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77.15.450  <<  77.15.460 >>   77.15.470

RCW 77.15.460

Loaded rifle or shotgun in vehicle — Unlawful use or possession — Unlawful use of a loaded firearm — Penalty.


     *** CHANGE IN 2014 *** (SEE 6041-S.SL) ***

(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

     (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; 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:

     (a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or

     (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.

     (3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors.

     (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; or

     (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.

     (5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.

[2012 c 176 § 28; 1999 c 258 § 7; 1998 c 190 § 28.]