Open carry in WA? Legal?

This is a discussion on Open carry in WA? Legal? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm trying to figure this out, because I read on opencarry.org or whatever that it is legal to open carry in WA. http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050 That is ...

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Thread: Open carry in WA? Legal?

  1. #1
    Distinguished Member Array C9H13NO3's Avatar
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    Open carry in WA? Legal?

    I'm trying to figure this out, because I read on opencarry.org or whatever that it is legal to open carry in WA.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.050

    That is the law on carrying firearms. It simply says that carrying a pistol concealed is against the law without a permit, and carrying a loaded firearm in a vehicle is illegal without a permit.

    It doesn't say you can carry openly...just that you can't carry concealed without a permit.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270

    This one says that you can not carry, exhibit, display, or draw a dangerous weapon in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

    This would suggest open carry is OK...as long as there is no intent to intimidate...which if it is holstered on the hip, would work. The "warrants alarm for the safety of other persons" part seems iffy though. If it's in a holster on your hip, but random citizen is alarmed and doesn't feel safe...you've just committed a crime. Does this mean open carry is legal, but could become illegal based on someone elses feelings?

    I have a CCW, but I like researching what's legal and what's not. Where I live in WA, I've carried an AR-15 loaded in a tactical carry, and the sherrif has driven by and not said a thing...but he knows me and knows I'm just going to shoot in the woods. It seems you would be OK open carrying in rural areas, but probably not in a city.

    What's your opinion?

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  3. #2
    Member Array Bonesnofoa's Avatar
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    Yes you can open carry in washington but you must possess a CPL if you intend to drive a car. Some people might feel threatened by a loaded ar-15. It might be a good idea to print out those specific statues onto a little card to put in your wallet. There are also some training bulletins for PD's that could be useful. Just in case you are stopped by a LEO who doesn't quite understand state laws. Many counties are seeing a huge improvement in the way open carry is treated but you still stand a good chance of being approached.

    Be polite and confident that your not doing anything wrong.

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    Member Array njeske's Avatar
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    yes, open carry in WA is perfectly legal. as the statute you posted says, in order to carry a loaded gun in the car, you need your CPL.

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    VIP Member Array raevan's Avatar
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    The RCW 9.41.060; Exceptions to restrictions on carrying firearms. States in sub section (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 lawfull outdoor activities or is traveling to or from a legitimate outdoor recreation area;

    There are aditional regs regarding when it is hunting season. For more info read the whole RCW 9.41. Also check hunting regulations about carrying during hunting season.

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    VIP Member Array Supertac45's Avatar
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    It's legal, but you don't see it very often. At least I haven't on my vacations there.
    Les Baer 45
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    Member Array rathos's Avatar
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    Open carry of pistols is legal. Open carry of rifles is only legal while hunting, so if you walk down the street with a loaded AR-15 you will be arrested. There is a law that states its illegal to carry openly if people feel threatened, but its such a grey area the DA will not prosecute these cases and if you are arrested for open carrying your pistol (provided you did not actually pull it out and brandish it) you will get a prompt apology and release.
    ‘‘To disarm the people is the best and most effectual way to enslave them.’’

    — George Mason

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    Distinguished Member Array C9H13NO3's Avatar
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    I found case law that says you must do more than just have a holstered weapon to count as people feeling threatened

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    New Member Array Puddin99's Avatar
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    Opencarry in XX

    For more info, you should check out:

    http://opencarry.org/

    Ken

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