Washington
Summary
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 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(see RCW
9.41.060 on Exceptions). Loaded is defined as
having ammunition inside of the gun itself (magazine
inserted with ammunition with 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: 18
USC 922 (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.
What is "Warranting alarm", why do
people (firearms instructors, police officers, gun shop
employees) say that this law makes it illegal to open
carry? In 1969, 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 are 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 (State
vs. Casad, State
v. Spencer) generally makes such carry lawful. |
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