imported post
Mike wrote:
do not open carry in WA state Mexican carry with a locked & cocked handgun. period. It is illegal under this opinion inWA and the next criminal charge will probably be made correctly under state and not city law.
I did read the opinion, and I apologize for misrepresenting the summary. Yes it was dismissed for a completely different technicality. The comments about waistband carry were not favorable, but were not relevant to the reason the case was dismissed.
It is my understanding that the comments about the condition of carry were not legally binding. They are an accurate set of expectations should this sort of case ever come before this judge in the future, but they are not legally binding precedent. I hope I haven't misunderstood that detail.
In any case, I believe quite strongly that cases like this are areas where we can reaffirm the right to open carry as an absolute right, and strike down the vague clause in
RCW 9.41.270. This man did not hire a lawyer at all, and got off mostly out of luck. With proper defense, I believe that the argument can be made and won that open carry is precisely whatis protected in the WA State Constitution, and that any restrictions on mode of carry are unreasonable when based only on what laymen fear might happen. The law should be clear that it does not matter how you carry it if you are able to safely control it.The choice of how to carry should be a choice, not a limitation on our rights. I believe the letter and intentof the laware clear and on our side, but the legal interpretationsvary too much for my comfort. With good defense, a solid high level precedent could be set that clarifies the interpretation.
This is why I disagree with your advice. I personally always carry with a holster, but I think advising people to avoid waistband carry for legal reasons is a step in the wrong direction. Once we are clear on that point, advising someone to carry in a holster is a matter of retention, appearance, and speed of draw... all things in which we have a choice.
--Sandy (WA)
PS - Sorry to put WA issues in the PA forum. My relevant comment has already been made, that the decision of whether to call police should not be made based on whether the gun is carried in a holster. I believe this line of thinking leads in the wrong direction, so I spoke up. Even if you put in an item like "Do you believe that the person is up to no good?" you can still be wrong and put an inoccent person through hassle that he does not deserve. If this ever happens, please include an item on there for apologizing if the person turns out to be no threat.