Washington State Legal References & Links>PCR-00s Washington State Gun Related RCWs Page>Chapter 9.41 RCW FIREARMS AND DANGEROUS WEAPONS>9.41.010Terms defined.
(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
(13) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
(14) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(19) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
RCW 9.41.050
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.
(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 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.
(2)(a) 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: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(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.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
RCW 77.15.460
Loaded firearm in vehicle — Unlawful use or possession — Penalty.
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:
(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and
(b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.
(2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.
(3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;
(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.
(5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
From the August 1998 BATF FFL Newsletter
AGE RESTRICTION REMINDER
Licensees are reminded that certain commercially
produced “shotguns” do not fall within the
definition of shotgun under the GCA. Firearms
such as the Mossberg Model 500 Camper,
Persuader 500 and all other makes and models,
which come equipped with a pistol grip in place
of the butt stock, are not shotguns under the GCA.
Therefore, they cannot be sold or delivered by a
licensee to any person less than 21 years of age.
From the February 1999 BATF FFL Newsletter
AGE RESTRICTIONS ON FIREARMS
TRANSACTIONS
Youth Handgun Safety Act
Recently mailings went to the licensees providing
for poster requirements and handbill delivery
requirements of an explanation brochure to
handgun transferees from Federal firearms
licensees. These mailings led to some confusion
within the industry. No change has been made to
the age restrictions pertaining to Federal firearms
licensees transferring firearms. If the firearm
being transferred is other than a rifle or shotgun
[27 CFR § 178.99(b) & 18 U.S.C. § 922(b)(1)],
then the purchaser must be 21 years of age or
older. It the firearm is a rifle or shotgun then the
purchaser must be 18 years of age or older.
The Youth Handgun Safety Act of 1996 (YHSA)
made it unlawful for “any person” to provide a
handgun to a juvenile (under 18 years of age),
with limited exceptions. Prior to the implementation
of this law, a nonlicensed individual was not
restricted under Federal law from providing a
handgun to a person of any age. They were
restricted as to State of residence and prohibited
person categories, but no age restriction. The
YHSA changed this.
Then by regulation, effective September 11, 1998,
ATF implemented a requirement for Federal
firearms licensees to place a poster in their
premises, including gunshows, informing their
purchasers of this new law. In addition, the
licensee must provide a copy of the restrictions as
provided on ATF I 5300.2. This poster and these
handouts may be obtained from the ATF Distribution
Center at 703-455-7801.
“Shotguns” with pistol grips attached
In the last ATF Newsletter (August 1998) an
article stated shotguns with pistol grips and no
shoulder stocks attached were restricted to
persons 21 years of age or older if being sold by a
Federal firearms licensee. This requirement is
specified in 27 CFR § 178.99(b) and 18 U.S.C.
922(b)(1) (www.atf.treas.gov/core/regulations/
27cfr178.html), which states that if the firearm to
be transferred is “other than a rifle or shotgun”
then the purchaser must be 21 years of age. The
definition of a shotgun under the GCA [18 U.S.C.
§ 921(a)(5)] is a weapon “intended to be fired
from the shoulder.” With the pistol grip in lieu of
the shoulder stock, this weapon is not designed to
be fired from the shoulder, and therefore is not a
shotgun.
Questions have been raised about those firearms
that are supplied with both a pistol grip and a
shoulder stock. If the firearm is sold with the
shoulder stock then the firearm is intended to be
fired from the shoulder and would be considered a
shotgun. The shoulder stock does not necessarily
have to be attached at the time. Persons 18 years
of age or older may purchase those firearms from
licensees.
Other questions raised pertain to entries made in
the licensees required records as to firearm
type if not shotgun. These entries may indicate
the firearm type simply as Title I.
Quoted:
AR pistol.. well it's a pistol
What I'm wondering is, maybe Phil would know, about PG shotguns. I know Mossberg now slaps a label on theirs saying it must be transfered as a pistol(21 YOA or older, etc).
Transferring as a pistol would be an imprecise description it should be transferred as other than other than a rifle or shotgun i.e. the same as an AR lower is handled.
As for carrying something like the Mossberg Cruiser loaded in a vehicle:
Good luck with the Cop, prosecutor, your lawyer, and the judge