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can i carry someone elses gun in washington state

by Gideon Smith Published 5 months ago Updated 2 weeks ago
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In order for Washington to recognize other states’ concealed weapons permits, Washington state's reciprocity law ( RCW 9.41.073) dictates that the other state must:

  • Recognize Washington concealed pistol licenses;
  • Not issue concealed pistol licenses to persons under age 21; and
  • Require a mandatory fingerprint-based background check for criminal and mental health history.

Can I Carry Someone Else's Gun in Washington State? Yes. While retail dealers must record and report all retail pistol sales, there is no registration requirement for handguns. Therefore, specific handguns are not tied to a person's Washington Concealed Pistol License (CPL).Jun 3, 2019

Full Answer

Can I openly carry a firearm in Washington State?

No Washington statute directly prohibits openly carrying a firearm. However, for Washington’s law regarding restrictions to openly carrying a firearm, consult the statute at RCW 9.41.270. Please also be aware that the law prohibits possession of firearms in certain places.

What are the laws for carrying a gun without a license?

Carrying firearms. (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.

Can I possess a firearm at work?

The answer depends upon the nature of your employment and whether possession of a firearm at your workplace is allowed by your employer and/ or state law, including RCW 9.41.300.

What is a Washington concealed carry violation?

Washington law designates certain areas where it can be a violation to possess a firearm, regardless of whether you are lawfully carrying concealed.

Can a felon possess a gun if they move to another state?

What does "possession" mean?

What is a firearm?

What is an explosive?

What is body armor?

Who else is prohibited from possessing a firearm, explosive, or body armor?

How can the right to possess a firearm be restored?

See 4 more

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Can I give a gun to a friend in Washington state?

Only “Immediate” Family Members Qualify. Washington law only allows unregulated family gun transfers between “immediate” family members.

Can you give a gun to a family member in Washington?

Giving a Gun as a Gift Even under Washington's strict transfer laws, transfers between immediate family members is permissible without a background check. Remember, you can never transfer a firearm directly to another person who is a resident of a different state.

Can I carry an unloaded gun in my car Washington state?

(3)(a) 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. (b) A violation of this subsection is a misdemeanor.

Is it a felony to conceal carry without a permit in Washington state?

You may be charged with Carrying a Concealed Firearm if you are found with a firearm on your person or concealed in your vehicle. Being in possession of a concealed firearm without a proper license is a misdemeanor, punishable by up to 90 days in jail and fines up to $1,000.

Can you buy a gun from a private seller in Washington state?

A person does not need a firearms dealer license in order to privately sell a firearm in Washington. However, even in a private sale, the seller is required to utilize a licensed dealer to conduct the required federal background check on the potential buyer as explained in WA Rev Code § 9.41. 113.

Can I carry a gun in my car in Washington state?

Open Carry is legal but you must have a valid permit/license to carry a loaded handgun in any vehicle in Washington. This includes cars, buses and trains. You can keep the firearm holstered with empty chamber on your hip in your vehicle (can't be concealed) but the loaded mag must be removed.

Where can I not conceal carry in Washington?

Concealed pistol license holders are generally prohibited from possessing a firearm in any restricted access areas of a jail, law enforcement facility, or any place used for the confinement of a person, unless the holder obtains from the facility's administrator written permission to possess the firearm while on the ...

Can you conceal carry in a bar in Washington state?

With a Washington Concealed Pistol License or a license/permit from a state that Washington honors, you may concealed carry only in areas of the restaurant where persons under the age of 21 are allowed. However, concealed carry is not allowed in bars or the bar areas of restaurants.

Can you open carry a loaded firearm in Washington?

Background. Washington is an open-carry state, which means that an individual can openly carry a firearm in many public areas, although private property owners may prohibit firearm possession on their property. This right to openly carry firearms doesn't mean that anything goes, however.

Is Washington a stand your ground state?

A person may not use more force than is necessary given the situation. The law does not impose a duty to retreat. This means that if you are in your home, you do not have to try to escape the situation before defending yourself. This is otherwise called, the “Stand Your Ground Rule" in Washington.

Can you walk around with a gun without a permit?

The majority of states require a person to have a permit to carry a loaded, concealed handgun in public. Although standards and processes vary, these states often require applicants to pass a criminal background check, complete safety training, complete live-fire shooting exercises, and be a resident of the state.

What weapons can a felon own in Washington State?

In Washington State, anyone who has been convicted of a felony or any crime of domestic violence is ineligible to possess a firearm. This ban will last a lifetime, unless the right is restored by a court of record (typically the Superior Court where the individual resides).

Can you inherit a firearm?

A person who inherits a firearm must apply for an appropriate licence if s/he wishes to keep the firearm. If s/he does not wish to acquire the firearm, or fails to obtain the appropriate licence, the CFR may deactivated or dispose of the firearm(s).

Do I need to register my firearm in Washington state?

Though there is no formal registration needed under Washington firearm laws for gun owners or firearms, police records are kept for the purchase of all firearms. This acts as a form of registration that is not mandated by law, and the proper authorities can keep track of firearms and their owners to a certain extent.

Can you buy a gun without a permit in Washington?

Purchasing: Washington does not require a permit to purchase a firearm. You only need to be 18 years or older (21+ for semi-automatic rifles and pistols), and legally allowed to possess a firearm.

Can a felon own a gun after 10 years in Washington state?

Firearm rights can be restored after a felony conviction in Washington, so long as the following requirements are met: You have gone any five consecutive years in the community without being convicted of any crime. These do not necessarily have to be the most recent five years.

What Firearms Can I Possess? | Washington Gun Law

Other Definitions. In order to understand what weapons you can lawfully posses, you need to know the following: Firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. "Firearm" does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder-actuated tool or other device designed solely to be used ...

PDF RCW 9.41.040 - Washington

(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted," whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including, but not limited to, sentencing or disposition, post-trial ...

Chapter 70.74 RCW: WASHINGTON STATE EXPLOSIVES ACT

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Unlawful Possession of Firearm in Washington State - LegalMatch Law Library

How is Unlawful Possession of a Firearm Defined in Washington State? There are several factors that determine when an individual is committing the offense of criminal possession of a weapon. Criminal possession of a weapon, in its most basic terms, is the unlawful possession of a weapon, often a firearm, by an individual.

PDF RCW 9.41.045 - Washington

As a sentence condition and requirement, offenders under the supervision of the department of corrections pursuant to chapter 9.94A RCW shall not own, use, or possess firearms or ammunition. In addition to any penalty imposed pursuant to RCW 9.41.040 when applicable, offenders found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate ...

Chapter 9.41 RCW: FIREARMS AND DANGEROUS WEAPONS - Washington

Legislature Home; House of Representatives; Senate; Find Your District Find Your District; Laws & Agency Rules; Bill Information; Agendas, Schedules, and Calendars; Legislative Committees

Where can I find Washington’s firearms laws?

Washington’s firearms laws are codified in chapter 9.41 RCW. Cities, towns, counties, and other municipalities may also have certain laws and ordinances affecting the use, possession or sale of firearms. RCW 9.41.290. You can contact your sheriff’s office or police department through the local city or county government to determine if any local laws have been adopted.

Where can I find information about compliance with the National Firearms Act?

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has information about the NFA on its website. Resources include a NFA Handbook primarily for use by persons in the business of importing, manufacturing, and dealing in firearms defined by the NFA, or persons intending to go into an NFA firearms business. According to the ATF, the Handbook should also be helpful to collectors of NFA firearms and other persons having questions about the application of the NFA.

What states recognize Washington’s concealed pistol license? Will my concealed pistol license or permit from my home state be recognized in Washington?

Please visit our concealed pistol license reciprocity page to check if your state’s concealed pistol license or permit is currently recognized in Washington. That page also has information regarding other states’ recognition of a Washington license. Some states may recognize a Washington concealed pistol license, even though Washington doesn't recognize theirs. Be sure to check the laws of the other state before traveling there with your pistol.

How do I apply for a Washington concealed pistol license?

You can apply for a Washington concealed pistol license at any local law enforcement agency in the state. You can contact a sheriff’s office or police department through the local city or county government. You must apply in person at a local law enforcement office. RCW 9.41.070 contains further information about Washington’s concealed pistol license applications and fees, including provisions related to non-residents.

Why doesn’t Washington recognize my concealed pistol license or permit issued by another state?

Please visit our concealed pistol license reciprocity page for detailed information about Washington’s reciprocity law and other states.

What is Washington’s law regarding short-barreled rifles?

For Washington’s law regarding short-barreled rifles, please consult the statute at RCW 9.41.190.

What is Washington’s law regarding open carry?

No Washington statute directly prohibits openly carrying a firearm. However, for Washington’s law regarding restrictions to openly carrying a firearm, consult the statute at RCW 9.41.270. Please also be aware that the law prohibits possession of firearms in certain places . If you have questions about the application of the law in a specific circumstance, please contact your local sheriff’s office or police department, or a private attorney.

What about the children???

Since July 2019, the previous laws allowing for rifle ownership and possession when you turn 18 were thrown out the window.

What happens if you store a firearm without your permission?

Depending on what is done with your firearm if it is accessed without your permission and how it was stored in the first place, you may be guilty of “community endangerment,” or even a felony!

What is a transfer of a gun?

The state defines “transfers” of firearms as more than just a transaction that changes ownership of the gun. Even loaning your pistol to a friend or other temporary changes in possession of the firearm requires a licensed firearms dealer to perform a background check before you can proceed.

What are the exceptions to the transfer rule?

Exceptions to the transfer rule include: Transfers and sales of antique firearms; Gifts (not sales) between immediate family members; Temporary transfers between spouses or domestic partners; Transfers to and back from a federally licensed gunsmith for the purposes of service or repair;

When are ghost guns legal?

Ghost guns, or “untraceable” firearms, on the other hand, only apply to firearms made after July 1, 2019, and is basically any firearm that is not an antique and does not have a serial number put on it by an FFL manufacturer or importer.

Can a family member file an ERPO against you?

With the updated laws, a family or household member, or any law enforcement officer, may file for an ERPO against you based on threatening or violent behavior.

Is it illegal to carry a gun in a public place?

It is now illegal to openly carry a firearm if you are within 250-feet of a “permitted demonstration” in a public place. What’s more, is that the law applies if you are actually openly carrying on your body, or even just have it inside your car.

Is it illegal to transfer a firearm to a person?

Pursuant to 18 USC 922 (a) (5), it is unlawful for “for any person…to transfer, sell, trade, give, transport, or deliver any firearm to any person…who the transferor knows or has reasonable cause to believe does not reside in…the State in which the transferor resides; except that this paragraph shall not apply to… (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;”

Can you borrow a gun in California?

I guess you would not have a CCW in California if you did not own the gun. In States that have constitutional carry laws, you may be allowed to borrow a gun for concealed carry if you are not prohibited from possessing a firearm.

Can you lend a gun to another person in Pennsylvania?

Each state has its own take on the transferring and lending of firearms and of course, concealed carry. For instance, Pennsylvania will allow an individual to lend shotguns and rifles to another but not a handgun unless the person receiving the gun has a CCW in that state.

Can I carry someone else's gun?

Can I carry some else’s gun? Under the latest federal law that I found you could carry a gun that you don’t own provided that the gun is legally registered and you are not prohibited from purchasing or possessing a firearm and it is for lawful purpose. To conceal carry you must meet your state’s conceal carry law. State laws vary widely.

Is it illegal to sell a firearm?

It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance…; (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa… (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child… (9) has been convicted in any court of a misdemeanor crime of domestic violence.

Can a husband and wife borrow a gun?

At least when talking about loaning or borrowing a gun from someone outside of your immediate family. Many states recognize that a husband and wife may both be the holder of a CCW but only have a single gun.

Can you sell a gun in another state?

You are not allowed to sell a gun directly to an individual in another state. You are also barred from selling a firearm to anyone prohibited from owning one. So the best answer is to check your state and local laws for private firearm sales before you proceed.

Who Is Allowed To Own A Gun?

Firstly, a summary of who may and may not legally own a gun in the U.S.A.

Persons Prohibited From Owning Guns

The Gun Control Act of 1968 prohibits certain classes of people from buying, selling, using, owning, receiving, shipping, carrying, possessing, or exchanging any firearm or ammunition. [1][34] Those prohibited include any individual who:

Federal Law on the Transportation of Firearms

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it if the firearm is unloaded and locked out of reach..

The Legal Transport Of Firearms

In each of the following segments, transport conditions will be discussed.

All Guns Must Be Unloaded

The term ‘unloaded’ means that there must be no bullet in the chamber or that the gun may not have a loaded magazine or have a round attached to the weapon.

All Guns Must Be Secured In A Locking Hard Case

The 2 nd aspect of transport is that the weapon is how and where it must be stored in the car.

Storage of Ammunition and Magazines

Not only should the guns be secured in locking hard cases, but magazines and ammunition must be stored in SEPARATE locking hard cases.

How does a jury determine self defense?

Courts will inform the jury that the self - defense standard incorporates both and objective and subjective element: the subjective portion requires the jury to stand in the defendant's shoes and consider all the facts and circumstances known to the defendant, while the objective portion requires the jury to determine what a reasonably prudent person in a similar situation would do. A jury may find self - defense on the basis of the defendant's subjective, reasonable belief of imminent harm from the victim; given this subjective component, the jury need not find actual imminent harm.

What is the law for the use of force in self defense?

Lawful Use of Force in Self Defense. Washington law allows for the use of force under certain circumstances. RCW 9A.16.020 outlines the circumstances under which a person can legally use force. The lawful use of force/self-defense most commonly arises under three situations: Self Defense. Defense of Others.

What does "force" mean in law?

Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary

What is the purpose of a stand your ground law?

Stand your ground allows an individual, who is lawfully permitted to be where they are , to use any force necessary to defend from an imminent threat of serious bodily injury or death. There is no duty to retreat.

What is self defense?

Self-defense is commonly used as a defense to assault, malicious mischief, harassment or disorderly conduct. But more serious felonies can give rise to a claim of self-defense as well.

What is the Castle doctrine?

The castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting them, in certain circumstances, to use force to defense against an intruder, free of legal liability. This can include, in some circumstances, deadly force. The term is commonly used throughout the United States to describe a “no duty to retreat” from a home, abode or car.

What is the purpose of force in defending property?

Defense of Property. Under certain situations, a person may use force to defend against a “malicious trespass or interference" with real or personal property . This means that if someone is entering your home or taking or damaging your property and they are doing so with an evil purpose, you can defend your property by force. ...

How do we gather information from reciprocal states?

To gather this information, we send out an annual survey to each state. As we obtain updated responses, we revise the list of reciprocal states and their laws .

Does Michigan recognize concealed carry licenses?

Michigan - Michigan does not recognize non-resident concealed pistol licenses issued by Washington state. South Dakota - South Dakota Enhanced Permit only. Restricted 18 to 20 year old Enhanced Permit is not recognized by Washington. The following table lists all of the states and the District of Columbia and indicates whether there is reciprocity ...

Does Washington require a background check for a concealed carry permit?

Require a mandatory fingerprint-based background check for criminal and mental health history. Washington’s law recognizing concealed pistol licenses or permits from other states is clear, unambiguous, and confers no discretion on the Attorney General or any other Washington entity to ignore or waive any of its requirements.

Does Washington require a mental health background check?

Mental health background check does not meet Washington standards. No mandatory mental health background check. Allows persons under 21-yrs-old to have a license. Allows persons under 21-yrs-old to have a license. Does not recognize out-of-state licenses. Allows person under 21-years old to obtain a license.

Can a felon possess a gun if they move to another state?

The federal Gun Control Act, 18 U.S.C. §992 (g) makes it unlawful for certain categories of persons to possess firearms or ammunition, including convicted felons and individuals convicted of a domestic violence misdemeanor.

What does "possession" mean?

United States case law defines actual possession as having physical custody or control of an object ( United States v. Nenadich, 689 F.Supp. 285 [S.D. N.Y. 1988] ). For example, a person with a firearm in their hand or pocket has actual possession of the firearm. Per RCW 9.94A.706, constructive possession means the power and intent to control the firearm, ammunition, or explosives. For example, a firearm kept in the car or home for self-defense constitutes constructive possession of the firearm.

What is a firearm?

A firearm is any weapon or device that expels a projectile, fires a bullet, by the action of an explosive, such as gunpowder, or any weapon that is designed or may be readily converted to do so . Gun also has the same meaning as firearm ( RCW 9.41.010 (11) (12); 26 U.S.C. §5845 ).

What is an explosive?

"Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion , and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb ( RCW 46.04.170 ).

What is body armor?

§921 (a) (35), body armor is personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

Who else is prohibited from possessing a firearm, explosive, or body armor?

§922 (f) (2) (g), makes it unlawful for certain categories of persons to possess firearms or ammunition, including convicted felons and individuals convicted of a domestic violence misdemeanor. RCW 9.41.040 also stipulates a person may not lawfully own, possess, or control a firearm if they (1) were previously convicted of a felony offense, (2) were previously convicted of certain gross misdemeanor crimes when committed by one family or household member against another, (3) are subject of certain types of protection or no contact orders, or (4) have pending charges for certain serious offenses.

How can the right to possess a firearm be restored?

Per RCW 9.41.040 (4), an individual may petition a court of record to have his or her right to possess a firearm restored. The individual may only petition the court of record that ordered the petitioners prohibition on possession of a firearm or the superior court in the county in which the petitioner resides.

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