. . . and I want to rehash it. Here is the relevant law in Washington State regarding open carry.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>(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.[/quote]
It's that part about " . . . or that warrants alarm . . ." that is the sticky part. On the surface, I assume that all the prosecutor would need to do is get someone to testify that open carry "alarmed" them, and he would have proved the elements of the crime. But, I also believe that he would have to prove that the "manner" of carry was alarming and the "circumstances" were alarming, and the "time and place" were alarming. So, he would have to prove these four elements.
This law is commonly believed in WA to prohibit open carry. Violation of this law will cause your CCW to be revoked. I think it was written with this specific penalty to cause anyone with a permit to get a big lump in their throat if they even considered open carry.
What do you all think? If I'm walking down the city street minding my own business and carrying my P220 openly, am I in violation? (For the record, I don't think so.)
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"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>(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.[/quote]
It's that part about " . . . or that warrants alarm . . ." that is the sticky part. On the surface, I assume that all the prosecutor would need to do is get someone to testify that open carry "alarmed" them, and he would have proved the elements of the crime. But, I also believe that he would have to prove that the "manner" of carry was alarming and the "circumstances" were alarming, and the "time and place" were alarming. So, he would have to prove these four elements.
This law is commonly believed in WA to prohibit open carry. Violation of this law will cause your CCW to be revoked. I think it was written with this specific penalty to cause anyone with a permit to get a big lump in their throat if they even considered open carry.
What do you all think? If I'm walking down the city street minding my own business and carrying my P220 openly, am I in violation? (For the record, I don't think so.)
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"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz