What Does Washington State's Open Carry Ban Really Mean to You?

Published on September 28, 2021
Duration: 10:55

Washington Gun Law President William Kirk explains the nuances of Washington State's open carry restrictions, primarily stemming from Senate Bill 5038. The law prohibits knowingly open carrying at permitted demonstrations and within 250 feet of one after being directed to leave by law enforcement. It also bans open carry on state capitol grounds and related buildings. Crucially, these restrictions do not apply to individuals with a valid concealed pistol license.

Quick Summary

Washington State's open carry ban, enacted via Senate Bill 5038, prohibits knowingly open carrying firearms at permitted demonstrations and within 250 feet of them after a law enforcement directive. It also restricts open carry on capitol grounds. Importantly, these laws do not apply to individuals with a valid concealed pistol license.

Chapters

  1. 00:03Introduction to WA Open Carry Ban
  2. 00:22What Does Washington State's Open Carry Ban Mean?
  3. 01:22Senate Bill 5038 Overview
  4. 01:46Amended Statutes: RCW 9.41.300 & 9.41.305
  5. 02:53New Section 2 of RCW 9.41.300 Explained
  6. 03:06Open Carry at Demonstrations
  7. 03:23Open Carry Within 250 Feet of Demonstration
  8. 04:47Defining Permitted Demonstration & Public Place
  9. 06:03Definition of Weapon
  10. 06:52Recap of Open Carry Restrictions
  11. 07:12Exemption for Concealed Carriers
  12. 08:08New Statute: RCW 9.41.305
  13. 08:30Open Carry Ban on Capitol Grounds
  14. 09:01Exemptions for Law Enforcement & Military
  15. 09:08Penalties for Violation (Gross Misdemeanor)
  16. 09:23Conclusion: Is There an Outright Ban?
  17. 10:16Contact Washington Gun Law

Frequently Asked Questions

What does Washington State's Senate Bill 5038 prohibit regarding open carry?

Senate Bill 5038 prohibits knowingly open carrying a firearm at a permitted demonstration or within 250 feet of one after being directed to leave by law enforcement. It also bans open carry on state capitol grounds and legislative buildings.

Are concealed carriers affected by Washington's open carry ban?

No, the restrictions imposed by SB 5038 explicitly exempt individuals who are lawfully concealed carrying a firearm with a valid concealed pistol license. These new laws primarily target open carry.

What are the penalties for violating Washington's open carry laws under RCW 9.41.305?

Violating RCW 9.41.305, which covers open carry on capitol grounds and legislative locations, is a gross misdemeanor. This offense is punishable by up to one year in jail and a fine of up to $5,000.

How is a 'permitted demonstration' defined under Washington's open carry law?

A permitted demonstration is defined as a gathering with a permit from a government agency, or a public assembly of 15 or more people declared permitted by local officials like a chief executive, sheriff, or police chief.

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