Washington state magazine capacity and concealed carry question

[Frank Ettin]

Anecdotes and opinions unsupported with legal authority aren't helpful.

 

[Frank Ettin]

...At 4:45 minute of video, issue of out-of-state visitor "transporting" larger than 10 round capacity magazine into WA state then "transporting" same magazine out of state is addressed and clarified as not "importing"....[/MEDIA]

I wouldn't say he clarifies anything. Kirk's reading conflicts with the plain language of the statute. I wouldn't rely on his reading unless he can cite some case law supporting it.

 

[tominboise]

I have no intention on being the test case for this. 10 round mags for me.

 

[bearcreek]

RickD and/or Frank, do either of you have an opinion about my question regarding mags purchased in Washington?

 

[RickD427]

So I could carry the magazines that I bought in WA when traveling there?

RickD and/or Frank, do either of you have an opinion about my question regarding mags purchased in Washington?

Please keep in mind that IANAL and can't give legal advice. The way that I read the statute, if you had the magazines in Washington, and you're the one who removed them from the state, then you can bring them back into the state. That conduct squarely fits into the statutory exception to the definition of "import."

But it's also important to note that the Washington law is pretty much a "Paper Tiger" from an enforcement standpoint. The law does not prohibit simple possession and violation of the law is a gross misdemeanor. The max penalty is 365 days in jail. Washington law only permits LEO's to make immediate arrests for misdemeanors and gross misdemeanors if the offense occurs in the officer's presence. So unless the nice officer is right there when you cross the border into the state, and the officer finds your large-capacity magazine when you cross the border, you're not going straight to jail. To realistically make a case, the LEO would have do show through investigation that you imported the magazine, and then file charges with the prosecutor and get an arrest warrant.

If you do this, I would advise that you also carry some evidence that you previously possessed the magazines while in Washington. As a rule, the burden of proof in a criminal case is on the prosecution. But in this instance, that burden is to show importation. You're relying on an exception. I now live in Washington, but I've never been involved in the enforcement of Washington law. My LEO days were in Alaska and California. Under California law, such exceptional cases were "Affirmative Defenses" to a charge and the burden of proof fell upon the defendant to show the exceptional conduct.