, or if you're horseback riding, or if you're on your way to or from any of those activities, or any other " lawful outdoor recreational activity", then you can carry a concealed handgun without the need for a concealed pistol license.
9.41.060 lists the exceptions to 9.41.050. My read is that it says that if you're hunting, or if you're fishing, or if you're hiking, or if you're horseback riding, or if you're on your way to or from any of those activities, or any other " lawful outdoor recreational activity", then you can carry a concealed handgun without the need for a concealed pistol license.
PsychoSword
Moderator
Sounds like my state, the weirdest of weirdness. No open carry here.....unless you have a concealed weapons permit....then you can open carry all you want....
Truth is stranger than fiction.
Marty Hayes
New member
My advise, (for what it is worth), is get a fanny pack and stick the pistol in the fanny pack when hiking, camping, etc. There is no good argument to open carry. Fanny pack can also contain any hunting or fishing licenses, drivers license, flashlight or emergency M+M's.
That makes sense.
Dean,
Seems your interperetation makes a bit more sense than mine. I've just always erred on the side of legal caution. Especially here where gun owners are second only to baby rapists in terms of unpopularity. (And the baby rapists seem to have it better
)
It shouldn't matter. I suppose that the best bet would be to just carry it concealed. It seems that, while legal, it just isn't worth the attention. Thanks for the info. I appreciate it and you've helped quite a bit.
Dean,
Seems your interperetation makes a bit more sense than mine. I've just always erred on the side of legal caution. Especially here where gun owners are second only to baby rapists in terms of unpopularity. (And the baby rapists seem to have it better
)It shouldn't matter. I suppose that the best bet would be to just carry it concealed. It seems that, while legal, it just isn't worth the attention. Thanks for the info. I appreciate it and you've helped quite a bit.
Gotta admit....
...we do have it better than a lot of states here in WA. It's just that living in an urban center like Tacoma is new to me. I'm originally from west Tennessee and am used to being able to go shoot in my backyard, carry to church, and have ammo available at the gas station. Guns were a way of life there, not a politically incorrect anachronism for people ot fear. It seems that here you go on the most wanted list just for talking about guns too loudly. Especially in Tacoma. Everyone here is very anxious to turn it into a "mainstream urban center". I really hate it for you guys in places like Wisconsin and Illinois, where I hear there's a lot of hassle even for long guns. One day I suppose people will be more supportive of gun rights, but by then it will probably be too late.
Thanks for the help guys, I really appreciate you all.
...we do have it better than a lot of states here in WA. It's just that living in an urban center like Tacoma is new to me. I'm originally from west Tennessee and am used to being able to go shoot in my backyard, carry to church, and have ammo available at the gas station. Guns were a way of life there, not a politically incorrect anachronism for people ot fear. It seems that here you go on the most wanted list just for talking about guns too loudly. Especially in Tacoma. Everyone here is very anxious to turn it into a "mainstream urban center". I really hate it for you guys in places like Wisconsin and Illinois, where I hear there's a lot of hassle even for long guns. One day I suppose people will be more supportive of gun rights, but by then it will probably be too late.
Thanks for the help guys, I really appreciate you all.