RCW 9.41.270 interpretation

CJ

Apr 2015
6
0
Redmond
Here is the text of the law:

Weapons apparently capable of producing bodily harm—Unlawful carrying or handling—Penalty—Exceptions.

(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.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.

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In a hypothetical situation where, for example, an exceptionally belligerent homeless person asks you for change in a public parking lot, you decline, and he advances and says "maybe your *wife* has some change", would a person be justified in drawing your weapon? I'd guess this to be covered under 3c, but wanted to get others take on it.
 
Jan 2013
293
0
Amboy, WA
No. That is not an immediate threat to your life. Now, if he puts his hands on you or she, that's a different story. Simply advancing or moving towards you is not sufficient.
 
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