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Thread: Has anyone on this site been arrested for open carry in Washington State?

  1. #1
    Regular Member Freedom1Man's Avatar
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    Has anyone on this site been arrested for open carry in Washington State?

    This is not in full detail just a summary of what happened.

    I was wondering if anyone else has been arrested in Washington state also? If so what happened to you. Did you go to jail?
    Did you get charged in court? What where you charged with?
    Etc.

    The name of a good lawyer for a case like this would be good also.
    Last edited by Freedom1Man; 04-15-2012 at 11:43 PM.

  2. #2
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    What were you cited for? Were you just cuffed and let go? Did the Cops take your ID? Where were you at? Was it City Cops or Sheriffs Department?

    So many questions because of so little info.
    Last edited by Jeff Hayes; 04-15-2012 at 12:56 PM.

  3. #3
    Campaign Veteran gogodawgs's Avatar
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    A good lawyer is Lizanne Pedula out of Bellevue http://paduladefense.com/ Her partner is David Newman of Rainier Law http://www.rainierlaw.com/

    Why are you out walking with an AR? Is it just an exercise of your rights? Or did you have other business?

    Are you familiar with State v Spencer? http://forum.nwcdl.org/index.php?act...a=view;down=25
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    Regular Member Vitaeus's Avatar
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    Sounds like you need a good lawyer, what municipality was this in? We don't need details, but that would help get you suggestions for resources appropriate to your case.

  5. #5
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by gogodawgs View Post
    A good lawyer is Lizanne Pedula out of Bellevue http://paduladefense.com/ Her partner is David Newman of Rainier Law http://www.rainierlaw.com/

    Why are you out walking with an AR? Is it just an exercise of your rights? Or did you have other business?

    Are you familiar with State v Spencer? http://forum.nwcdl.org/index.php?act...a=view;down=25
    Exercise of rights. After reading that case the court contradict itself left and right. Also I don't carry over my shoulder, I carry across my back. The other issue that was not addressed in that case, that should have been addressed, is the right to travel. I have the right to travel on the public roads. If I were to use an automobile it would be perfectly legal to have a hard case with loaded clips on hand and the rifle within quick reach. So that case, if he had not focused on just the RTKABA but the Right to Travel also I believe that the law would have been found unconstitutional period.



    The time I was arrested I did not have the AR15 on me at all.

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    Campaign Veteran MSG Laigaie's Avatar
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    Aside from the fact that I think your approach to OC is confrontational (my opinion) if what you did was legal I may support you.
    As for a LEO who may/may not have known you were legal.........well. If they knew you (prior experience) and knew you were legal, the drawn weapon is a bit much. This happened to me recently in Bellingham, Washington. Officer Allen Bass attempted to intimidate me and drew his service weapon, pointing it directly at my stomach. I filed a complaint with Bellingham PD, litigation is in progress. If your information is accurate, I strongly suggest you pursue the matter.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Campaign Veteran slapmonkay's Avatar
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    Sorry to hear of your continuing problems in Monroe, Freedom. I have yet to have a problem in front of Monroe pd, sherrif and state.

    You shave your face and clean up? Use Tac holster still?
    I Am Not A Lawyer, verify all facts presented independently.

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    This is my opinion and only mine..

    But why we're you putting yourself out there to the cops to be stopped in the first place? What was the reason for even having your ar15 at the time?

    Yes your within your legal rights, but I don't see the necessity of it, your just asking to be stopped, questioned and harassed.

    "Sent via the Skyrim messenger service"

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    Quote Originally Posted by spikedzombies View Post
    This is my opinion and only mine..

    But why we're you putting yourself out there to the cops to be stopped in the first place? What was the reason for even having your ar15 at the time?

    Yes your within your legal rights, but I don't see the necessity of it, your just asking to be stopped, questioned and harassed.

    "Sent via the Skyrim messenger service"

    No offense, but its sort of speaking with a forked tongue to say its a right, but then question the necessity of it. If one genuinely and fully supports a certain right, necessity doesn't enter into it. The only person who gets to determine the necessity is the fellow to whom the right belongs.

    Was he testing the police? Maybe. But, even that is totally fair. There is no reason whatsoever citizens cannot test and verify that government respects rights and uses only the authority it has. In fact, citizens should pay lots more attention to government and give it lots more oversight.

    Was he just making a statement? Maybe. Still totally fair. To my mind, OCing an AR is just as protected as OCing a handgun. OCing an AR may be highly uncommon, but it is not government's place to say whether it is OK. It is not government's place to say it is suspicious. Government has no legitimate say in it at all until he starts to give objective signals that he is going commit a crime with it.

    Rights are rights are rights are rights. We would all do well to examine the subject of rights in some detail, including what it cost to get them, what it cost to maintain them, and government's activity regarding them. How else can we defend and keep them if we don't really understand them and their value.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member Metalhead47's Avatar
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    C'mon guys, read what the OP actually said!

    HE WAS NOT CARRYING A RIFLE WHEN THE INCIDENT IN QUESTION OCCURRED!

    The fact that he was, at some point in the past, harassed for open carrying an AR has very little relevance to this thread.

    STOP BLAMING THE VICTIM HERE!
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  11. #11
    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Metalhead47 View Post
    The fact that he was, at some point in the past, harassed for open carrying an AR has very little relevance to this thread.STOP BLAMING THE VICTIM HERE!
    Yes, it does have relevance. After going thru the same procedure in a prior instance, did they(officers involved) not learn from their mistake...... or..... are they targeting you after going thru the same procedure in the past. Sounds petty, does it not?
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member Fallschirmjäger's Avatar
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    My opinion (for what it's worth as an "out of stater").......

    1) Carry on as you have before. Don't let their actions dictate YOUR rights.
    2) Carry less in your pockets. (As you noted, your papers and effects were seized, don't carry what you don't absolutely need.) For instance, my driving license stays in my car, where I need it to drive. I don't need a driving license to walk. The only things in my pocket 99% of the time is an ATM card and my firearms license (as that's necessary to openly or concealed in my state.)

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    Quote Originally Posted by Freedom1Man View Post
    I got everything back after I was released from the car but still.

    I took notes after I was released.
    Wait a minute. You said you were arrested: "...I was ordered up against the back of the cop car and arrested, then the who had pulled his gun on me holsters his gun after the cuffs are on me."


    Which was it? An arrest or a detainment?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  14. #14
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    Quote Originally Posted by Freedom1Man View Post
    False arrest, read my rights and handcuffed, then transported to a new location. While at new location they figured out they had screwed up and released me at the site of the new location. They were hauling me off to jail until a call came in telling them to hold off. So it was while headed to jail, someone got hold of them, they stopped, talked to 3rd cop, 3rd cop did not seem happy with them for arresting me.

    I am being vague on purpose until I can talk to an lawyer. Then if possible I want this case on the local news.
    Got it. Thanks for clearing it up.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  15. #15
    Regular Member TechnoWeenie's Avatar
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    If it happened the way you say it did, they are SO screwed....

    My advice.... talk to a lawyer (olypendrew is another good resource), delete all posts in this thread, and S T F U about it .




    When you post 'your story', it gives people time to change their reports.... and information to put in there that they wouldn't have otherwise..
    Last edited by TechnoWeenie; 04-15-2012 at 10:39 PM.
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    Campaign Veteran slapmonkay's Avatar
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    I would lawyer up for sure. I would submit a FOIA for records also. Takes about 3 weeks to get radio transmittions/phone calls from snopac, might want to put a freeze request on the records. Given location and time in PM I could do this or your lawyer can.
    I Am Not A Lawyer, verify all facts presented independently.

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    Last edited by OC-moto450r; 08-02-2012 at 07:44 PM.

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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by TechnoWeenie View Post
    If it happened the way you say it did, they are SO screwed....

    My advice.... talk to a lawyer (olypendrew is another good resource), delete all posts in this thread, and S T F U about it .




    When you post 'your story', it gives people time to change their reports.... and information to put in there that they wouldn't have otherwise..
    Olypendrew is not in state right now...I think he's on a vacation...
    Live Free or Die!

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Exercise of rights. After reading that case the court contradict itself left and right. Also I don't carry over my shoulder, I carry across my back. The other issue that was not addressed in that case, that should have been addressed, is the right to travel. I have the right to travel on the public roads. If I were to use an automobile it would be perfectly legal to have a hard case with loaded clips on hand and the rifle within quick reach. So that case, if he had not focused on just the RTKABA but the Right to Travel also I believe that the law would have been found unconstitutional period.



    The time I was arrested I did not have the AR15 on me at all.
    Don't forget that a major component of Spencer was his demeanor not just the manner he was carrying.

    A right is a right I don't buy into the don't hurt it for us attitude other gun owners tend to display.

    I was falsely arrested too. The PD will claim it was a detention, but it was an arrest. When guns come out or you are handcuffed and threatened it passes investigatory detention and becomes arrest. Especially when they know what you are doing is legal and stop you anyway that is an arrest.

    Monroe police have singled you out as someone they don't like it appears or trying to make an example of you. Did you video this latest encounter?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  20. #20
    Regular Member amlevin's Avatar
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    For anyone who tuned in late, it appears that all pertinent information has been deleted/removed.

    I'll just wait for the movie.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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  21. #21
    Opt-Out Members BigDave's Avatar
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    If one is out looking for conflict, likely one would find it. I viewed the video and the main focus was about looking for a negative law enforcement encounter. Notable comment is that citizens should thank law enforcement for wasting tax payers money when it appears he wasted tax payers money by making a spectacle of himself.
    Walking down a road way and impeding traffic with a rifle slung across his back and likely as other described here with tac-holster, cammo ..... who would not except calls coming in from concerned citizens and open carry is about normalizing not becoming an exhibitionist.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
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    Regular Member Metalhead47's Avatar
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    Quote Originally Posted by BigDave View Post
    If one is out looking for conflict, likely one would find it. I viewed the video and the main focus was about looking for a negative law enforcement encounter. Notable comment is that citizens should thank law enforcement for wasting tax payers money when it appears he wasted tax payers money by making a spectacle of himself.
    Walking down a road way and impeding traffic with a rifle slung across his back and likely as other described here with tac-holster, cammo ..... who would not except calls coming in from concerned citizens and open carry is about normalizing not becoming an exhibitionist.

    How exactly does one normalize a behavior without going out & actually DOING it?

    "Walking down a road way and impeding traffic" with a pistol in a belt holster... might get calls coming in from concerned citizens some places.
    It is very wise to not take a watermelon lightly.

  23. #23
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Metalhead47 View Post
    How exactly does one normalize a behavior without going out & actually DOING it?

    "Walking down a road way and impeding traffic" with a pistol in a belt holster... might get calls coming in from concerned citizens some places.
    My post was related to his video post, many in Washington State walked down many roads in their everyday activities with near a second look, and some who go looking for conflict find it, why is that?
    Last edited by BigDave; 04-16-2012 at 12:43 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  24. #24
    Regular Member DocWalker's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    That is kidnapping.
    Agreed it is kidnapping and INTIMIDATION. I love the castapo tactics, isn't America great.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Metalhead47 View Post
    How exactly does one normalize a behavior without going out & actually DOING it?

    "Walking down a road way and impeding traffic" with a pistol in a belt holster... might get calls coming in from concerned citizens some places.
    Funny how some attack the citizen and not the LEO there is no such thing as entrapping law enforcement officers. I find nothing wrong with citizens proactively policing the police. You know why it's so easy to get into a conflict with cops? Because they are looking for a conflict!
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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