Darkside 03-10-2003, 06:15 PM Jason,
Sunday you and I where discussing WA Gun laws and the open carry law. Below is the question I posed to my Ciminal Law Prof. The RCW that covers this is also attached for your reading. However basically what it states is that there is NO open carry law in WA.
Darkside
Seems you are right Michael. Better be careful where you
go hunting...print this and bring it to class. thanks,
Dr. C
In message 488 on Sunday, March 9, 2003 5:41pm, Michael
Levenson writes:
>I was having a discussion about WA gun laws and I
>believe that WA did at one time have an open carry law
>but that has been revolked. Others that I was talking
>with feel that there still is. Below is the RCW stating
>why I feel that there is no open carry law. Am I
>correct?
>
>RCW 9.41.270 Weapons apparently capable of producing
>bodily harm -- Unlawful carrying or handling -- Penalty
>-- Exceptions. (1) It shall be unlawful for any person
>to carry, exhibit, display, or draw any firearm, dagger,
>sword, knife or other cutting or stabbing instrument,
>club, or any other weapon apparently capable of
>producing bodily harm, in a manner, under circumstances,
>and at a time and place that either manifests an intent
>to intimidate another or that warrants alarm for the
>safety of other persons. (2) Any person violating
>the provisions of subsection (1) above shall be guilty
>of a gross misdemeanor. If any person is convicted of a
>violation of subsection (1) of this section, the person
>shall lose his or her concealed pistol license, if any.
>The court shall send notice of the revocation to the
>department of licensing, and the city, town, or county
>which issued the license.
>
> (3) Subsection (1) of this section shall not apply
>to or affect the following:
>
> (a) Any act committed by a person while in his or
>her place of abode or fixed place of business;
>
> (b) Any person who by virtue of his or her office
>or public employment is vested by law with a duty to
>preserve public safety, maintain public order, or to
>make arrests for offenses, while in the performance of
>such duty;
>
> (c) Any person acting for the purpose of protecting
>himself or herself against the use of presently
>threatened unlawful force by another, or for the purpose
>of protecting another against the use of such unlawful
>force by a third person;
>
> (d) Any person making or assisting in making a
>lawful arrest for the commission of a felony; or
>
> (e) Any person engaged in military activities
>sponsored by the federal or state governments.
>
>
>[1994 sp.s. c 7 § 426; 1969 c 8 § 1.]
>
>NOTES:
>
tidbit 03-10-2003, 07:20 PM Where's our Squadron lawyer to sift through the statement when you need him!!... I'm :confused:
Rated R 03-10-2003, 07:35 PM Huh....Did someone call?
Darkside 03-10-2003, 07:35 PM I believe your legal services are in need by Tid as he is having some issue getting all this down. hehe
JasonC 03-10-2003, 07:54 PM 1) It shall be unlawful for any person
>to carry, exhibit, display, or draw any firearm, dagger,
>sword, knife or other cutting or stabbing instrument,
>club, or any other weapon apparently capable of
>producing bodily harm, in a manner, under circumstances,
>and at a time and place that either manifests an intent
>to intimidate another or that warrants alarm for the
>safety of other persons.
I guess it would have to be proven what ones intent was... I mean, if I carried my Sig 220 in the open (holstered), it would have to be proven I was doing so for reasons of intimidation. Also, I think one would have to prove their safety (or others) was in jeopardy.
If this is not the case, then any hiker encountering a hunter carrying a rifle could say he felt intimidated and call the police.
About 2 years ago, I was cleaning my AK-47 outside on the patio. One of the neighborhood "do-gooders" decided to call the cops on me. About a half hour later (after I had finished and cleaned everything up). I heard a BANG,BANG, BANG at the front door. It was the King Count Sheriffs Dept. SWAT team. They were at my back door and had the place surrounded. I answered the door and the officer explained they had a call from a concerned neighbor. They stated the complaint was I was running around the back yard with a rifle. I then explained to them I was cleaning it, and I usually do this outside because my wife hates the smell of Hoppe's No. 9 (its a firearm cleaning solvent). He smiled and asked a few more questions. He then turns to his partner and says I hate these "do-gooder" neighbor types. The other officer said, "Yeah", and then they left. BTW, they kept insisting to come inside the door and "talk" to me. I told them they could not come in unless they had a warrant and we could talk outside. I know I look and act stupid at times but I do know what my rights are. :crash :yesnod
unknownpharoah 03-10-2003, 08:13 PM Never invite or "gesture" that it is ok for the cops to enter. Then all your rights go bye bye:fact
tidbit 03-10-2003, 08:47 PM still trying to find an avatar josh?
unknownpharoah 03-10-2003, 10:09 PM haha I think I like this one.:fact
Rated R 03-10-2003, 11:27 PM Originally posted by unknownpharoah
Never invite or "gesture" that it is ok for the cops to enter. Then all your rights go bye bye:fact
Not true, you can revoke permission at any time...well at least until they find that bag of weed, 6 foot bong, and dead hooker in the corner. :fact
unknownpharoah 03-10-2003, 11:34 PM Originally posted by Rated R
Not true, you can revoke permission at any time...well at least until they find that bag of weed, 6 foot bong, and dead hooker in the corner. :fact :lol :lol :lol
Originally posted by Rated R
Not true, you can revoke permission at any time...well at least until they find that bag of weed, 6 foot bong, and dead hooker in the corner. :fact
The law speaks. :lol :lol :lol :lol
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