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.))
