| 
|
Both
state and federal laws govern the use of firearms. Here
in Washington, most state firearm laws are found in
the Revised Code of Washington (RCW
Chapter 9.41) while many federal laws and regulations
are listed in the United States Code. Although these
two legal reference sources are informative, they are
not all-inclusive, and additional firearm restrictions
apply in certain cases.
One
familiar example of additional firearms restrictions
is in airports, where the Federal Aviation Administration
prohibits carrying firearms in certain restricted areas
on or about a person or accessible property (such as
carry-on luggage). No private citizen-not even with
a valid concealed pistol license-is exempt from this
special restriction. Another example of general restriction
are weapons on school premises. |
TOPICS |
|
|
|
|
Cities,
counties and municipalities in Washington are prohibited from
enacting firearms laws and ordinances unless such ordinances
are specifically authorized by and consistent with state law.
For example, you may be legally entitled to own a handgun
and carry it with a concealed pistol license, but you may
be prevented by county or municipal regulations from discharging
that firearm for target practice in certain areas.
Just as
with firearms safety, it is your responsibility as a firearm
owner to know applicable firearm laws and regulations. Although
no single informational can possibly list all firearm laws
and regulations, the ones below are of general interest to
all firearm owners. Remember this is only a brief summary
of selected laws.
Possession
of a firearm.
Certain
persons are prevented by state and\or federal law from possessing
firearms. Among those prohibited are persons under 18 years
of age (with certain exceptions) and persons convicted of
any felony or domestic violence offenses. Courts may also
order forfeiture of a firearm found concealed on a person
who is under the influence of alcohol or drugs. (RCW
9.41.040, RCW
9.41.098)
Return
To Topics
Carrying
handguns without a license.
Generally
speaking state law requires a valid concealed pistol license
before you can carry a handgun concealed on your person. However,
the law does provide a number of exceptions including:
- Persons
within their home or fixed place of business;
- Members
of gun collecting or shooting clubs when those members are
at, going to or returning from gun shows or target practice;
- Individual
hunters when on a lawful hunting, camping or fishing trip;
or,
- Any
person while carrying a pistol unloaded and in a closed
opaque case or secure wrapper.
A complete
listing of legal requirements and exceptions can be found
in RCW
9.41.050 and RCW
9.41.060.
Return
To Topics
Concealed
pistol license.
If you are
in the State of Washington, to carry a pistol concealed, you
must have a valid Washington concealed pistol permit on your
person. Washington has no reciprocity with any other state.
The state in question would need to be contacted to ascertain
if they would honor a permit issued in this state.
If you
have been convicted of a Felony, under current RCW you are
not eligible to obtain a permit until your 'Rights' have been
restored through a court of law. We would suggest obtaining
legal counsel to assist you in this process as we are prohibited
from offering legal advice. If you have been convicted of
any of the new misdemeanor laws relating to the Brady Act,
i.e. Domestic Violence, etc., you have lost your right to
carry a firearm and must go through the process of having
your rights restored to be legal. Further information may
be obtained from consulting the Revised Code of Washington
9.41. for a complete text of the law.
You must
be 21 years of age and a United States citizen; not be under
any court indictments; have no active warrants, pending trials,
appeals on felony charges and no court orders against possessing
of firearms. There is a process for an Alien to obtain a permit
by conferring directly with the Department of Licensing-Firearms
in Olympia, Washington, to start this process.
Concealed
Pistol Permits may be obtained for Jefferson County residents
at the headquarters office of the Jefferson County Sheriff's
Office, located at 81 Elkins Road, Port Hadlock, Washington,
98339. Residents of other states may apply here also. However,
residents of other cities located within Washington State
must apply to their local jurisdiction. While residents living
within Jefferson County can expect a 30 day period of waiting,
the law provides our agency up to 60 days for out of state
residents to process due to time needed for extra paperwork.
For an
original permit, valid for (5) five years, you may expect
to fill out a short application
form providing us with pertinent information about yourself
and be fingerprinted. The cost of an original permit is $60.00
and is payable upon application. You may expect this permit
upon validation by our department to be mailed to your address
when the process is complete. If you are denied for a firearms
permit, your application fees WILL NOT be refunded.
A renewal
must be paid for, signed, and will be mailed out in approximately
(2) two weeks. A permit needing renewal must be accomplished
within (90) ninety days prior to the expiration date at a
charge of $32.00. Washington State Law allows renewal on an
expired permit for up to (90) ninety days after the date,
however, there is a $10.00 late fee, or a total of $42.00
charge. The permit will be mailed to the residence of record
approximately (2) two weeks after application.
If a concealed
pistol permit is lost/stolen, you may come in to the Sheriff's
Office and apply for a replacement. There is a $10.00 fee
payable for a replacement.
When paying
by a personal check, there is a (15) fifteen business day
waiting period applicable prior to processing to allow check
to clear.
Business
hours for obtaining firearms permits are Monday through Friday
between the hours of 8:00am and 5:00pm. Closed Saturday, Sunday,
holidays and during regular business days from noon to 1:15PM
for lunch. No appointment is needed.
Further
information may be obtained by contacting our department during
business hours.
Return
To Topics
Leaving
a pistol in a vehicle.
Whenever
loaded handguns are left unattended in a vehicle by a person
licensed to carry a concealed pistol the pistol must be locked
within the vehicle and concealed from view from outside the
vehicle. RCW
9.41.050, RCW
9.41.060
Return
To Topics
Use
of a firearm by a minor
Unless otherwise
authorized by the exceptions below, a person under 18 years
of age is guilty of the crime of unlawful possession of a firearm
if the person owns or has in his or her possession, or has in
his or her control, any firearm. Exceptions include persons
under the age of 18 who are:
In attendance
at a firearm safety training course;
Engaging in target practice at an established range or other
legal shooting area;
Engaging in organized competition involving use of a firearm;
Hunting or trapping under a valid license issued by the Department
of Fish and Wildlife;
In an area where shooting is legal, is not trespassing, and
is either (a) at least 14 years of age, has been issued a
hunter education certificate and is using a lawful firearm
other than a pistol; or, (b) under the supervision of a parent
guardian, or other adult approved for the purpose by the parent
or guardian;
Traveling with any unloaded firearm for activities described
in (1), (2), (3), (4) or (5) above.
On real property under the control of his or her parent, other
relative or legal guardian.
At his or her residence and who has the permission of his
or her parent.
Members of armed forces while on duty.
(RCW
9.41.040, RCW
9.41.042)
Return
To Topics
Short
Barreled Shotguns and Rifles
Short-barreled
shotguns and rifles are illegal. A 'short barreled shotgun'
means a shotgun having one or more barrels less than 18 inches
in length and any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if such a weapon as modified has
an overall length of less than 26 inches. A 'short-barreled
rifle' means a rifle having one or more barrels less than 16
inches in length and any weapon made from a rifle (weather by
alteration, modification, or otherwise) if such weapon as modified
has an overall length of less than 26 inches. (Title
18, Chapter 44, United States Code, RCW
9.41.010, RCW
9.41.190)
Return
To Topics
Use
of Deadly Force
The State
code provides that the use of, or attempted use of deadly
force upon another person is lawful when used to prevent or
attempted to prevent an actual felony against the individual
using the force, or against a person in the individual's presence
or to prevent an actual felony within the person's home or
dwelling. The use of deadly force must be lawful; the individual's
actions will be evaluated in light of his or her subjective
impressions and all the acts and circumstances known to the
individual at the time. The question is whether the shooter's
conduct was what a reasonably prudent person would do under
the same or similar circumstances as they appeared to the
shooter at the time. In some cases, criminal and civil charges
may be brought against a person who uses deadly force. If
the shooter's action is found to be justified in a criminal
case, the defendant's costs will be reimbursed by the state.
(RCW
9A.16.050, RCW
9A.16.110)
Return
To Topics |
