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

Alpine

Regular Member
Joined
Aug 10, 2012
Messages
671
Location
Idaho
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!
 

skeith5

Regular Member
Joined
Sep 19, 2012
Messages
356
Location
United States
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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gogodawgs

Campaign Veteran
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Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
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...


Yes read the relevant cases and include Maciolek as well.
 

davidmcbeth

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Jan 14, 2012
Messages
16,167
Location
earth's crust
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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