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March 13, 1987
Honorable Kent Pullen
State Senator, 47th 0istrict
!2-A Legislatf ve Building
0lympia, Hashington 98504
Dear Senator Pullen:
Your question concerning the proper interpretation of RCH 9.41 .050(3)
has been referred to me for reply. The specific question which you have
asked is:
llay a person who possesses a val id concealed weapon permit,
and who is within a vehicle, legally possess a loaded pistol . within the vehicle which is not on'his or her person?
For the reasons set forth below, it is my opinion that your question should
be answered in the affirmative.
RCt.| 9.41.050(3) provides: (Now Rctr 9.4r.050(2))
A person shall not carry'or place a loaded pistol in any vehicle
unless the person has a I icense to carry a concealed weapon
and: (a) The pistol is on the licensee's person, (b) the'licensee
is within the vehicle at all times that the pistol is there,
or (c) the licensee is away from the vehicle and the pistol
is locked within the vehicle and concealed frorn view from outside
the vehicle.
The literal and granmatical construction of this statute requires subparts (a), (b) and (c) to be read in the disjunctive, i.e., as if the word "oru
appeared between (a) and (b). llhen read in that manner it is clear that
a loaded pistol need not be carried on one's person when that person is
in the vehicle.
A basic rule of statutory construction is that
is clear and unambiguous, there is no room for
to mean anything different than what it literally
87 tln.2d 7BA, 55 P.2d 340 (lSZ01
when the language used
construing the language
says. llatfield Y. Gree11,
l{ono rabl e Ken t Pul I en
Harch 13, 1987
Page 2
There are two exceptions to this rule. If a literal reading. Oljdy::t
i6ii,ia -resul ts ii wir t not be fol lowed. state y. Keller, 98 rln.2d 725,
657P.2dl384rrgg3j.tnthiscase'noaffi.irthestatute
is read to alliw a person not to have to carry the pistol while he or
she is in the car.
The second exception applies to those situations in which a literal reading
of the statute'is ouviously contrary to legislative intent. Silver Shores
lbbile Home park, Inc. v. city.of Ev , Bl nn.Zd ol8,3ts p-Es pTiliII
f"t House 3:lt'600 lthg qili
itit imended RCl.l 9.41.050 tdits current languagel describes the law before
and after the bill as follows:
BACKGR0UND: [The law before HB 600]
Anyone who carries a loided pistol in a vehicle must carry it
on-onl't person. If it is not on one's person, the weapon must
be unloaded. There is no provision for carrying or leaving
a weapon,loaded or unloaded, in a car.
SUMMRY: [The law after HB 600]
O"'r^roaded, licensed pistol may be left in a vehicle, but only
ii the pistbl is locked in the vehicle and concealed from view.
A loaded, licensed pistol may be carried or placed in a vehicle
only if *-he pistol' is carried or the licensee's P-e!'son' fhe '
lfcinsee remains ih the vehicle at all times the pis-tol is there'
"",
ii the licensee ls not present, the pistol is locked within
the vehicle and hidden from view.
Leqislative Report, at 5l-52.
bill reports are
Edmonds Y. PERC'
Legi sl ati ve
See Port of
a-icocae'pinta.bZled sources of -lgSi-slative history'
331 , 336, 6s2- P.2d Bl4 (1985)'
Tilis clea- fromTh'ia piece of legislative history that one of the reasons
'l'l lt: z\'l-l'()ltNl:\' CliNl:lL'\l-
Honorable Kent Pul len
Harch 13, 1987
Page 3
for amending RCl.l 9.41.050 was to make it possible for a loaded pistol
to be carried other than on one's person when that person is in an
automobi I e.
In summary, the plain language of the statute, internal consistency and
legislative intent al I requfre an affirmative answer to your question.
RCI 9.41.050 permits a person who possesses a valid concealed weapon permit,
a.nd who is within a vehicle,.to legally possess a loaded pistol within
the vehicle which is not on his or her person.
ilopefully, the foregoing has been of assistance to you. t Very_.tr9lyloursr- Jf
[#;:^(i Sr. Assistant Attorney General
MH: lcs
cc: Christine 0. Gregoire, Deputy Attorney General
Chip Holcomb, Assistant Attorney General - l'lSP
