Legality of Hanging a Gun on the Wall in Washington State

[SkinnyGrey]

I hope this is the right forum for this question. If it is not, forgive me in advance.

So Washington State recently enacted a law which states, I believe, that firearm owners must have their guns locked up while they are not in use. I own three safes and comply fully with this law. However, I was wondering about the legality of hanging a gun on the wall for decoration. My father left me some really interesting older guns (M1903, Luger, a Winchester 1895, WW2 1911...) and I would love to have a couple of them shipped out to me and hang them in my home. So what is legality here? Would it be legal if I removed the firing pins? Would it be legal if I had them locked against the wall? Are certain firearms exempt because they are considered antiques? Any information and/or advise which would help me in legally hanging up a couple of guns in my home would be appreciated.

 

[D.B. Cooper]

I hope this is the right forum for this question. If it is not, forgive me in advance.

So Washington State recently enacted a law which states, I believe, that firearm owners must have their guns locked up while they are not in use. I own three safes and comply fully with this law. However, I was wondering about the legality of hanging a gun on the wall for decoration. My father left me some really interesting older guns (M1903, Luger, a Winchester 1895, WW2 1911...) and I would love to have a couple of them shipped out to me and hang them in my home. So what is legality here? Would it be legal if I removed the firing pins? Would it be legal if I had them locked against the wall? Are certain firearms exempt because they are considered antiques? Any information and/or advise which would help me in legally hanging up a couple of guns in my home would be appreciated.

Not to be crass, but, is this what we, as a people, have been reduced to? You have to ask someone if it's okay to display your family heirloom gun on your own wall in your own home?

On a more serious note, check the legal definition of "locked up" in the new regulations, which should be posted online. It may be possible to place a trigger lock on the gun and display it without running afoul of the law. Personally, I'd be more concerned about someone breaking in and stealing it than getting some sort of citation or charge from law enforcement.

PS: I'm not a lawyer. I never played one on tv, and I didn't sleep in a Holiday Inn last night. You should seek professional legal counsel if necessary.

 

[LaneP]

Not to be crass, but, is this what we, as a people, have been reduced to? You have to ask someone if it's okay to display your family heirloom gun on your own wall in your own home?

On a more serious note, check the legal definition of "locked up" in the new regulations, which should be posted online. It may be possible to place a trigger lock on the gun and display it without running afoul of the law. Personally, I'd be more concerned about someone breaking in and stealing it than getting some sort of citation or charge from law enforcement.

PS: I'm not a lawyer. I never played one on tv, and I didn't sleep in a Holiday Inn last night. You should seek professional legal counsel if necessary.

That's what you want to do, check for their definition of a "locked up" gun. In MA, a trigger lock satisfies that requirement. Just for humor when MA passed that law several years ago someone pointed out that the way the law is worded, the musket hanging on the wall of the legislative chamber is illegal unless a lock was put on it. Don't remember how they resolved that.

 

[SkinnyGrey]

Not to be crass, but, is this what we, as a people, have been reduced to? You have to ask someone if it's okay to display your family heirloom gun on your own wall in your own home?

On a more serious note, check the legal definition of "locked up" in the new regulations, which should be posted online. It may be possible to place a trigger lock on the gun and display it without running afoul of the law. Personally, I'd be more concerned about someone breaking in and stealing it than getting some sort of citation or charge from law enforcement.

PS: I'm not a lawyer. I never played one on tv, and I didn't sleep in a Holiday Inn last night. You should seek professional legal counsel if necessary.

Thank you, my friend!

 

[SkinnyGrey]

For the people who have already commented and future people who have the same query, evidently a trigger lock will suffice. But, I am not a lawyer either, so do some research on your own to double check.

 

[Trey Veston]

I believe the law states that the guns need to be secured to prevent unlawful access by a prohibited person. If you have underage kids and convicted felons living in your home, then they need to be locked up.

I have a shotgun over my door. I live alone. And I live in the formerly free state of Washington. Screw the commies in Washington State.

Seriously though, the law is worded so that if someone breaks into your house or vehicle and steals a gun that wasn't in a gun safe or whatever, you can't be charged under the new law because they gained access to your firearms illegally.

 

[RETG]

https://app.leg.wa.gov/RCW/default.aspx?cite=9.41


RCW 9.41.360
Unsafe storage of a firearm.
(1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm:
(a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or
(b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and:
(i) Causes the firearm to discharge;
(ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or
(iii) Uses the firearm in the commission of a crime.
(2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW.
(b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Subsection (1) of this section does not apply if:
(a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm;
(b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;
(c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or
(d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken.
(4) If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.
(5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.
(6) Nothing in this section mandates how or where a firearm must be stored.

 

[D.B. Cooper]

https://app.leg.wa.gov/RCW/default.aspx?cite=9.41


RCW 9.41.360
Unsafe storage of a firearm.
(1) A person who stores or leaves a firearm in a location where the person knows, or reasonably should know, that a prohibited person may gain access to the firearm:
(a) Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm; or
(b) Is guilty of community endangerment due to unsafe storage of a firearm in the second degree if a prohibited person obtains access and possession of the firearm and:
(i) Causes the firearm to discharge;
(ii) Carries, exhibits, or displays the firearm in a public place in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; or
(iii) Uses the firearm in the commission of a crime.
(2)(a) Community endangerment due to unsafe storage of a firearm in the first degree is a class C felony punishable according to chapter 9A.20 RCW.
(b) Community endangerment due to unsafe storage of a firearm in the second degree is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Subsection (1) of this section does not apply if:
(a) The firearm was in secure gun storage, or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm;
(b) In the case of a person who is a prohibited person on the basis of the person's age, access to the firearm is with the lawful permission of the prohibited person's parent or guardian and supervised by an adult, or is in accordance with RCW 9.41.042;
(c) The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense; or
(d) The prohibited person's access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement agency in the jurisdiction in which the unauthorized access or theft occurred within five days of the time the victim of the unlawful entry knew or reasonably should have known that the firearm had been taken.
(4) If a death or serious injury occurs as a result of an alleged violation of subsection (1)(a) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose or would defeat the purpose of the law in question.
(5) For the purposes of this section, "prohibited person" means a person who is prohibited from possessing a firearm under state or federal law.
(6) Nothing in this section mandates how or where a firearm must be stored.

Two words: Jury Nullification.

 

[Kleanbore]

Two words: Jury Nullification.

Why would any juror so vote?

 

[Zaydok Allen]

I realize the laws are the laws, but I find the notion that locking your home when there are no children in residence to be insufficiently "locked up" just utterly wretched.

I pity anyone who lives under such over reaching legislation, even if all other living circumstances are good.

Edit: Sorry, I know that doesn't help, but man this kind of stuff bugs me. It sounds like trigger locks will suffice.

 

[Browning]

With the way that’s worded would a locked glass case suffice?


I used to display WWII firearms from Germany, Finland and the former Soviet Union and that’s what I used.

 

[dogtown tom]

Two words: Jury Nullification.

Yeah, that's a good legal strategy.
Jury nullification occurs so rarely it's embarrassing that people think it's something to count on during a trial.
Of the thousands of criminal cases involving the possession or use of firearms in the USA.........how many were nullified by the jury BECAUSE the jury was predominately Second Amendment advocates? I'll bet a big fat zero.

 

[<*(((><]

Ridiculous law aside (had to get that in there)

By the law is it still considered a firearm needed to be locked up if the firing pins have been removed? I would check into that as well. If it's as simple as rendering them useless, then removing the pins and storing them in a locked safe seems like a no brainer.

 

[1KPerDay]

That's what you want to do, check for their definition of a "locked up" gun. In MA, a trigger lock satisfies that requirement. Just for humor when MA passed that law several years ago someone pointed out that the way the law is worded, the musket hanging on the wall of the legislative chamber is illegal unless a lock was put on it. Don't remember how they resolved that.

They put a frickin trigger lock on it.

 

[cjwils]

As I read section 3 (d) in the law quoted by RETG, if your house is locked up and someone obtains your guns by breaking in, then you are protected from this law regardless of whether the guns were locked up, provided you report the illegal entry in time.

 

[RETG]

That's how I read it too. And that is supposed to be directly our of WA's legal codes.
I guess I would love to see a non-functioning weapon added to that legal list; IF I LIVED IN WA. I know a guy who has some rifles displayed over his fireplace in TN, and he has removed the firing pins from them all. And I would do the same if I ever displayed a gun on the wall.

 

[whughett]

Let us not forget these laws are enacted by “elected representatives “. If all one is doing is voting on Election Day then perhaps one isn’t doing enough.

 

[Old Dog]

I still reside in Washington (for now, retirement looms). I have an old-fashioned four-gun rack on the wall in my man-cave (cannot see in this room from outside and it's a back room in master master bedroom suite). I typically keep my favorite four old politically-correct blued-steel walnut-stocked long guns (Win. Model 70 in .30-06, Rem, Wingmaster .12-ga, Marlin 336 .30-30 and Ruger 10-22) up to remind me of the good 'ol days. These guns have their bolts and firing pins in with no trigger locks (I do have a cable with padlock running discretely behind the guns and through the trigger guards, around the frame of the rack).

It's totally legal.

This room is locked when visitors (rare) come over and no prohibited persons ever enter my home (even the extended family members are all over 21 now).

Let us not forget these laws are enacted by “elected representatives “.

Ah, no. In this state, formerly possessed of excellent (read: lack of) gun laws, the most recent and egregious laws have all been enacted through the initiative process. One's electorate must either be educated, or the state not controlled by one single, vile, liberal-leaning populous county filled with nitwits, illegals, drug addicts, and snowflakes. Regrettably, we have neither here.

 

[whughett]

Retirement, Florida’s a nice gun friendly state

 

[Bruce D Pease]

That's what you want to do, check for their definition of a "locked up" gun. In MA, a trigger lock satisfies that requirement. Just for humor when MA passed that law several years ago someone pointed out that the way the law is worded, the musket hanging on the wall of the legislative chamber is illegal unless a lock was put on it. Don't remember how they resolved that.

They put a trigger lock on it. Can’t have our AG getting her panties in a bunch.

 

[Thibaut]

I don't know but I think you got some good advice here, the gist of which is, It is your responsibility to know the laws of your state as relates to your unlocked guns.

Good luck and I hope you get to hang your heirlooms on the wall. I have always admired the look.

 

[Kleanbore]

I don't know but I think you got some good advice here, the gist of which is, It is your responsibility to know the laws of your state as relates to your unlocked guns.

I agree.

Good luck and I hope you get to hang your heirlooms on the wall. I have always admired the look.

So have I. However, I do not think that I would hang any firearm of value on a wall these days unless it were inside a vault.

 

[BLB68]

Here's a link to the WA AG's office FAQ on i1639:

https://www.atg.wa.gov/initiative-1639

Specifically:

https://www.atg.wa.gov/initiative-1639#6 secure storage

 

[BLB68]

Do note, however, that SEATTLE has its own safe storage law, despite state preemption. It has yet to be overturned. So, if you live in Seattle proper, then you're looking at a whole other "law" to deal with, at least for now.

 

[herrwalther]

My first thought is to demill something to hang up. Cheap milsurp rifles or the like. Nothing at all like what you listed. My worry, as mentioned, would also be theft. In your case, I would take very high quality pictures of the items and put print outs in frames. You can still look at them and avoid the legal problems with safe storage.