Interesting reading: http://www.impsec.org/~jhardin/gunst..._v_Spencer.pdf
Can this be challenged? - I read the document and personally think most of this is crap. I one is to take individual aspects of the case, and analyze them, none by them selves should be illegal, except for the singular fact that he seemed to have had the weapon "in an assaultive manner". I would hope that means "At the ready", as if immediately ready to fire... That being the case, then that should have been the ONLY aspect of the charge...
~ Correct me if i am wrong, but openly carrying a Slung/Holstered firearm would not be illegal, carrying in a residential area (even a bad one) would not be illegal, carrying at night or with a magazine attached would not be illegal, Walking your dog, or walking briskly is not illegal eaither.... But somehow the combination may be illegal ?
- That being said, one has to be careful of what sort of random environmental conditions or combinations may be construed as "warranting alarm" ??? -- Thats insane. The statute really is vague, regardless of what the court says, if you ask 10 random non gun owners, i bet you get 10 different answers.
- So what could be done to change or challenge the wording, or demand the state better define it's definitions in an effort to narrow and clarify the statute? It is a poorly written RCW at best.
Just my thoughts.