washington weapons second-amendment
Removeing critical parts considered safe storage of a gun? &quot;RCW 9.41.360: Unsafe storage of a firearm.&quot;
<p>I wish to store my AR-15 with the BCG (bolt carrier group) removed, rather than use a lock. I prefer this because it's easy to do, easy to undo, and more aesthetically pleasing than the cable lock I have. I would store the BCG in a lock box, with a handgun, making that part's storage as RCW 9.41.360 complaint as the handgun. However, I would store the remainder of the AR-15 on an easily accessible gun rack.</p>

<p>It is utterly inconceivable that someone could make an AR-15 fire without acquiring a proper BCG. It is so improbable that it is arguably more secure than the cable lock. Honestly, I could cut the cable lock with a big enough pair of wire cutters.</p>

<p>Would this method of storage be lawful compliance with RCW 9.41.360?</p>

<p>RCW 9.41.360 says nothing about removing parts necessary to make a complete gun, though, correctly doing so absolutely would render a gun nonfunctional.</p>

<p>It only says: </p>

<blockquote>
  <p>The firearm [must be] 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;</p>
</blockquote>

<p>A prior question that you should ask (in order to understand the law) is what <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.360" rel="nofollow noreferrer">RCW 9.41.360</a> prohibits. Note para (6): "Nothing in this section mandates how or where a firearm must be stored". The part that you should focus on is the part that say "If A, then B". There are two crimes defined, "Community endangerment due to unsafe storage of a firearm in the first degree" (class C felony) and "Community endangerment due to unsafe storage of a firearm in the second degree" (gross misdemeanor). The distinguishing feature of these crimes pertains to the bad act that follows, namely death or person injury for the first degree crime, and discharging, using in a crime, or threatening. Taking the misdemeanor version, first, there has to be involvement by a "prohibited person", and that person does at least one of</p>

<blockquote>
  <p>(i) Causes the firearm to discharge;</p>
  
  <p>(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</p>
  
  <p>(iii) Uses the firearm in the commission of a crime</p>
</blockquote>

<p>A prohibited person is "a person who is prohibited from possessing a firearm under state or federal law". There is no prohibition against storing your firearm in that manner, instead, there is a consequence (for you) if a prohibited person does certain things with your weapon.</p>

<p>The law is not limited to actual potential for a weapon to fire. The purpose of paragraph 3 is to specifically immunize you against prosecution in case a prohibited person gets your firearm. Various exceptions are given, such as lawful self-defense by prohibited person, lawful permission of the parent or guardian and supervised by an adult, or </p>

<blockquote>
  <p>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;</p>
</blockquote>

<p>By the letter of the law, you have not used a device designed to prevent unauthorized use (instead, you have removed a device that enables its use). This being a new law, we cannot tell how the courts will react in case your non-operating firearm is obtained by a prohibited person who then uses the weapon in a crime (plastic guns that don't actually fire are also used in crimes). There exists limited legal precedent regarding exceptions to firearms restrictions and firearms that have been rendered permanently inoperable (machine gun laws), but your plan doesn't do that.</p>

<p>Until case law is created that concludes that the law "really means" that the gun must be rendered inoperable, the courts will interpret the law literally: it has to be in a box, or have an added device designed to prevent its use (regardless of whether it will actually fire). Since this is from an initiative measure, the Washington courts will especially look at the letter of the law. </p>

<p>US law defines the firearm as the <a href="https://en.wikipedia.org/wiki/Receiver_(firearms)#In_US_law" rel="nofollow noreferrer">lower receiver</a>; that is the item which carries a serial number and is controlled and tracked by firearms regulations. Putting the BCG in a lock-box does not count as keeping the firearm secured. If you were to disassemble the AR-15 and put the lower receiver in a lock box then that would be OK (but that isn't what you want to do either).</p>

<p>If a cable lock can be cut so easily then it probably doesn't count as secure storage either.</p>

<p>As for your comment on rendering the gun non-functional, the BCG is a component which is not tracked as a firearm, and would therefore be much easier to obtain than the lower receiver.</p>
