sv_libertarian
State Researcher
imported post
This is a hand transcribed copy, I don't have a scanner. I will make a scanned copy available ASAP, or can mail a photocopy to anyone who can scan it for me... I believe Lt. Wilson did a great job on this, and I also know that lawyers are involved in OC issues with the OPD, so I believe that any other problems after this should be addressed through the City Attorney's Office. Essentially, Lt. Wilson, Chief Michel and some lawyer signed off on this.
Instructive Olympia Police Department
Issue Date: October 24, 2007
Topic: Open carrying of firearms
Reference : Article 1, section 24 of the Washington State Constitution, RCW 9.41.270 and 9.41.300.
I Background
The right to bear arms is guaranteed under the United States and Washington State constitutions. The State Legislature recognizing this right created laws governing individual freedoms pertaining to personal conduct involving the carrying of firearms and other weapons.
Washington State is an "open carry" state for firearms. This means there is a presumption that carrying a handgun in an exposed holster, for instance, is legal except where it is specifically prohibited by law.
RCW 9.41.300 reads in part... (left out to save time in transcription, explains where a person cannot carry a pistol, discharge, etc..)
RCW 9.41.270 reads in part...
(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. (OPD's underline)[/i]
RCW 9.41.280 reads in part... (I left out to save time, cannot carry gun on school grounds, etc...)
II Policy
It is the policy of the Department that officers conduct safe and focused investigations of complaints involving weapons that are openly carried. In conducting these investigations, officers shall recognize both the right of individuals to openly carry weapons (as permitted by the Constitution and the law) and the public's right to feel safe.
III Procedures
A Assessment of open carry situations
1 Officers evaluate the facts, including witness information, as they pertain to the manner, circumstance, time and place of the conduct in question.
2 Officers shall use safe tactics when making contact with individuals who are openly carrying weapons to assure that neither they nor the public are in jeopardy.
3 Officers shall investigate the circumstances to determine the following:
a Whether a reasonable person would believe that the subject displayed, carried, exhibited or drew a weapon in a manner that manifested intent to intimidate another person or that warranted alarm for another person's safety. [RCW 9.41.270]
b Whether the time, place or circumstances of the presence of the weapon constitutes a violation. [RCW 9.41.280, RCW 9.41.300]
4 Officers should give priority to the interest of public safety when determining an appropriate course of action.
B Reporting Requirements
1 Clear violations of RCW 9.41.270, RCW 9.41.280 and RCW 9.41.300 are handled in the same manner as other violations.
2 In situations where an officer believes there is a potential violation present, but where more intensive investigation or a prosecutorial opinion is required to make that determination, the incident is to be documented for follow-up, without immediate enforcement action.
3 In situations where it is clear to an officer that no violation is present, no documentation is required.
By
William W. Wilson, Lieutenant
This is a hand transcribed copy, I don't have a scanner. I will make a scanned copy available ASAP, or can mail a photocopy to anyone who can scan it for me... I believe Lt. Wilson did a great job on this, and I also know that lawyers are involved in OC issues with the OPD, so I believe that any other problems after this should be addressed through the City Attorney's Office. Essentially, Lt. Wilson, Chief Michel and some lawyer signed off on this.
Instructive Olympia Police Department
Issue Date: October 24, 2007
Topic: Open carrying of firearms
Reference : Article 1, section 24 of the Washington State Constitution, RCW 9.41.270 and 9.41.300.
I Background
The right to bear arms is guaranteed under the United States and Washington State constitutions. The State Legislature recognizing this right created laws governing individual freedoms pertaining to personal conduct involving the carrying of firearms and other weapons.
Washington State is an "open carry" state for firearms. This means there is a presumption that carrying a handgun in an exposed holster, for instance, is legal except where it is specifically prohibited by law.
RCW 9.41.300 reads in part... (left out to save time in transcription, explains where a person cannot carry a pistol, discharge, etc..)
RCW 9.41.270 reads in part...
(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. (OPD's underline)[/i]
RCW 9.41.280 reads in part... (I left out to save time, cannot carry gun on school grounds, etc...)
II Policy
It is the policy of the Department that officers conduct safe and focused investigations of complaints involving weapons that are openly carried. In conducting these investigations, officers shall recognize both the right of individuals to openly carry weapons (as permitted by the Constitution and the law) and the public's right to feel safe.
III Procedures
A Assessment of open carry situations
1 Officers evaluate the facts, including witness information, as they pertain to the manner, circumstance, time and place of the conduct in question.
2 Officers shall use safe tactics when making contact with individuals who are openly carrying weapons to assure that neither they nor the public are in jeopardy.
3 Officers shall investigate the circumstances to determine the following:
a Whether a reasonable person would believe that the subject displayed, carried, exhibited or drew a weapon in a manner that manifested intent to intimidate another person or that warranted alarm for another person's safety. [RCW 9.41.270]
b Whether the time, place or circumstances of the presence of the weapon constitutes a violation. [RCW 9.41.280, RCW 9.41.300]
4 Officers should give priority to the interest of public safety when determining an appropriate course of action.
B Reporting Requirements
1 Clear violations of RCW 9.41.270, RCW 9.41.280 and RCW 9.41.300 are handled in the same manner as other violations.
2 In situations where an officer believes there is a potential violation present, but where more intensive investigation or a prosecutorial opinion is required to make that determination, the incident is to be documented for follow-up, without immediate enforcement action.
3 In situations where it is clear to an officer that no violation is present, no documentation is required.
By
William W. Wilson, Lieutenant