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Thread: King County Sheriff's Office: "Washington is an 'open- carry' state"

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    http://blog.seattlepi.com/seattle911...ves/182116.asp

    Is Washington an open-carry state regarding guns?

    Q: I have a concealed-weapons license and can carry a handgun on my person concealed. Can I carry the same firearm "open" and not have to worry about someone calling the police on me?

    I've heard that Washington has a "open-carry" law that doesn't require any license as long as the firearm is within full view on a person. Is this true?

    If someone sees me carrying a firearm am I in possible trouble with the law?

    And pertaining to concealment: If I conceal a firearm on my person but you can see the outline of the gun is this cause for concern or is it OK as long as it's "concealed?"

    A: Here's information from the King County Sheriff's Office:

    Washington is an "open- carry" state. That means a person may openly carry a firearm (pistol, rifle or shotgun) in public without a concealed-pistol license.

    Of course, as with any other "right" there are exceptions. A firearm may not be taken into a courtroom, jail, school, bar or parts of airports, for example.

    In addition, there may be limits as to age, felon, DV conviction, protection order, or specific court order. …

    RCW 9.41.270 provides that it is unlawful for a person to carry, exhibit, display or draw any firearm in a manner, under circumstances, and at a time and place that either manifests intent to intimidate another or that warrants alarm for the safety of other persons. A violation is a gross misdemeanor.

    This statute is very fact-specific, but in general, merely walking around in public with the gun properly secured in an exposed holster does not constitute a violation.

    A court will consider "time, place, manner" factors, such as the time of day, whether the area is residential, urban or countryside, the manner in which the weapon is being carried, the size and type of weapon, whether the clip is visibly attached, high-crime area, whether the person waved it around, tossed it when stopped, etc.

    . . .

    What might be acceptable behavior on a country road in hunting season would be cause for alarm in an urban residential neighborhood in a high crime area at night. Nonetheless, again typically carrying a properly holstered gun openly will not pass sufficient muster for a violation.

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    Regular Member sudden valley gunner's Avatar
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    Mike wrote:
    http://blog.seattlepi.com/seattle911...ves/182116.asp


    A: Here's information from the King County Sheriff's Office:

    RCW 9.41.270 provides that it is unlawful for a person to carry, exhibit, display or draw any firearm in a manner, under circumstances, and at a time and place that either manifests intent to intimidate another or that warrants alarm for the safety of other persons. A violation is a gross misdemeanor.

    This statute is very fact-specific, but in general, merely walking around in public with the gun properly secured in an exposed holster does not constitute a violation.

    A court will consider "time, place, manner" factors, such as the time of day, whether the area is residential, urban or countryside, the manner in which the weapon is being carried, the size and type of weapon, whether the clip is visibly attached, high-crime area, whether the person waved it around, tossed it when stopped, etc.

    . . .

    What might be acceptable behavior on a country road in hunting season would be cause for alarm in an urban residential neighborhood in a high crime area at night. Nonetheless, again typically carrying a properly holstered gun openly will not pass sufficient muster for a violation.
    They are trying to use high-crime area, time of day, type of weapon, as violating the law?,,,,,,,jeez.....sly buggers,
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:
    Mike wrote:
    http://blog.seattlepi.com/seattle911...ves/182116.asp


    A: Here's information from the King County Sheriff's Office:

    RCW 9.41.270 provides that it is unlawful for a person to carry, exhibit, display or draw any firearm in a manner, under circumstances, and at a time and place that either manifests intent to intimidate another or that warrants alarm for the safety of other persons. A violation is a gross misdemeanor.

    This statute is very fact-specific, but in general, merely walking around in public with the gun properly secured in an exposed holster does not constitute a violation.

    A court will consider "time, place, manner" factors, such as the time of day, whether the area is residential, urban or countryside, the manner in which the weapon is being carried, the size and type of weapon, whether the clip is visibly attached, high-crime area, whether the person waved it around, tossed it when stopped, etc.

    . . .

    What might be acceptable behavior on a country road in hunting season would be cause for alarm in an urban residential neighborhood in a high crime area at night. Nonetheless, again typically carrying a properly holstered gun openly will not pass sufficient muster for a violation.
    They are trying to use high-crime area, time of day¬*, type of weapon, as violating the law?¬*,,,,,,,jeez.....sly buggers,
    They are not trying to use it, it is the courts that have said that is what must be considered to determine if a violation has occurred. They talk about it in Spencer.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member sudden valley gunner's Avatar
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    So its legal but if I inadvertantly walk through what the police consider a high crime area than its PC? That sucks.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:
    So its legal but if I inadvertantly walk through what the police consider a high crime area than its PC? That sucks.
    Unfortunately it may be according to the courts. This is why the law needs to be re-worded.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member Machoduck's Avatar
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    "The circumstances" that would preclude legal open carry would not include your living in that neighborhood, nor would they include your visiting there, etc. In fact, I think the onus would be on the cops to prove that your situation was part of "the circumstances" that would warrant concern for safety etc. This doesn't mean that you won't get a hard time but that's what cops do. Educating them is what we do. Remember, that that explanation by the S.O. was directed at the population as a whole, meaning everybody, including criminals.

    MD

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    joeroket wrote:
    sudden valley gunner wrote:
    So its legal but if I inadvertantly walk through what the police consider a high crime area than its PC? That sucks.
    Unfortunately it may be according to the courts. This is why the law needs to be re-worded.
    I had a thread about this very subject - for exactly that reason .... it should be clearly defined and not prohibitive.

    Check it out. http://opencarry.mywowbb.com/forum55/31272.html- feel free to comment.

    Bat
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    Its just not how I read the law, the area or time of day shouldn't determine if I am wrong in what I am doing, this is a reaching attempt. Was this court decision, a lower court or from Washington's Supreme court?

    I will continue to carry no matter where if it is allowed by the RCW's.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    So if you are OCing in a "high crime area", which is a good reason for you too carry, it is also PC for cops to harrass you? The circular logic makes me dizzy.

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    cbackous wrote:
    So if you are OCing in a "high crime area", which is a good reason for you too carry, it is also PC for cops to harrass you? The circular logic makes me dizzy.
    I still say they have to have RAS I was engaged in unlawful activity.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:
    cbackous wrote:
    So if you are OCing in a "high crime area", which is a good reason for you too carry, it is also PC for cops to harrass you? The circular logic makes me dizzy.
    ¬*I still say they have to have RAS I was engaged in unlawful activity.
    It is the wording of .270 that purports to give them RAS. They could likely argue that because of the high amount of gun crimes or armed robberies in the area that you carrying a firearm at night in this area could warrant the alarm for the safety of others. This is how the courts have viewed it and will continue to do so until the law is changed.

    It was State v Spencer that took this view.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member amlevin's Avatar
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    cbackous wrote:
    So if you are OCing in a "high crime area", which is a good reason for you too carry, it is also PC for cops to harrass you? The circular logic makes me dizzy.
    They ar just checking to see that YOU are not part of the reason the area is considered "High Crime":celebrate
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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