CARRYING A GUN IN A VEHICLE
CARRYING A GUN IN A VEHICLE UNDERWASHINGTON LAW
RCW 9.41.050 is the Washington statute that sets forth the rules on carrying a gun in a vehicle. According to these laws, it is a crime for you to carry a loaded pistol in a vehicle unless:
- You have a license to carry a concealed pistol,
- You carry the pistol on your person, and
- You remain in the vehicle at all times that the pistol is inside.
If you have a loaded or unloaded pistol in a vehicle and you are outside the car, then you must keep the pistol locked in the vehicle and concealed from view.
PENALTIES FOR HAVING A GUN IN A VEHICLE
A failure to follow the above rules is a misdemeanor offense (as opposed to a felony). The crime is punishable by:
- Imprisonment for up to 90 days in jail, and/or,
- A fine of up to $1,000.
DEFENSES TO CHARGES INVOLVING HAVING A GUN IN A VEHICLE
You have the right to challenge any charges related to carrying a pistol in a vehicle with a legal defense. A common defense is to go through each of the above elements and show that you complied with the law at all times you were either within or outside your vehicle.
Another common defense in these cases is to show that the police found your gun after either:
- Stopping you without probable cause, or
- Conducting an unlawful search and seizure.
In either of these cases, a judge may agree to dismiss your case or reduce your charge to a lesser offense.