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Thread: Several question I need answer for Open Carry

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    Several question I need answer for Open Carry

    I just bought a Colt 1911A1 and I have chosen to open carry it every chance I get. I am currently trying to get my CPL and waiting for the 30 days now. So I have several questions that I could not find a clean answer to.

    1. As of 2014, can local cities and countries place restrictions on open carry? My current info. says that open carry laws of regulated by state only.

    2. I have no car and I use the Community Transit. According to the person I talked to, the CT is a Municipality and their people told me that I can open carry but the weapon needs to not be loaded. So I wanted to know if number 1 is true, does that I mean I can bring a loaded pistol openly on the bus.

    3. Are all government building illegal to enter with a weapon. My knowledge tells me that libraries are government so I want to know if it is safe to enter.

    Also, before anyone says it. I understand that everyone has privacy rights so I know I must leave a building if asked.

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    Activist Member golddigger14s's Avatar
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    Quote Originally Posted by Seriona View Post
    I just bought a Colt 1911A1 and I have chosen to open carry it every chance I get. I am currently trying to get my CPL and waiting for the 30 days now. So I have several questions that I could not find a clean answer to.

    1. As of 2014, can local cities and countries place restrictions on open carry? NO Laws only say what you can't do. OC is not mentioned anywhere, there fore legal.

    2. I have no car and I use the Community Transit. According to the person I talked to, the CT is a Municipality and their people told me that I can open carry but the weapon needs to not be loaded. So I wanted to know if number 1 is true, does that I mean I can bring a loaded pistol openly on the bus. You must have a CPL to have a loaded gun on a bus/car/motorcyle whether CC or OC.

    3. Are all government building illegal to enter with a weapon. My knowledge tells me that libraries are government so I want to know if it is safe to enter. Only limitation as far as Govt are Federal buildings like Post Office, National Park buildings, court houses. You can OC loaded into the the Capitol rotunda, and all over the Capitol grounds for example.

    Also, before anyone says it. I understand that everyone has personal property rights so I know I must leave a building if asked.
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    That document helped but I think will pull out my mag on the CT just in case. Still not sure about the library issue though but because WA follows traditional British laws, I believe I am safe to enter a library.

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    Activist Member golddigger14s's Avatar
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    Quote Originally Posted by Seriona View Post
    That document helped but I think will pull out my mag on the CT just in case. Still not sure about the library issue though but because WA follows traditional British laws, I believe I am safe to enter a library.
    Right, until you have your CPL you must be unloaded on the bus. After you have your CPL, locked & loaded.

    Pierce County Library rules: http://www.piercecountylibrary.org/a...es-conduct.htm

    "Carrying weapons in violation of state or federal law or leaving a lawfully possessed weapon unattended.
    Displaying weapons 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."

    Carry it, just don't leave it lying around, or wave it around.

    http://forum.opencarry.org/forums/sh...county+library

    Library is a county property, so pre-emption applies. Court case just struck down Seattle's old rule for their libraries. Like I said read through a bunch of the threads, and you will see that a bunch of this stuff has been discussed to the beating of the dead horse point.
    Last edited by golddigger14s; 06-09-2014 at 01:19 AM.
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    Thanks for the help, I have chosen to carry because I believe in the Constitution as well as personal defense. Before anyone ask, I do not keep one in the chamber which is what I meant when I said I will pull my mag out.

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    Quote Originally Posted by Seriona View Post
    That document helped but I think will pull out my mag on the CT just in case.
    Just to clarify, please be aware that removing the magazine isn't enough if you have a round chambered. If you normally do, it would be a bit awkward to unload before boarding a bus (and reload after disembarking), so until you get your license it might be more convenient to carry empty-chamber.
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    As I said above you, I don't keep one in the pipe (I choose to do this just in case of something like this as well as another level of safety).

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    Regular Member Bill45's Avatar
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    I do not want to scare you off but, removing and or inserting a magazine into your 1911 while at a bus stop could be mis-construed as brandishing the weapon. Unless you can accomplish this without removing the pistole from the holster.

    I envision some little ol' lady seeing you pull the gun out to remove the mag and then she screems MAN WITH A GUN and there you are with the .45 held up with a mag in one hand and a startled look on your face. Then the next thing is the swat team and a body cavity search.

    Or am I just being paranoid?

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    Regular Member J1MB0B's Avatar
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    Quote Originally Posted by Bill45 View Post
    I do not want to scare you off but, removing and or inserting a magazine into your 1911 while at a bus stop could be mis-construed as brandishing the weapon. Unless you can accomplish this without removing the pistole from the holster.

    I envision some little ol' lady seeing you pull the gun out to remove the mag and then she screems MAN WITH A GUN and there you are with the .45 held up with a mag in one hand and a startled look on your face. Then the next thing is the swat team and a body cavity search.

    Or am I just being paranoid?
    Which RCW covers brandishing a weapon?

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    I can pull the mag out without moving the weapon in the holster but as long as I do not remove the pistol from the holster (without necessary use) I cannot be charged for a crime.

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    Regular Member Bill45's Avatar
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    Quote Originally Posted by J1MB0B View Post
    Which RCW covers brandishing a weapon?
    This RCW covers the subject but the word "brandishing" is not used.

    RCW 9.41.270 – Weapons apparently capable of producing bodily harm.
    (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

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    Regular Member Bill45's Avatar
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    Quote Originally Posted by Seriona View Post
    I can pull the mag out without moving the weapon in the holster but as long as I do not remove the pistol from the holster (without necessary use) I cannot be charged for a crime.
    That will work.

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    What's a "distaff member"?

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    Quote Originally Posted by Nightmare View Post
    RTFM and STFW: How To Tell You've Seriously Screwed Uphttp://catb.org/~esr/faqs/smart-questions.html
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    Quote Originally Posted by Bill45 View Post
    RCW 9.41.270 – Weapons apparently capable of producing bodily harm.
    (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
    Yeah, but I can't see how strict obedience to the law would warrant alarm.

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    Quote Originally Posted by Difdi View Post
    Yeah, but I can't see how strict obedience to the law would warrant alarm.
    Several cases across the state will show you otherwise. Eating Pizza... Standing beside your vehicle smoking...walking down the street with 2 long guns covered with a towel... the list goes on and on.

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    Fortunately so far, the only responses I had about OC was from people in my apartment complex asking me why and a random old man making a joke about it.

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    Regular Member J1MB0B's Avatar
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    Quote Originally Posted by Bill45 View Post
    This RCW covers the subject but the word "brandishing" is not used.

    RCW 9.41.270 – Weapons apparently capable of producing bodily harm.
    (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


    It was a duh moment, I should have known that, lol. Thanks Bill.
    Last edited by J1MB0B; 06-10-2014 at 02:10 AM.

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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Bill Starks View Post
    Several cases across the state will show you otherwise. Eating Pizza... Standing beside your vehicle smoking...walking down the street with 2 long guns covered with a towel... the list goes on and on.
    Walking your dogs........... very illegal act that


    Quote Originally Posted by Seriona View Post
    Fortunately so far, the only responses I had about OC was from people in my apartment complex asking me why and a random old man making a joke about it.
    You make OC a normal event every time you do this. Welcome to OCDO.

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    Library preemption Seattle

    Quote Originally Posted by golddigger14s View Post
    SNIP



    Library is a county property, so pre-emption applies. Court case just struck down Seattle's old rule for their libraries. Like I said read through a bunch of the threads, and you will see that a bunch of this stuff has been discussed to the beating of the dead horse point.
    Golddigger - could you please cite the relevant case on striking down Seattle's old rule for their libraries?

    I hassled with this last year at my favorite SPL branch.

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Seriona View Post
    I can pull the mag out without moving the weapon in the holster but as long as I do not remove the pistol from the holster (without necessary use) I cannot be charged for a crime.
    Do not depend on this statement. There are LEOs out there who WILL charge you with a crime based on their own knowledge (misinterpretation) of the law. The charges may not stick but as many have discovered: You may avoid the time, but you will not avoid the ride. Interpreted: You might not be convicted or even brought to trial, but it's likely (depending on your locale) that you may be cuffed, stuffed and given a free ride to where you will be processed and detained until arraignment. It is the judge or prosecutor who will decide if the LEOs acted correctly or not.
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    State Researcher Bill Starks's Avatar
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    Quote Originally Posted by JamesCanby View Post
    Do not depend on this statement. There are LEOs out there who WILL charge you with a crime based on their own knowledge (misinterpretation) of the law. The charges may not stick but as many have discovered: You may avoid the time, but you will not avoid the ride. Interpreted: You might not be convicted or even brought to trial, but it's likely (depending on your locale) that you may be cuffed, stuffed and given a free ride to where you will be processed and detained until arraignment. It is the judge or prosecutor who will decide if the LEOs acted correctly or not.
    A case in Vancouver Washington had the following to say in a Columbian Newspaper article...

    Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the strip mall at 5000 E. Fourth Plain Blvd. He simply stood around for 10 or 15 minutes before someone called 911. But further investigation found witnesses who said they felt Kirby was “going into the draw position,” according to police reports.

    feelings got him ticketed.... not an actual crime.

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    Quote Originally Posted by Bill Starks View Post
    A case in Vancouver Washington had the following to say in a Columbian Newspaper article...

    Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the strip mall at 5000 E. Fourth Plain Blvd. He simply stood around for 10 or 15 minutes before someone called 911. But further investigation found witnesses who said they felt Kirby was “going into the draw position,” according to police reports.

    feelings got him ticketed.... not an actual crime.
    Washington's gun laws are the main reason I left last year and moved to Idaho. Open carry has to much risk in Washington with what I call flexible gun laws as you pointed out with Kirby's situation. I like Idaho for its very clear and not as regulated.

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    Activist Member golddigger14s's Avatar
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    Quote Originally Posted by Contrarian View Post
    Golddigger - could you please cite the relevant case on striking down Seattle's old rule for their libraries?

    I hassled with this last year at my favorite SPL branch.
    Actually there was no case. The library when contacted, just flopped over knowing they were wrong.
    http://kuow.org/post/why-seattle-pub...ed-its-gun-ban
    Category E:
    http://www.spl.org/about-the-library...les-of-conduct
    "Carrying, exhibiting, displaying, or drawing any firearm in a manner that demonstrates an intent to intimidate another or that warrants alarm for the safety of other persons." Basically following the RCW. Basically keep your hands off it, don't play with it, don't point it at anybody (unless needed )
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
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    Talking flop at the library

    Quote Originally Posted by golddigger14s View Post
    Actually there was no case. The library when contacted, just flopped over knowing they were wrong.
    http://kuow.org/post/why-seattle-pub...ed-its-gun-ban
    Category E:
    http://www.spl.org/about-the-library...les-of-conduct
    "Carrying, exhibiting, displaying, or drawing any firearm in a manner that demonstrates an intent to intimidate another or that warrants alarm for the safety of other persons." Basically following the RCW. Basically keep your hands off it, don't play with it, don't point it at anybody (unless needed )
    Thank you for the prompt response.

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