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Thread: looking for WA court case on how merely OCing is not considered "brandishing"

  1. #1
    Regular Member Alpine's Avatar
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    looking for WA court case on how merely OCing is not considered "brandishing"

    Hey everyone, I thought I saw something in the WA gun pamphlet, but I also searched the forums and couldn't find it.

    Does anyone know a WA court case where the court specifically stated that merely OCing is not considered "brandishing?" I thought I remembered seeing one but I can't find it now. Thanks!

  2. #2
    Regular Member skeith5's Avatar
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    Re: looking for WA court case on how merely OCing is not considered "brandishing"

    State vs. Casad. I believe there is also a state vs. Spencer.

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    Campaign Veteran slapmonkay's Avatar
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    Relevant WA court cases can be seen on nwcdl.org.

    http://forum.nwcdl.org/index.php?PHP...ownloads;cat=4
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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by Alpine View Post
    Hey everyone, I thought I saw something in the WA gun pamphlet, but I also searched the forums and couldn't find it.

    Does anyone know a WA court case where the court specifically stated that merely OCing is not considered "brandishing?" I thought I remembered seeing one but I can't find it now. Thanks!
    First, there is no "Brandishing" statute in the state of Washington. Only 9.41.270 comes to a similar ideal...

    Quote Originally Posted by slapmonkay View Post
    Relevant WA court cases can be seen on nwcdl.org.

    http://forum.nwcdl.org/index.php?PHP...ownloads;cat=4
    Yes read the relevant cases and include Maciolek as well.
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  5. #5
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    Most states with "brandishing" statues either say or have been ruled to require "touching and moving" the firearm and some add "in a menacing manner".

    So just having it on your hip is not brandishing.

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