We Open Carry...

Since we open carry our firearm shows all the time. I was reading a police blotter and came across a snip ( Complainant called to report a male brandishing a handgun at the carnival. She was less than cooperative but we eventually were able to determine that she was with a friend who she refused to identify at the carnival. They ran into a male who is a documented gang member with a group of his friends. Words were exchanged between the male and the complainant’s friend and the male lifted his shirt to show he had a gun in his waistband. ), that got me thinking. Besides the obvious that it was a gang member and more than likely did not have a CPL, lets say for the scenerio we change the story to ( Complainant called to report a male brandishing a handgun at the carnival. A male lifted his shirt to show he had a gun in his waistband. ) and that he did have a CPL. We know how they like to use brandishing even when you dont touch your firearm, but would this be illegal, in the sense that he has a concealed weapon tucked, and that he showed the firearm?

I'm just curious, what the legallity would be for someone who feels intimidated and is concealing, to show a firearm as a warning, to try to avoid any further contact and to put a stop to any aggression. Does the firearm go from concealed carry to open carry or is there a legal issue. I am thinking intimidation plays into the scene, but I would hope if I was in a situation with an aggressor, that the mere visual presence of a firearm would prevent a draw situation for defense.

What do you think?

You don't have to actually handle the gun in order to violate 9.41.270. ANY action made with the "intent" to intimidate, such as flashing like this scumbag did, (other than legal self defense) is against the law.

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.

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In what you described above, it is a clear violation of .270. An action took place with intent.

Now if you grab an item off the top shelf at your local grocery store and the shirt is lifted and you are revealed.... you are fine.

well,,,

NavyLT said:

I think that is why you should always be the first one to call the police.

If you are in a situation where you feel the need to show your concealed firearm, and you do, then you obviously have violated RCW 9.41.270. You have displayed a firearm in a time and place, under circumstances and in a manner intended to intimidate. The question then becomes were you justified in doing so.

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exactly!!

read (c) legal self defense of self or others.

Just making another great point on why open carry is the way to go. How many have posted that crime had been deterred by the mere presence of a firearm. I hate having to conceal like a criminal, but I hate being unarmed in a store where firearms are unwelcome, more.

NavyLT said:

I think that is why you should always be the first one to call the police.

If you are in a situation where you feel the need to show your concealed firearm, and you do, then you obviously have violated RCW 9.41.270. You have displayed a firearm in a time and place, under circumstances and in a manner intended to intimidate. The question then becomes were you justified in doing so.

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+1. If you must show/draw your weapon, etc... then you 1) better have good reason and 2) be the first to dial 911.

HE WHO DIALS 911 FIRST, WINS!

I recall a situation in Tacoma a few years back, when an army NCO, in civilian clothes, opened his coat to expose the gun while trying to defuse a conflict. He was charged and if I remember correctly, subsequently convicted.
I will try to find the case.

Trigger Dr said:

I recall a situation in Tacoma a few years back, when an army NCO, in civilian clothes, opened his coat to expose the gun while trying to defuse a conflict. He was charged and if I remember correctly, subsequently convicted.
I will try to find the case.

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Without threat to his self or evidence of a crime, that could be construed as a violation.

Now if the guy was making threats to him then it was overzealous and bad interpretation on the "laws" part.

Seems to me that the best course of action here is to:

1) Carry open - then it is not an issue; or

2) Never "display" your concealed firearm until you are in a situation that warrents its immanent use. When a situation is at the stage of being able to be "diffused" by the mere visibility of a firearm - then it would seem the situation does not meet the immanent threat criteria.