dan10mmman wrote:
a visibly loaded AK-47 = assaultive
Not by itself. When combined with other factors to meet all the elements of 9.41.270, then, yes. You seem to be really hung up that Spencer was found guilty simply because he was carrying a loaded rifle on a sling, and that simply is not true. It was all the other elements COMBINED with the loaded rifle.
Let's say I am getting a coffee in a coffee shop during normal business hours with a loaded AK-47 slung on my back, muzzle pointed down toward the ground.
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.
1. In a manner: could they say that carrying a loaded AK-47 is "in a manner" that manifests an intent to intimidate or warrants alarm? Sure they could. Now, the Supreme Court of Washington has opined that carrying a handgun in a holster is NOT "in a manner", IE: not assaultive.
2. Under circumstances: could they say that getting coffee is under circumstances that manifests an intent to intimidate or warrants alarm? Absolutely not. Getting coffee is a standard occurrence that millions of Americans do every day.
3. At a time and place: could they say that my presence in a coffee shop during normal business hours is manifesting an intent to intimidate or warrants alarm? Absolutely not. Millions of Americans every day go to coffee shops during normal business hours.
SEE?!? I can carry a loaded AK-47 down the street and it may be decided to manifest an intent to intimidate and may warrant alarm for the safety of others (not my personal opinion), HOWEVER, without the other elements of 270 being met, I am not guilty of violating 270.
It was determined that Spencer, walking briskly at night with his head down, not looking at anybody IN COMBINATION WITH the loaded gun met ALL the elements of 270 - not just the rifle by itself.