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Thread: New to the forum. Legal question

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    Hello everyone! My name is Michael (or Mike). I'm new to the website! I can sure say it's an honor to officially be a part of this forum. I recently moved to Washington State from Minnesota, so I'm just familiarizing myself with all of the state laws regarding the possession and carry or a firearm.

    I noticed R.C.W. 9.41.300 has a clear description on where firearms are prohibited, which included

    The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34

    (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;


    (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;

    (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or

    (e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.


    Another R.C.W. read that you cannot carry in a manner that warrants alarm. Warrants alarm sounds very subjective, and I had one main concern. You see, I have a condition called chronic flatulence disease, and I often can't control my gas. It'll occur at the worst possible times, especially out in public. I can be doing every day activities, such as shopping, walking my dog, or jogging, and suddenly I'll have the worst gas ever, and it's never silent. It's very embarrassing. It's not uncommon for me to (forgive my slang here) shart myself as well, so I often carry around an extra pair of underwear and pants.

    Anyway, I am bringing this up, because I wasn't sure if it was cause to warrant alarm to the public. If they hear me or see me passing gas/sharting, will it be enough to warrant alarm and cause panic, considering I would be carrying my firearm? (Please be aware that my firearm would remain in it's holster at all time) but considering it's so close to my back side, I don't know what the law would say about this.

    Serious question. I am somewhat nervous to start open carrying in this wonderful state because of this issue.


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    Campaign Veteran gogodawgs's Avatar
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    Michael Salmon wrote:
    Hello everyone! My name is Michael (or Mike). I'm new to the website! I can sure say it's an honor to officially be a part of this forum. I recently moved to Washington State from Minnesota, so I'm just familiarizing myself with all of the state laws regarding the possession and carry or a firearm.

    I noticed R.C.W. 9.41.300 has a clear description on where firearms are prohibited, which included

    The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34

    (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;


    (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;

    (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or

    (e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.


    Another R.C.W. read that you cannot carry in a manner that warrants alarm. Warrants alarm sounds very subjective, and I had one main concern. You see, I have a condition called chronic flatulence disease, and I often can't control my gas. It'll occur at the worst possible times, especially out in public. I can be doing every day activities, such as shopping, walking my dog, or jogging, and suddenly I'll have the worst gas ever, and it's never silent. It's very embarrassing. It's not uncommon for me to (forgive my slang here) shart myself as well, so I often carry around an extra pair of underwear and pants.

    Anyway, I am bringing this up, because I wasn't sure if it was cause to warrant alarm to the public. If they hear me or see me passing gas/sharting, will it be enough to warrant alarm and cause panic, considering I would be carrying my firearm? (Please be aware that my firearm would remain in it's holster at all time) but considering it's so close to my back side, I don't know what the law would say about this.

    Serious question. I am somewhat nervous to start open carrying in this wonderful state because of this issue.

    Welcome to OCDO.

    9.41.270

    (1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
    NOTICE: It does not say 'warrants alarm' it says 'warrants alarm for the safety of other persons' Do not remove the gun from the holster and it will not be unsafe. Do not handle the weapon in the holster and it will not be unsafe.

    While this is viewed as a poorly written law it is important to note that it is not subjective in the sense of another person 'feeling' alarmed. There needs to be some behavior surrounding it that would cause a safety concern.

    However notice the first part of the final phrase, do not intimidate another with intent. Again, someone cannot 'feel' intimidated, rather 'intent' would need to be shown against the complaintant.
    Live Free or Die!

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    Regular Member OrangeIsTrouble's Avatar
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    lol sharting troll.




    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

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    It was a good one though. I gotta admit. At least he kept it friendly.

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    Regular Member Batousaii's Avatar
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    I dont think he's a troll, i would guess an honest case of being humorous to breach anotherwise dryquestion, get a few chuckles, and say hello to the forum.

    If that be the case, Hello and Welcome to OCDO.

    Where as sharting in and of itself might not be a crime, it could warrant alarm, at least if accompanied by a violent air burst potentially knocking people down.

    Bat


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    Regular Member OrangeIsTrouble's Avatar
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    Aaron1124 wrote:
    It was a good one though. I gotta admit. At least he kept it friendly.
    At first I thought it was some dude joining just to get some free legal advice. Then I scrolled past all the RCW bs and saw the chronic farting thing and I was like....lolwut?

    You and I are going to feel like dog crap if this guy is forrealz and does have a chronic shart disease and is truly sincere.


    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

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    Regular Member Batousaii's Avatar
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    Poo .....

    --- My avatar likes your new avatar ALOT.

    - lol
    ~ ENCLAVE vmc ~
    The Enclave is looking for patriotic motorcycle riders in Washington State who support liberty and freedom for all. ~ Check us out!
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    * " To be swayed neither by the opponent nor by his sword is the essence of swordsmanship." - Miyamoto Musashi.

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    Regular Member OrangeIsTrouble's Avatar
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    Batousaii wrote:
    Poo .....

    --- My avatar likes your new avatar ALOT.

    - lol
    Which are you seeing the full body one or the top half one?? Not sure if my new one from 10 minutes ago has taken effect yet

    Due to UNPOPULAR demand (one PM from some random dude about children on here) I switched to another avatar... people see worse at the beach...


    Been harassed by the police? Yelled at by the anti-gun neighbors? Mother doesn't approve?

    Then this is the place for you! Click here to get back at them!

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    don't forget to read RCW 70.108.150

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    Poosharker wrote:
    Batousaii wrote:
    Poo .....

    --- My avatar likes your new avatar ALOT.

    - lol
    Which are you seeing the full body one or the top half one?? Not sure if my new one from 10 minutes ago has taken effect yet

    Due to UNPOPULAR demand (one PM from some random dude about children on here) I switched to another avatar... people see worse at the beach...
    Oh no, someone didn't pull a "for the children", did they? They did? Aw geez, and I thought we left that kind of stupid with Mrs. Quynn in Bellevue.

    I swear that "for the children" is used to justify the most egregious BS.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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    LOL I like this one

    RCW 70.108.090Drugs prohibited.
    No person, persons, partnership, corporation, association, society, fraternal or social organization to whom a music festival permit has been granted shall, during the time an outdoor music festival is in operation, knowingly permit or allow any person to bring upon the premises of said music festival, any narcotic or dangerous drug as defined by chapters *69.33 or 69.40 RCW, or knowingly permit or allow narcotic or dangerous drug to be consumed on the premises, and no person shall take or carry onto said premises any narcotic or dangerous drug.




    It basically tells you that you can't possess illegal drugs on the premises.



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    Regular Member killchain's Avatar
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    I smell a troll.

    But if I'm wrong, welcome. And I seriously doubt dropping an airpoop is grounds enough to nail you with something like intimidation or harassment.

    And I cannot find any particular "chronic flatulence syndrome."
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -John Stuart Mill

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    killchain wrote:
    I smell a troll.

    But if I'm wrong, welcome. And I seriously doubt dropping an airpoop is grounds enough to nail you with something like intimidation or harassment.

    And I cannot find any particular "chronic flatulence syndrome."
    Pretty sure it's not a troll you're smelling.

    Sorry, had to do it because killchain set it up. If the OP is serious, then flatulence while open carrying does not constitute intimidation/harassment/intent to intimidate.

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    Regular Member amzbrady's Avatar
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    Tawnos wrote:
    Poosharker wrote:
    Batousaii wrote:
    Poo .....

    --- My avatar likes your new avatar ALOT.

    - lol
    Which are you seeing the full body one or the top half one?? Not sure if my new one from 10 minutes ago has taken effect yet

    Due to UNPOPULAR demand (one PM from some random dude about children on here) I switched to another avatar... people see worse at the beach...
    Oh no, someone didn't pull a "for the children", did they? They did? Aw geez, and I thought we left that kind of stupid with Mrs. Quynn in Bellevue.

    I swear that "for the children" is used to justify the most egregious BS.
    I liked the old Avatar too. They should make this site adults only, (21 +) . But Poo could petition fora lower age. .

    A poster for the original poster. . Rember what Jack Nickleson said in the bucket list.
    Edited to add poster that I forgot.
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

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    Regular Member Batousaii's Avatar
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    Poosharker wrote:
    Batousaii wrote:
    Poo .....

    --- My avatar likes your new avatar ALOT.

    - lol
    Which are you seeing the full body one or the top half one?? Not sure if my new one from 10 minutes ago has taken effect yet

    Due to UNPOPULAR demand (one PM from some random dude about children on here) I switched to another avatar... people see worse at the beach...
    it's the top half one -lol- Victoria Secret shows worse in the windows of several mall common areas.
    ~ ENCLAVE vmc ~
    The Enclave is looking for patriotic motorcycle riders in Washington State who support liberty and freedom for all. ~ Check us out!
    ~
    * " To be swayed neither by the opponent nor by his sword is the essence of swordsmanship." - Miyamoto Musashi.

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    Give the guy a break,

    http://www.flatuphobia.com/facts

  18. #18
    Regular Member killchain's Avatar
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    NavyLT wrote:
    Batousaii wrote:
    it's the top half one -lol- Victoria Secret shows worse in the windows of several mall common areas.
    I do believe the word you should have chosen above was "better" there, Bat!
    Yes, better.

    That place sucks my wife in like a Sun, and I always feel my checking account lose a lot of weight. Hahaha.
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." -John Stuart Mill

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