CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5326

 

 

                   Chapter 200, Laws of 1997

 

 

                        55th Legislature

                      1997 Regular Session

 

 

FIREARMS--ELIMINATION OF CERTAIN CARRYING RESTRICTIONS

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the Senate March 19, 1997

  YEAS 26   NAYS 23

 

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House April 16, 1997

  YEAS 62   NAYS 35

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5326 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved April 24, 1997 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           April 24, 1997 - 4:39 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 5326

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators Hargrove, Zarelli, Loveland, Snyder, Schow, Rasmussen and Benton

 

Read first time 01/23/97.  Referred to Committee on Law & Justice.

 

 

Removing requirements relating to carrying firearms unloaded and encased 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 1996 c 295 s 4 are each amended to read as follows:

    (1)(a) 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.

    (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so.  Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter ((7.84)) 7.80 RCW and shall be punished accordingly pursuant to chapter ((7.84)) 7.80 RCW and the infraction rules for courts of limited jurisdiction.

    (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) 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;

    (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, placed in a gun rack, or otherwise secured in place in a vehicle, provided that this subsection (4)(h) does not apply to motor homes if the firearms are not within the driver's compartment of the motor home while the vehicle is in operation.  Notwithstanding (a) of this subsection, and subject to federal and state park regulations regarding firearm possession therein, a motor home shall be considered a residence when parked at a recreational park, campground, or other temporary residential setting for the purposes of enforcement of this chapter;

    (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;

    (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; or

    (n) An armed private security guard or armed private detective licensed by the department of licensing, while on duty or enroute to and from employment.

    (5))) Violation of any of the prohibitions of subsections (2) ((through (4))) and (3) of this section is a misdemeanor.

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

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


    Passed the Senate March 19, 1997.

    Passed the House April 16, 1997.

Approved by the Governor April 24, 1997.

    Filed in Office of Secretary of State April 24, 1997.