imported post
Capn Camo wrote:
The penalty for CCW without a permit is $250 DOLLARS and thats only if the Court gets around to processing it within 48 hours
Go study RCW for yourself, to know the LAW is your responsibility. I do. ITs not my responsibility to explain it to you. Its everyones responsibility to know it for themselves, because I cant be there when/if youre harassed for exerting your RIGHTS. If they do make the mistake of harassing me, be sure I can almost close my eyes and cite RCW.
Heres a little help in getting started:
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050
Actually, Capn Camo, you'd be wise to take your own advice.
RCW 9.41.050 (1)(a) states:
Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.
RCW 9A.20.010 (2)(a) states:
Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.
(emp. added)
Therefore, violation of RCW 9.41.050 (1)(a) is a misdemeanor, which, according to RCW 9A.20.021 (3), is:
Every person convicted of a misdemeanor defined in Title
9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
And for some reason, this is re-iterated in 9A.04.040 (2):
A crime is a felony if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for no more than ninety days. Every other crime is a gross misdemeanor.
The penalty laid out in RCW 9.41.050(1)(b) is not applicable to RCW 9.41.050(1)(a), because it is specifically applied only to 9.41.050(1)(b):
Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so.
Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter
7.80 RCW and shall be punished accordingly pursuant to chapter
7.80 RCW and the infraction rules for courts of limited jurisdiction.
(emp. added)
(The Class 1 Civil Infraction being, of course, the $250 fine)
Therefore, it is incorrect to say that carrying a concealed handgun without a license is a $250 fine, for indeed, it could be up to 90 days in prison
and a $1,000 fine. It is correct to say that carrying a concealed handgun without the license in your immediate possession is a $250 fine, but that, sir, is not what you said. If you think the distinction is arbitrary, that's fine, I agree. It's not me making the distinction though; the distinction is in the law you claim to know so well.
And
that, my dear friend, is why we @#$%ing ask for cites 'round these here parts when you post @#$% like that. It's not necessarily for our edification, but rather, for yours.
Sincerely,
@#$% you.
