Open Carry Gun Owner Cited

deloscielos · 11-01-2011, 09:55 AM

Old news article, but I thought I'd share

Article + Video
Open Carry law controversy: gun owner cited

Quote:

The police officer cited Kirby under the law that says it is wrong to carry a weapon if it “manifests an intent to intimidate another or that warrants alarm for the safety of other persons.”

GixxerPete · 11-01-2011, 01:59 PM

Quote:

Originally Posted by deloscielos

Old news article, but I thought I'd share

Article + Video
Open Carry law controversy: gun owner cited

Well that's kind of the crux of the issue, isn't it? Seems some folks are so scared of firearms, just the mere sight of one in a holster of a non-LEO "manifests an intent to intimidate another or that warrants alarm for the safety of other persons”, which in short is 'brandishing' which is pretty universally illegal even the most carry-friendly states. But typically 'brandishing' would mean drawing said weapon and waving it around, pointing at someone, etc. Merely having a holstered weapon is not 'brandishing' in any way shape or form, unless of course you have an irrational fear of firearms, which is the case here.

Shame on the martial arts instructor. What do the children have to fear from legally carrying citizens? They have much more to fear from ignorance and irrational fears.

Inglewood · 11-01-2011, 11:46 PM

If there's ever been a ticket worth having some pride in, this is probably it. Any publicity reminding the public that this is legal shouldn't hurt in the long run.

deadshot2 · 11-02-2011, 06:33 AM

There is a little more to the story than in this short article. Mr. Kirby chose not to fight this and took a plea.

His actions were not totally "innocent" according to others. Apparently he had a bit of a "Wyatt Earp" attitude about him and was resting his arm on the grip of his weapon while "eyeballing" numerous people around him. Not just a case of going about his business but being conspicuous in his actions while carrying.

Another person, Josh Watson, was arrested in a similar case in Vancouver. He was hanging out near a closed Pizza Parlor that had recently been robbed. It was snowing and he was purposely OC'ing even though he was also wearing a Ski Jacket. His case went all the way to trial and he was convicted by a Jury selected from a pool predominantly comprised of gun owners.

In this case even an Attorney who volunteered to handle the appeal pro bono has lost interest.

Sometimes OC'ing CAN be viewed as an attempt to intimidate. One does so at their own risk and it would behoove the OC'er to be on their best behavior with a very positive attitude lest they too fall victim to RCW9.41.970. The "I'm right, you're wrong" attitude put forth by many OC advocates can come back to bit them in the ass as this case and Mr. Watson's has shown.

1911er · 11-02-2011, 09:02 AM

Alarm is “warranted” if the circumstances are such that a reasonable person would be alarmed. State v. Spencer, 75 Wn. App. 118, 124, 876 P.2d 939 (1994)

This opinion on Spencer is published and therefore is relevant to us as open carriers.

11-02-2011, 09:02 AM	#5
1911er Gunslinger Joined: Jul 2011 From: Port Orchard WA. Posts: 30	warrant's alarm Alarm is “warranted” if the circumstances are such that a reasonable person would be alarmed. State v. Spencer, 75 Wn. App. 118, 124, 876 P.2d 939 (1994) This opinion on Spencer is published and therefore is relevant to us as open carriers.

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11-01-2011, 11:46 PM	#3
Inglewood Gunslinger Joined: Mar 2011 From: Renton, WA Posts: 64	If there's ever been a ticket worth having some pride in, this is probably it. Any publicity reminding the public that this is legal shouldn't hurt in the long run.

11-02-2011, 06:33 AM	#4
deadshot2 Marksman Joined: May 2011 From: NW Quadrant WA State Posts: 288	There is a little more to the story than in this short article. Mr. Kirby chose not to fight this and took a plea. His actions were not totally "innocent" according to others. Apparently he had a bit of a "Wyatt Earp" attitude about him and was resting his arm on the grip of his weapon while "eyeballing" numerous people around him. Not just a case of going about his business but being conspicuous in his actions while carrying. Another person, Josh Watson, was arrested in a similar case in Vancouver. He was hanging out near a closed Pizza Parlor that had recently been robbed. It was snowing and he was purposely OC'ing even though he was also wearing a Ski Jacket. His case went all the way to trial and he was convicted by a Jury selected from a pool predominantly comprised of gun owners. In this case even an Attorney who volunteered to handle the appeal pro bono has lost interest. Sometimes OC'ing CAN be viewed as an attempt to intimidate. One does so at their own risk and it would behoove the OC'er to be on their best behavior with a very positive attitude lest they too fall victim to RCW9.41.970. The "I'm right, you're wrong" attitude put forth by many OC advocates can come back to bit them in the ass as this case and Mr. Watson's has shown.