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Surprised nobody posted this yet

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
Article states that he "...was convicted Thursday in Clark County District Court of unlawfully carrying a weapon." Further down it states that officer wrote "...on the citation that, “Watson did, under circumstances that warranted alarm for the safety of others, carry and display a firearm.”

So, if State of Washington has no laws against open carry, how can a person be found guilty of unlawfully carrying a weapon? Was he fond guilty of disorderly conduct, disturbance of peace, brandishing, something else? Does anybody know exactly under what statute he was convicted?
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Article states that he "...was convicted Thursday in Clark County District Court of unlawfully carrying a weapon." Further down it states that officer wrote "...on the citation that, “Watson did, under circumstances that warranted alarm for the safety of others, carry and display a firearm.”

So, if State of Washington has no laws against open carry, how can a person be found guilty of unlawfully carrying a weapon? Was he fond guilty of disorderly conduct, disturbance of peace, brandishing, something else? Does anybody know exactly under what statute he was convicted?
Contempt of cop citation. The cops admitted that the citizen just wouldn't listen to his great advice and lawful knowledge, so we popped him.

Appeal with another attorney, because if the attorney lost this case, I'm guessing he didn't try hard enough.
 

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
Contempt of Cop. Is there such a statute in Washington State? I wonder how it defined? If I refuse to speak to a cop, am I in contempt. Sounds like a BS statute. Do we have something similar in Michigan?
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Contempt of Cop. Is there such a statute in Washington State? I wonder how it defined? If I refuse to speak to a cop, am I in contempt. Sounds like a BS statute. Do we have something similar in Michigan?

Noooo there is no contempt of cop in the statutes. What I meant and others understand is if you piss off a cop he will try to find something to get back at you. Which in fact is illegal. This is what happened in the case above.

Some US supreme court rulings:


U.S. Supreme Court
Houston v. Hill, 482 U.S. 451, 462, 107 S.Ct. 2502, 2510, 96 L.Ed.2d 398 (1986)

The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.

The First Amendment protects a significant amount of verbal criticism and challenge directed at police officers....


6th Circuit
Greene v Barber, 310 F.3d 899 (2002)

Government officials in general, and officers in particular, may not exercise their authority for personal motives, particularly in response to real or perceived slights to their dignity.


The law is well established that…"an act taken in retaliation for the exercise of a constitutionally protected right is actionable under § 1983 even if the act, when taken for a different reason, would have been proper."
U.S. v Campbell, 486 F.3d 949 (2007)
Florida v. Royer, 460 U.S. 491, 497 (1983),

The Subject:
need not answer any question put to him;
may decline to listen to the questions at all and may go on his way;
may not be detained even momentarily without reasonable, objective grounds for doing so;
and his refusal to listen or answer does not, without more, furnish those grounds.

 

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
Ok. I got interested in this case and called Clark County District Court in Washington State. I got a very nice clerk on the phone. She provided me with some details:

Defendant: Joshua R. Watson
Case # 80739
Found guilty for violating RCW 9.41.270, here is the link to this statute ----> http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270

Below is the full text of this Law. Let me tell you. The way it is written, any OCer in the State of Washington can be accused of a crime. If someone is alarmed that you sre carrying, you are guilty. This is the way I see it. What you guys think? I hope we do not have any of this type of language in Michigan MCL:

"RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.

(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.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments."
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Ok. I got interested in this case and called Clark County District Court in Washington State. I got a very nice clerk on the phone. She provided me with some details:

Defendant: Joshua R. Watson
Case # 80739
Found guilty for violating RCW 9.41.270, here is the link to this statute ----> http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270

Below is the full text of this Law. Let me tell you. The way it is written, any OCer in the State of Washington can be accused of a crime. If someone is alarmed that you sre carrying, you are guilty. This is the way I see it. What you guys think? I hope we do not have any of this type of language in Michigan MCL:

"RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.

(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.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments."

Yes, I am in agreement with you.

It is my hope that the Federal Court Cases underway in WI will pave the way for repeal of this law. IMHO, this law is unconstitutional due to 2nd Amendment Incorporation within the SCOTUS Decision in McDonald v City of Chicago.
 
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