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Where
can I carry in Washington?
Washington
State follows british legal tradition, which states that anything
that is not proscribed as unlawful is lawful. So the real
question is where can you NOT carry in Washington.
There are four main state statutes that one must be cognizant
of: RCW
9.41.050 (Carrying Firearms), RCW
9.41.280 (Carry on School Grounds), RCW
9.41.300 (Weapons Prohibited in Certain Places), and RCW
70.108.150 (Firearms in Outdoor Music Festivals). It is
your responsibility to read and understand the definitions
and exceptions in the law.
RCW
9.41.050 is the primary law which affects gun carrying
on a day to day basis. This law makes it unlawful for one
to conceal a pistol without a concealed pistol license (hereinafter
called CPL), and also makes it unlawful for one to carry a
loaded pistol in any vehicle, whether it be openly carried
or concealed carried unless a person has a valid CPL. Loaded
is defined as having ammunition inside of the gun itself (round
in the chamber, magazine inserted with ammunition into semi-auto,
ammunition in cylinder for revolvers).
Localities may also prohibit the carrying of handguns in the
stadiums and convention centers that they operate, however
they MUST exempt those who possess a concealed pistol license.
There are also federal statutes you must be cognizant of:
A.) 18USC922(q),
which prohibit the carrying of a handgun within 1000 feet
of a school unless you are licensed to carry or meet another
exemption to this law.
B.) 18USC930,
which prohibit the carrying of firearms in any "federal
facility" or any "federal court facility".
Because of the possible myriad legal issues that may arise,
in terms of the possible accusation of concealment, carrying
in one's car, as well as 18USC922(q),
it is highly recommended that any person who open carries
in the State of Washington acquire a CPL.
How
do I acquire a CPL?
If you are a resident of Washington, it depends on whether
or not you live in a city. If you live in an incorporated
city, you can apply either to your city police department,
or your county sheriff. If you live in unincorporated territory,
you must apply to the sheriff only. They have 30 days to issue
or deny a license.
If you are NOT a resident of Washington State, you may apply
to any jurisdiction that you choose.
If you do not possess a Washington Drivers License, Washington
State ID, or have proof that you've been a resident of Washington
for at least 90 days (such as a utility bill), the issuer
may take up to 60 days to issue.
The license cost is currently $36 dollars plus the FBI fingerprint
check fee (currently $19.25), which adds up to $55.25. A Washington
State CPL is valid for 5 years. Renewing the license costs
$32, and a late renewal (within 90 days of expiration) is
$42. If a renewal is more than 90 days late, it must be filed
as a new application.
We understand that there is some substantial compliance issues
with the police departments in accepting applications during
normal business hours. This is statutorily unlawful, however
this has not been challenged. We do not know of any sheriffs
office that is currently restricting the application times
for CPL's, and we recommend going to the Sheriff's office
if you have any issues with your police department.
If you are a non-citizen of the United States (such as a permanent
resident alien), you must have an Alien Firearms License to
apply for a CPL. An AFL is required to even possess a firearm
in Washington, however these are not currently issued by the
Department of Licensing.
Washington also has a reciprocity law for non-residents of
the state. For an updated list, please refer to:
http://www.atg.wa.gov/page.aspx?id=7772
Of the states listed, the State of Utah is the only state
which issues entirely by mail. Please go to Utah BCI at:
http://des.utah.gov/bci/concealedfirearms.html
SOURCE: RCW
9.41.070, RCW
9.41.073
What
is "Warranting alarm", why do people (firearms instructors,
police officers, gun shop employees) say that this law makes
it illegal to open carry?
This law, codified in 1969 as RCW
9.41.270, was passed in light of the intimidating actions
of the Black Panther Party in both the State of California
and in Seattle. Analysis of the legislative intent behind
the bill and final law indicated that the Washington State
Legislature never intended this to be a gun control bill,
and stripped out in committee provisions of the bill which
would have prohibited carry within 500 feet of any "public
building" for fear it would ensnare a peaceable open
carrier walking nearby, thereby violating a persons rights
under Article 1, Section 24 of the Washington State Constitution.
This is not to say that all forms of open carry is lawful.
The key word is "peaceable". If your pistol is in
a holster, and you're generally not touching it or making
gripping movements (except of course, in an actual act of
self defense), or opening a coat to expose your pistol to
intimidate someone to do something, then the current body
of case law generally makes such carry lawful.
Is there a gun ban in
Seattle?
Despite Mayor Greg Nickels' blustering and media blitz on
the issue, there is no "gun ban" in Seattle currently
in effect. The nature of the "gun ban" is the use
of trespass law, which Seattle city officials, as the "owner
of the property" would demand that a gun owner leave
and be trespassed, and if they refuse to leave, charge them
with armed trespass. Though there is the drafting of an administrative
rule currently being made (as stated by a recent article in
the Seattle Times), Mayor Nickels has NOT signed on to any
administrative rule. It is well assumed that if any administrative
rule is signed to that affect, it will trigger legal action,
but not a moment before.
What does Article 1,
Section 24 of the State Constitution actually say?
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual
citizen to bear arms in defense of himself, or the state,
shall not be impaired, but nothing in this section shall be
construed as authorizing individuals or corporations to organize,
maintain or employ an armed body of men.
Is
there a list of businesses that are pro/anti gun/OC?
Yes, it is located here http://nwcdl.org/GunFriendlyUnfriendly/GunFriendly.html
and http://nwcdl.org/GunFriendlyUnfriendly/GunUnFriendly.html
Can I carry on a bus?
You may carry loaded either openly or concealed in any bus
or light rail vehicle if you possess a CPL. The law states
that you must have a CPL to carry loaded in "any"
vehicle.
Can I carry a loaded
long arm in my vehicle?
As a general rule, you may not carry a loaded long arm in
vehicle. See RCW
77.15.460.
Do I have to register
my gun?
Washington State has no registry at all for long arms. It
does, however, have a dealer pistol sales registry. However,
there is no requirement that secondary sales of pistols be
registered with the Department
of Licensing. You cannot sell the firearm to anyone you
have reason to believe is ineligible under state or federal
law, nor can you transfer a firearm (whether by a sale or
a gift) to a person who is a resident of another state (this
violates federal law).
Where
can I see a list of all available training bulletins from
law enforcement agencies?
http://forum.nwcdl.org/index.php?action=downloads
How
old do you have to be to carry a loaded handgun?
Under RCW
9.41.240, you must be 21 years of age to carry a loaded
handgun in public.
Can
persons under 21 ever possess a loaded handgun?
Under certain circumstances persons under 21 may possess a
loaded firearm in accordance with RCW
9.41.042, RCW
9.41.050 and RCW
9.41.060.
Do
I have to use a certain type of holster?
The law does not demand certain types of holsters. We do however
recommend that your holster choice have some form of retention,
and we recommend that if you use a shoulder holster, that
you use a vertical position one rather than a horizontal one
(per firearms
safety rules).
Can
I carry with a round in the chamber?
There is no Washington or Federal law which prescribes carrying
with a round in the chamber other than the normal "loaded"
definition and the laws that regulate loaded carry. In other
words, yes you can carry with a round in the chamber if you
choose to.
Can
I carry at or near a school?
If you have a valid CPL and are picking up or dropping off
a student, the firearm is out of view and locked in your car
while you are away from it, or you are in the vehicle with
the secure firearm you can carry on the grounds of primary
or secondary schools. (K-12) RCW
9.41.280
What
about colleges?
There is no law against it, but the individual schools set
their own policies.
Can
I carry in a bar?
No. The Law states that it is unlawful to carry in any establishment
or area of an establishment that is classified by the State
Liquor Control Board as off limits to persons under 21 (RCW
9.41.300 1(d))
Does
Washington have an assault weapons ban.
No. With the sunset in 2004 of the Clinton ban the ban no
longer exists. Some states have adopted similar bans, but
not Washington.
Someone
told me folding stocks and high capacity magazines are for
Law Enforcement only. Is this true?
NO! They were wrong. There is no assault weapons ban in Washington
or a limit on magazine capacity. Alot of the high capacity
magazines (more than 10 rounds) and folding stocks are still
marked as being Military/LE only but that does not apply anymore
since the expiration of the federal assault weapons ban.
Is it legal to sell
my firearm to another person without the assistance of an
FFL Dealer?
Yes it is legal to sell your firearm to another person withou
the assistance of an FFL Dealer. The law allows this between
residents of Washington only. You must be very cautious if
you sell a firearm this way. It is unlawful to sell a firearm
if you have reason to believe that the person buying it is
ineligible to possess a firearm under state or federal law.
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