H-0255.1  _______________________________________________

                          HOUSE BILL 1104

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives McMorris, Campbell, Pennington, Mulliken, Koster, Sheldon, Padden, Kremen, Smith, Chandler, Honeyford, Hargrove, McMahan, Benton, D. Schmidt, Chappell, Thompson, Fuhrman, Delvin, Schoesler, Casada, Blanton, Stevens, Johnson, Huff, Foreman, Hymes, Sherstad, Robertson, Backlund, L. Thomas, Mielke, Cairnes, Elliot, Goldsmith and Buck

Read first time 01/12/95.  Referred to Committee on Law and Justice.

Removing requirements relating to carrying firearms unloaded and enclosed in an opaque case or wrapper.

    AN ACT Relating to carrying a firearm; and amending RCW 9.41.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.41.050 and 1994 1st sp.s. c 7 s 405 are each amended to read as follows:

    (1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

    (2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and:  (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

    (3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

    (4) ((Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:

    (a) Licensed under RCW 9.41.070 to carry a concealed pistol;

    (b) In attendance at a hunter's safety course or a firearms safety course;

    (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

    (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

    (e) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

    (f) In an area where the discharge of a firearm is permitted, and is not trespassing;

    (g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;

    (h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;

    (i) On real property under the control of the person or a relative of the person;

    (j) At his or her residence;

    (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;

    (l) Is a law enforcement officer; or

    (m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.

    (5))) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

    (((6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.))

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