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Thread: Getting the nerve Part II

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    I know I am within my rights to open carry provided I stay within the perimeters of law and if the propriator of the business ask me to leave I will comply on his wishes. I guess my only and real concern is this. Howwould one overcome a nusiance or incitement infraction cause if I understand correctlya hell bent PO or PA could probably make this stick, right?

    Dave


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    a nusiance or incitement infraction
    Would you mind explaining a little further? I've never heard of such a thing in WA. What RCW are you refering to?

  3. #3
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    deanf wrote:
    a nusiance or incitement infraction
    Would you mind explaining a little further? I've never heard of such a thing in WA. What RCW are you refering to?
    What I mean is this. I walk into the Pizza Factory and somebody calls the police whether it is a patron of the restaraunt or owner fearing for their life therefore I am the cause of the hysteria.



    Dave



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    Regular Member compmanio365's Avatar
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    Dukester wrote:
    deanf wrote:
    a nusiance or incitement infraction
    Would you mind explaining a little further? I've never heard of such a thing in WA. What RCW are you refering to?
    What I mean is this. I walk into the Pizza Factory and somebody calls the police whether it is a patron of the restaraunt or owner fearing for their life therefore I am the cause of the hysteria.



    Dave

    The only thing they could even attempt to charge you with is the RCW which includes the "warrants alarm" clause......no prosecuting attorney would press that charge because the state has said simply carrying a handgun in a holster does not warrant alarm.......the case would be thrown out the moment it hit a judge's desk. Then you'd have a good case for a civil suit against the offending police department.

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    compmanio365Thank you for your reply and that was the answer I was looking for. It will put my mind at ease...



    Dave

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    Dukester, the chances of someone getting hysterical are really close to zero if you dress fairly well and act like a normal person. You probably have a bigger chance of getting hit by lighting, than running into to someone who causes a scene.

    Think of it this way: If I were black, what are the chances that a white supremacist would openly display their bigotry toward me if I walked into a restaurant? It would be possible, but not very likely. Same thing with OC. You'll read a lot of negative events on this forum, but people tend to not write about their non-events, because they are non-eventful.

    The truth of the matter is that few people will even notice you are OCing, and if they do and ask you about it, chances are that eventually that they will start OCing.

  7. #7
    Regular Member gsx1138's Avatar
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    Take baby steps. That's what I'm doing. I OC in my yard and I'm in an area with many active joggers and walkers. I now wear my gun on my hip holster but with an unbuttoned shirt over it. It sounds ***** but I'm having to work up to just strolling somewhere with my gun open to everyone. And I'm also more worried about the police than the public.
    "Think lightly of yourself and deeply of the world." ~ Musashi

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    Regular Member just_a_car's Avatar
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    I believe what you're talking about it "Disorderly Conduct", which is different between localities, but most fall in line with what the State defines it as. Also, most locality's disorderly conduct statutes do NOT apply to Open Carriers.

    Here's the State's DC law: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.84.030

    As you'll see, half of the law is in regards to funerals and none of which can apply to OC'ers. Actually, it could apply to LEO's that disturb a group of legally assembled OC'ers without lawful authority to do so.
    B.S. Chemistry UofWA '09
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