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Living with the threat of Public Menace charge and other concerns

sudden valley gunner

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Does this come back to the logic that everything is legal unless its expressly illegal? Are citizens only expected to know the common sense laws? In other words, if I get charged with violating a statute of which I wasn't familiar - will my ignorance of it get the charges dropped?

BTW, if you couldn't tell from my posts - I'm in favor of OC - and I truly am learning a lot from all of these thoughtful posts and about some of my misconceptions. Thanks a lot for your great input!

Absolutely! (your bolded part)

This doesn't mean that prosecutors, judges, police and juries think so they have eroded our Blackstone/common law legal foundation.

Mens rea and Actus reaus is often not even considered anymore, and in my opinion unconstitutionally and unlawfully so.

Rio where do you live if you are in Bellingham area message me we can meet you will see it really isn't a big deal. I OC everywhere, even to the police department or sheriff's office, and to Banks. We can't let the vocal minority win against irrevocable rights.
 

Ken56

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Welcome to the boards Rio. OC is a COMMITMENT to a belief that we are free men, just as the founders intended. You will find that it is a process to deprogram yourself as you learn the Law and your rights as opposed to what we have been led to believe. I can only suggest that you read and re read the laws involved in carrying and come to the boards to discuss them and ask questions. Then study your constitutional rights and KNOW them. I am still learning things myself here and I still review the laws all the time. I have been OCing since last summer and have not had any incidents with LEO as yet. IT DOES GET EASIER the more you do it and your confidence grows. I beleive you will come to really enjoy it as your nerves calm down. If you OC you must be prepard to maybe take a "ride" one day....... thats part of standing up for your rights. knowlege is power.
 

deanf

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“Some people get the urge to “flash” their gun, or they wear a short vest or jacket fully with the intention of allowing the bottom end of their holster to project out from below the garment.”

Where in the world does he get that idea? I've never known such a person. This fantasy-opinion hybrid is completely without basis.
 

Jeff Hayes

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There is no right to carry openly in Washington State. Rights are irrevocable. But until RCW 9.41.270 is revised and the interpretive language is removed, any one of sketchy public or pushy LEO or activist judge can get you into a heap of trouble. So please, let's just stop pretending and not keep hoping that we get lucky every time we OC.

RioDio Welcome to the boards.

You will not find any laws that make anything legal including OC.

I OC almost every where I go and have for 3 years give or take without incident in 8 western states I might add.

I guess in you opinion I am a lucky man, in my opinion I am a free man.

I was pretty nervous the first few months. Like SVG said it takes some time to overcome the brainwashing.
 

Dave_pro2a

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OC is a COMMITMENT to a belief that we are free men

Also a commitment to the principle/ideology that unless something is expressly forbidden by law, then it is legal. You know, the stuff this country was founded on.
 

Jeff Hayes

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Should I post the picture???

Yep start with the governors office pic I took of you and then the one with the Attorney General, that should do it.

Should we tell Riodio about the time Ralph Facitelli (SP but I don't care) tried to get several of us arrested at the state capitol or maybe the time the news reporter called the cops on us at Manitoe Park and they refused to respond saying we were doing nothing unlawful.
 

gogodawgs

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So first there is me standing in the Capital building directly in front of the Governor's office.... not arrested.

230721_1341371790855_1728023493_611934_686947_n.jpg


Well then of course there is this one....

180460_1270803066681_3553042_n.jpg
 

slapmonkay

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Welcome Rio.

State vs Spencer and
State vs Casad is a court case rulings that helps define 9.41.270, in short it says the mere presence of a openly or visual firearm is not a violation of the statue and does not provide RAS for a stop. You can download the case at the below link:

http://forum.nwcdl.org/index.php?action=downloads;sa=view;down=9


You can also download an AGO opinion that carrying a firearm by itself does not provide RAS:

http://forum.nwcdl.org/index.php?action=downloads;sa=view;down=59


A short excerpt about state vs Spencer:
RCW 9.41.270(1). Alarm is “warranted”if the circumstances are such that a reasonable person would be alarmed. State v. Spencer, 75 Wn. App. 118, 124, 876 P.2d 939 (1994), reviewdenied, 125 Wn.2d 1015 (1995). While it is not unlawful for a person to merely possess a firearm in public, the statute at issue does not violate one’s right to bear arms because “n the vast majority ofsituations, a person of common intelligence would be able to ascertain when the carrying of a particular weapon would reasonably warrant alarm in others.” Spencer, 75 Wn. App. at 123-24. When determining whether the evidence is sufficient to prove unlawful display, the trier of fact considers circumstances such as: (1) the type of neighborhood in which the weapon was carried; (2) the time of day; (3) the urban environment; (4) the manner in which the weapon was carried; (5) the size and type of weapon; and (6) whether the weapon had a visibly attached clip. Spencer, 75 Wn. App. at 123n.4

...


Casad’s appellate counsel conceded that she would personally react with shock, but she emphasized that an individual’s lack of comfort with firearms does not equate to reasonable alarm. We agree. It is not unlawful for a person to responsibly walk down the street witha visible firearm, even if this action would shock some people
 
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Dave Workman

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On Friday I got pulled over for speeding near Anacortes. I had my pistol in the glovebox becuase I'd left from work and can't carry at work. I chose to hand my CPL to the cop (Yes, I know that I did not have to).

The cop asked me where my pistol was and I replied "In my glove compartment".

He said 'It's against the law to not have it on your person, when in the car, and he could write me a citation for that".
I asked him which RCW stated that it was illegal, to which he responded "It's not a written law it's a common sense law".

I asked "How could he write a citation for a non written law?"
His response was that "It was written in the [Workman] Booklet".:eek:

My reply that Workman's booklet was a fine piece of research and opinion; but was not the law, and that the Attorney General had specifically published an opinion that stated it was not illegal, earned me a road side lecture that I did not need.

The upshot was that showing my CPL did not get me out of a speeding ticket but did extend a simple traffic stop for much longer than I cared for. I won't make that mistake again!



Well, this copper completely misinterpreted (perhaps deliberately) what he read.
On Page 15 of the current edition, it is clearly stated that having the gun in a console, on the floor under a seat or in the glove box is legal. There's a quote from the AG's opinion dated way back in 1987, and that hasn't changed.

What this guy evidently did is read what he wanted to read and understand what I wrote the way he wanted to, not how the law works, or what is actually stated in the text.

I strongly suggest carrying the gun on your person while driving for any number of reasons, the most important being the security of the firearm if you:

a) have children in the car (or perhaps somebody who goes pawing around and finds a gun he or she can't resist putting their hands on...)
b) get into a crash where a loaded gun that could end up flying around with enough centrifugal force to cause a discharge (bad enough being in a crash, worse still if you get plugged in the butt by your own gun in the process)

If this guy equated my suggestion on the level of a safety concern with what the law allows, that's nobody's fault but his own. BTW: There's no such thing in our firearms statutes as "common sense law." I'm wondering where the hell that came from?





Now: Rio, you wrote:
In chapter 4, 'Concealed and Open Carry', the book, in no uncertain terms, claims that an individual may be arrested and 'rightfully so' for OC or even 'printing' while CC and charged with 'public menace' under RCW 9.41.270 AND have their CPL revoked!

Where does it state that a person may be arrested "and rightfully so" for OC? I didn't say that and what I wrote can't possibly be read to say I said that. I was talking about a nasty habit of some people to "flash" their guns when they are carrying concealed. This is hardly the same as having a firearm exposed by a sudden gust of wind. This addresses the people (and we've probably all encountered someone like this) who just can't resist showing the whole world they're packing a piece, when they ought to keep the thing covered up, if that's their intent. Open carry is discussed elsewhere in the chapter.

This chapter details the problems one faces with 9.41.270 (1) and a look at many of the encounter reports in this forum over the years bears that out, particularly down in Clark County. If it was up to me, I'd trash 270 (1) in a heartbeat, because it gives far too much latitude to nervous nellies who cringe at the sight of a firearm carried in a peaceable manner. The whole basis of that tenet was a fear in the legislature back in the late 1960s about the Black Panthers showing up like they did in Sacramento — I believe the year was 1967 — with loaded rifles. Pretty lame, but that one rests with the Legislature.

It's good that Casad narrows the scope of 270 (1) but because it is an unpublished opinion (and nobody has ever come up with a good reason why it was unpublished) it can't be used in court, but that didn't prevent me from quoting the most important paragraph of the ruling, on page 20 of the current edition.

Now, far as Nick/GoGoDawgs is concerned, I encourage everyone to trot down to Champion and buy everything on the shelves and give all the credit to Nick for getting you into the store, so maybe he gets a raise :) He needs the gas money!
 

MSG Laigaie

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I'm glad you've experienced successful results from your experiments. But this comes right back to the problem of making decisions based upon what you believe should-or-should-not be legal, and making recommendations based upon those opinions. Until the law explicitly states that open carry is permitted, you are going to have the problem where every other citizen, cop or whoever has a different answer to the question, 'Is WA an OC state?'.

My OC is not an experiment, it is a way of life. "Is Washington an OC State?" yoo betcha! The problem with other people is just that, a problem with 'other' people. If you feel uncomfortable while OCing, people can see that and you look dangerous. Try making a coffee meeting or two. If you are in B'ham, message me and we can meet. SVG could be there too. Strength in numbers.
 

Trigger Dr

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Dave,
Was not there a case a few years back (5-6) in Tacoma when a Ft Lewis Sgt opened his coat and exposed his pistol, to "motivate" some kids away from his house? IRRC he was arrested and convicted.
 
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Dave Workman

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Our State Constitution has stronger wording in many opinions than the federal constitution.

Since they license and call CC a privilege that would leave OC as the only way to bear arms without our right being impaired. I personally feel a CC license is also an impairment or infringement, and would prefer what some are calling constitutional carry, no license at all.

I agree rights are irrevocable, but that hasn't stopped the state ( I use this word for government in general both on federal and local levels) from doing exactly that. Look how they have watered down all our fundamental rights, in the fallacious rational of "state interests".

I like how Workman stated in a story at a meet when someone from the East coat asked him "They let you carry guns here?"
His reply "They don't let us do anything". That was a great response and one we need to remember when it comes to all our fundamental rights.

SVG: You are absolutely correct that Article 1, Section 24 is stronger than the 2A on the individual right. I think that's why Arizona copied it verbatim when the territory became a state, several years after WA achieved statehood back in 1889, Nov. 11.

Back in 1935 when CC was first adopted, the licensing / permit system was sort of a way to tell the good guys from the bad guys because it was the common notion of the period that only no-goodnicks and low-down skunks carried pistols covered up. If a copper spotted somebody with a bulge under his coat, all the good citizen had to do was produce the license to carry concealed and that was the end of that. No-goodnicks didn't get the permits. But that was then and this is now.

It's not common knowledge but I managed to cool some jets a couple of years ago when — and I cannot recall off hand who suggested it in a phone call to me but it was someone from a law enforcement agency — it was hinted that maybe there would be a move to ban OC in the legislature.

My reply was something like this: "Super. You just go ahead and try that. We'll be in court not only challenging such a ban, but also demanding that the state immediately be enjoined from charging a fee or even requiring a license to carry concealed, because BEARING arms is constitutionally protected under A1.S24, and if you remove one means of doing that, you have to allow the alternative free from fees or licenses." That was pretty much the end of that conversation and the subject never came up again, at least not with me.

Say, while I have your attention...is there anyplace I can get a copy of the court ruling re: Bellingham in your case?
 

Dave Workman

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Dave,
Was not there a case a few years back (5-6) in Tacoma when a Ft Lewis Sgt opened his coat and exposed his pistol, to "motivate" some kids away from his house? IRRC he was arrested and convicted.

Yeah, I think that's correct, but I only have a vague memory of that. I'd have to dig into the Pierce County Superior Court archives. I think it was more than 5-6 years ago, though.
 

Dave Workman

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There is no right to carry openly in Washington State. Rights are irrevocable. But until RCW 9.41.270 is revised and the interpretive language is removed, any one of sketchy public or pushy LEO or activist judge can get you into a heap of trouble. So please, let's just stop pretending and not keep hoping that we get lucky every time we OC.

Rio: I think you fundamentally misunderstand our state constitution and court precedent.

RCW 9.41.270(1) — which I explained earlier and it still sucks — doesn't prevent people from carrying openly, but it does leave them vulnerable to the whims of everybody else in their immediate vicinity. In Washington, if it is not specifically prohibited by statute, then it is legal. The problem comes not entirely from "pushy LEO" or nervous private citizens, or even activist judges and prosecutors, but as a combination of those PLUS (and watch me get flamed for this) the behavior of some folks who OC.

I know people such as our own Jim Beal (DEROS) and Nick Smith (GoGoDawgs) who OC all the time and to my knowledge, they've never had a problem. That's what happened the other night at the Gingrich thing, and they walked right up to Newt and by their account, he didn't bat an eyelash.

Others, however, have had more than one run-in with the cops, and it's never been adequately explained to me how that happens. I did get a call from a very pro-gun pal of mine on the Seattle police department about the behavior of an OC guy who told me flat out: "You sure don't want that guy being your ambassador!"

Uhhh, ooookay!

Point being, OC is constitutionally protected but bad behavior isn't, if you understand what I'm saying. It's in the same vein as what I write in my book about people who CC but just can't resist flashing their guns. Like Jay Leno says..."How stupid is that?" If you want people to know you have a gun, just OC (and maybe follow the "Beal Rule of etiquette") but if your intent is to carry concealed, carry CONCEALED dammit and don't be a show off.

For a time I used to carry an N-frame Smith in .41 Mag with a 6-inch bbl in an old Safariland shoulder holster under nothing more than an old OD shirt or a light field jacket. I'd go to the mall with my family, eat in restaurants, hit the grocery store...and nobody had a clue I was packing. You can successfully cover a big gun if you know how to do it right. I did the same thing with my 6-inch Python and a 6-inch Model 19.

But I've run into people who couldn't cover up a J-frame Chief's Special because they just really didn't want to. I saw one guy get stopped on the streets of North Bend one time several years ago with a pearl-handled J-frame that he as deliberately carrying so the grip would flash from behind the front of his vest. I'm standing maybe ten feet away with a fully covered Model 19 6-inch and the cops dealing with this other guy didn't know I was armed and behind them. He was looking for attention and he got it. I was minding my own business and just went on my way after the show was over.
 

Jeff Hayes

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(and watch me get flamed for this) the behavior of some folks who OC.

Not by me.

Others, however, have had more than one run-in with the cops, and it's never been adequately explained to me how that happens. I did get a call from a very pro-gun pal of mine on the Seattle police department about the behavior of an OC guy who told me flat out: "You sure don't want that guy being your ambassador!"

I think this is a problem with some OCers. It seems that some can not resist the look at me factor. I OC almost all of the time and have never had a problem, I have never even been asked to leave anywhere. Even though I have had contact with Law Enforcement not one of them has ever even mentioned my firearm. I just go about my business in a normal manner. I have wondered many times why Jim, Nick, myself and several others never have any problems and others always seem to have problems. It can't just be that we are lucky, older (sorry Nick), better dressed etc it has to be because of the way we present ourselves in public.
 

jt59

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Exactly what is so inherently wrong with "sloppy conclealment?" For example: winter time, wearing a coat/jacket, my gun will probably be under the jacket. Lets say I go into a store and I get warm so I unzip my jacket. My gun may become intermittently visible under my unzipped jacket. So what? Isn't it normal for people to unzip their jackets when they enter somewhere that is too warm to keep it zipped, but they don't want to take it off completely? The only issue I see with this is that if a LEO sees the gun become completely concealed they can ask me for my CPL and I would be required to produce it. Other than that, I am just acting in a way that is normal for people to act who aren't carrying a gun.

zactly!
 

Jeff Hayes

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Well, my run-in with the police happened because I was eating dinner in a restaurant at dinner time. Dressed very similar to this (without the santa hat):

22473124191477942115758.jpg


It was another customer who called the cops, the restaurant management had no problems with my presence. Sometimes it just happens.

Nice hat Navy, You are correct sometimes it just happens and eventually it will happen to me as well. I was referring to the OCers that have incident after incident not the occasional incident and not necessarily with LE either.
 

Dave Workman

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Well, my run-in with the police happened because I was eating dinner in a restaurant at dinner time. Dressed very similar to this (without the santa hat):

22473124191477942115758.jpg


It was another customer who called the cops, the restaurant management had no problems with my presence. Sometimes it just happens.

Well, THAT explains everything!
You've simply GOT to wear that Santa hat. Even in July. Even if you go naked. The Santa hat simply DOES IT for you!

:)
 
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