RE: concealed / open carry RCW 9.41.060(8)
Dear Mr. Starks:
On behalf of the Department of Licensing, thank you for your email received August 6, 2011. I am responsible for firearm issues so your email was forwarded to me for response. In your request you asked for clarification regarding the definition of RCW 9.41.060(8) which is popularly known as the “hunting and fishing” exception to concealed carry requirements in Washington State. In your letter you ask if the exception in subsection 8 would apply if someone were to leave town to go hiking without a carry permit and carried concealed or had a loaded pistol in his or her vehicle.
The statute allows law enforcement latitude to evaluate each situation on a case by case basis. The scenario you portray could very well result in a finding of violation of the law. The case would turn on the credibility of the individual claiming the exception. The individual’s case would of course be stronger if he or she wore hiking gear and had hiking supplies, etc. The purpose of the law is to make personal protection available to outdoor enthusiasts, and not serve as an end run around the state’s regulation of firearms.
The Attorney General’s Office serves as a legal counsel to state agencies and certain elected officials and cannot, by law, provide legal advice to private citizens. It is, however, our policy to provide members of the public with information of a general nature whenever possible.
Sincerely,
SUSAN L. PIERINI