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Thread: Open Carry vs. Unlawful Carry (RCW 9.41.270) and Tactical Packs

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    Open Carry vs. Unlawful Carry (RCW 9.41.270) and Tactical Packs

    The big question is, who determines what is unlawful carry? My guess is, the concerned citizen or the responding officer, and THEN The judge if you live to see them.
    RCW 9.41.270. http://app.leg.wa.gov/RCW/default.aspx?cite=9.41.270

    I plan to hike my rural property a few days the next week or so in full tactical gear, to see if I've found the right balance of weight distribution, durability, and unfriendly terrain compatible gear. Will have both an AR-15 and a shotgun in scabbards (or one slung, depending on the situation), plus a sidearm in a leg holster, but there are areas where I may have to cross a public road to get to other parts of my own land. Would the State be in the right to charge me with unlawful carry based on the type of weapon or the amount of weapons on my person, on or off my property? Must these weapons be unloaded when carried in this fashion or am I correct in the law does not stipulate the manner of carry, just that I can carry open or concealed provided the weapon matches the class which my permit allows?

    The news coverage on how the police and the state have been interpreting RCW 9.41.270 have always concerned me:
    http://blog.seattlepi.com/seattle911...egarding-guns/

    While I don't consider a rifle in a scabbard a form of brandishing, I'm interested to see if there have been any newer cases than the one cited above where the court dismissed any charges of unlawful carry, in a similar context.

    P.S., while I won't be travelling alone, some of the unwanted companions are a Mountain Lion and a neighbor that has been cited for illegal activity on the property bordering mine (the lion can stay, the neighbor should go). So having an unloaded rifle is not a preferred situation, but the goal is to test the weight and balance, not the tactical readiness.

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  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by FLY1NGSQU1RR3L View Post
    The big question is, who determines what is unlawful carry? My guess is, the concerned citizen or the responding officer, and THEN The judge if you live to see them.
    RCW 9.41.270. http://app.leg.wa.gov/RCW/default.aspx?cite=9.41.270

    I plan to hike my rural property a few days the next week or so in full tactical gear, to see if I've found the right balance of weight distribution, durability, and unfriendly terrain compatible gear. Will have both an AR-15 and a shotgun in scabbards (or one slung, depending on the situation), plus a sidearm in a leg holster, but there are areas where I may have to cross a public road to get to other parts of my own land. Would the State be in the right to charge me with unlawful carry based on the type of weapon or the amount of weapons on my person, on or off my property? Must these weapons be unloaded when carried in this fashion or am I correct in the law does not stipulate the manner of carry, just that I can carry open or concealed provided the weapon matches the class which my permit allows?

    The news coverage on how the police and the state have been interpreting RCW 9.41.270 have always concerned me:
    http://blog.seattlepi.com/seattle911...egarding-guns/

    While I don't consider a rifle in a scabbard a form of brandishing, I'm interested to see if there have been any newer cases than the one cited above where the court dismissed any charges of unlawful carry, in a similar context.

    P.S., while I won't be travelling alone, some of the unwanted companions are a Mountain Lion and a neighbor that has been cited for illegal activity on the property bordering mine (the lion can stay, the neighbor should go). So having an unloaded rifle is not a preferred situation, but the goal is to test the weight and balance, not the tactical readiness.

    Love this forum, love the people here.
    An observation has been made that you could avoid the entire negative connotations by not either going "public" in your actual testing and by not leaving the immediate confines of the primary land, that accessible w/o transversing a public road. Wear your gear for an extensive period of time, perhaps even set up an obstacle course of whatever you have - go over, under and through the barriers as often as necessary to simulate reality.

    Got room on your primary property for a range? The obstacle course could be built and left up at the range - would provide some interesting time shooting from various points.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member solus's Avatar
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    welcome to the forum, and your PI cite you are fretting about is seven years olde and the climate has changed a bit.

    grape's suggestions are exemplary to give you a realistic experience while 'roughing' it.

    my worry would not be the nice sheriffs per se but rather those nice wardens who roam looking for....

    again welcome and enjoy your sojourn in the wilderness...

    ipse
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    You going to war?

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    Quote Originally Posted by solus View Post
    welcome to the forum, and your PI cite you are fretting about is seven years olde and the climate has changed a bit.

    grape's suggestions are exemplary to give you a realistic experience while 'roughing' it.

    my worry would not be the nice sheriffs per se but rather those nice wardens who roam looking for....

    again welcome and enjoy your sojourn in the wilderness...

    ipse
    what do you allege to have changed in the approach of Wash state law enforcement, as you suggest?

    z

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