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Prosecuter decision in open carry case near

hartsf

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Mar 25, 2010
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Vancouver, WA, , USA
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Maybe a lawsuit should be filed---the ONLY thing that drives change is a lawsuit and a HUGE cash settlement for violating Mr. Kirby's open carry rights.

Then, maybe the VPD and Prosecutor's Office would think twice and use much better judgment than they did in this case.

We either fight for our rights....or lose them.
 

Ajetpilot

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Olalla, Kitsap County, Washington, USA
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glock23 wrote:
http://www.columbian.com/news/2010/mar/23/prosecutor-decision-in-open-carry-case-near/

By John Branton
Columbian staff writer

Originally published March 23, 2010 at 7:46 p.m., updated March 23, 2010 at 7:54 p.m.



Vancouver’s city prosecutor says he hopes by Thursday to make a decision in the controversial case of a man whom police ticketed for openly displaying a holstered, loaded gun outside an Albertsons strip mall.
He must be having a really hard time making this decision. I don't know what is hard about it. The man was within his rights; the LEO screwed up; sodrop the case, apologise to the man, hope he doesn't sue, and move on. Seems simple to me.
 

deepdiver

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Apr 2, 2007
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Southeast, Missouri, USA
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35 rounds in 3 mags? In an XP [sic] .45?? WTF? It said loaded in the gun and in 2 extra mags...

XD45 compact takes 10 or 13 round mags, regular size takes 13 round mags.

2-10s+1-13=33
2-10s +1-13+1 in the pipe=34
1 -10 + 2-13+1 in the pipe=37
3-13s=39
ETC.

There is no way for an XD45 with fully loaded mags, with or without one in the pipe, to have 35 loaded rounds. Didn't say he had any loose rounds in his pocket.

Perhaps one of the mags wasn't fully loaded. Just one more at least appearance of erroneous reporting among the other issues pointed out above.
 

Jeff Hayes

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Long gone
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I know several peoplethat do not top off spare mags, they always, on purposeleave out the top 1 or 2 rounds,dont ask me why.
 

antispam540

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Apr 17, 2008
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Poulsbo, Washington, USA
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Orphan wrote:
I know several peoplethat do not top off spare mags, they always, on purposeleave out the top 1 or 2 rounds,dont ask me why.
Helps keep the springs from wearing out. That's why you also swap out magazines every month and let the springs rest.
 

unknownsailor

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Oct 25, 2008
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Bremerton, WA
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It is the repeated loading/loading cycle that wears out magazine springs. The only reason to leave a round out of a magazine is if it is difficult to seat with the slide closed, like with an AR or a Glock.

You can leave a magazine loaded for years and the spring will be just fine. USGI 1911magazines from WWII have been found still fully loaded 50 years later, and they work just fine.
 

Batousaii

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Jun 16, 2009
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Kitsap Co., Washington, USA
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Just replaced the springs in my CZ75 after 15+ years of being loaded. Obviously did an amount of loading and unloading, shooting, replacing ammo etc. The springs were softer than i remember them being brand new, but were still functioning and locking the slide open without fail. I simply replaced them because they were cheap, and i wasupgrading the factory recoil and extractor springs anyways. Yes, springs last allot longer than i thought, well, good ones anyways.

For Topic... Anyone have any news how this case is going, i hope the family is doing ok.

Bat
 

John Hardin

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Snohomish, Washington, USA
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Ajetpilot wrote:
He must be having a really hard time making this decision. I don't know what is hard about it. The man was within his rights; the LEO screwed up; sodrop the case, apologise to the man, hope he doesn't sue, and move on. Seems simple to me.
He's desperately hoping the media attention will die down so that the case can be quietly dropped without further embarrassing the city...
 

gogodawgs

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Oct 25, 2009
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Federal Way, Washington, USA
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This is a quote in the comments section:
The City of Vancouver pursued criminal prosecution in under very similar circumstances in the end of last year. Judge Schreiber dismissed the allegation finding that the 'no reasonable jury could find the essential elements of the crime.' The City of Vancouver appealed the dismissal. Judge Barbara Johnson heard oral argument on the matter last week. She should issue a ruling within the next couple weeks. I would expect her opinion to give the City direction in how to dispose of this case.

swwattorney [/b]— March 28, 2010 at 7:40 p.m. ( permalink | suggest removal )

http://www.columbian.com/news/2010/mar/24/prosecutor-decision-in-open-carry-case-near/
 
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