Brandishing in Oak Harbor WA

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Rumor today that a fellow was harassed at Ace Hardware for carrying a firearm. Rumor has it he was bending over to pick up something and a lady saw his gun stowed in his waist band, Oak Harbor PD was called. Rumor also has it Oak Harbor Police threatened to arrest him for Brandishing!



Maybe the lady just saw plumbers crack and was offended! :shock:



Any one else heard of this incident?

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Another advnatge to open carry - the act of unconcealing can be prosecuted as "brandishing" depending on the circumstances, and certainly charged as such. I can provide Va. S. Ct. cite if you need it - and that was for unconcealing a flare gun!

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Mike wrote:

Another advnatge to open carry - the act of unconcealing can be prosecuted as "brandishing" depending on the circumstances, and certainly charged as such. I can provide Va. S. Ct. cite if you need it - and that was for unconcealing a flare gun!

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Not in Wa. We do not have a brandishing law per se. The person still needs to do something that would warrant cause for alarm or actions that would intimidate. Merely bending over and exposing a weapon is unlawful in Wa.

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joeroket wrote:

Mike wrote:

Another advnatge to open carry - the act of unconcealing can be prosecuted as "brandishing" depending on the circumstances, and certainly charged as such. I can provide Va. S. Ct. cite if you need it - and that was for unconcealing a flare gun!

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Not in Wa. We do not have a brandishing law per se. The person still needs to do something that would warrant cause for alarm or actions that would intimidate. Merely bending over and exposing a weapon is unlawful in Wa.

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In WAopen carry is legal! If he were open carrying and then his firearm became concealed and had no CPL he would be in violation of concealing with no CPL. Story (rumor) is hehad a CPL, so his conceal at this point simply became open carry. No violation! Brandishing because someone simply saw a gun as they bent over is BS on the LEO part.

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The cop can threaten all he wants to, but unless he arrests the gun and conficates the gun it is pure BS as ther was no branishing. The is no requirement to keep your weapon completely concealed or at all for that matter. I think joeroket miss spoke himself and meant to say "Not unlawful in Wa".

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Bear 45/70 wrote:

The cop can threaten all he wants to, but unless he arrests the gun and conficates the gun it is pure BS as ther was no branishing. The is no requirement to keep your weapon completely concealed or at all for that matter. I think joeroket miss spoke himself and meant to say "Not unlawful in Wa".

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Ohh yes I meant not unlawful. Thanks Bear.

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Sounds like this "event" was mostly Rumor.



on the issue of "Buttcrack" I wonder if it looked anything like this when he left the scene?

http://chickennutbread.blogspot.com/2006/03/crack-is-whack.html


or maybe this:

http://lh4.ggpht.com/sabbyAZ/SAa3Be6QkdI/AAAAAAAAAus/FAgvsgGrKQw/s1600-h/ads016%5B4%5D.jpg
Now THAT's offensive :what::what:

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amlevin wrote:

Sounds like this "event" was mostly Rumor.

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Update:

Just told that this story came directly form the folks who work at ACE Hardware in Oak Harbor. As I hear ACE was not theinvolved in reporting to police andsupport carry, butwitnessed the event in their store. Told they were shocked by the event. I'm sure if anyone wanted more info they could call ACE Hardware, the name I was given was Scott who works the Gun counter who witnessed, or Kevin. I’ve met them both in the past, real nice gents.

Not sure why the store didn’t tell police to leave, as I understand that ACE is not corporation, but privately owned. I would have also thrown the whistle blower out of the store for causing a commotion.








Edited for update.

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amlevin wrote:

Sounds like this "event" was mostly Rumor.

on the issue of "Buttcrack" I wonder if it looked anything like this when he left the scene?

http://chickennutbread.blogspot.com/2006/03/crack-is-whack.html

or maybe this:

http://lh4.ggpht.com/sabbyAZ/SAa3Be6QkdI/AAAAAAAAAus/FAgvsgGrKQw/s1600-h/ads016%5B4%5D.jpg
Now THAT's offensive :what::what:

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Personally, I'd prefer to see this (and of course, replace the guy with a girl... dude with a thong *twitch*):

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Oh my gosh you got me laughing now, what a great shot. I would have got in a car wreck if that whizzed by me.

Christ I am really on the floor just had a vision of Bear on that motor bike, lord have mercy.:lol: