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Man Ticketed With Open Carry

Discussion in 'Legal & Political Archive' started by spectra, Mar 20, 2010.

  1. spectra

    spectra The Couve Moderator Staff Member Bronze Supporter

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    OK just saw this on the net. WTF is going on when you can get a ticket with open carry:huh: http://www.columbian.com/news/2010/mar/19/police-ticket-man-who-wore-gun-in-store/ At least they said if he was concealed he would get a ticket if he did not have a permit. Am just wondering how the **** do you get a ticket for having it in a holster on your hip:paranoid:

    This is what I find interesting about the law as qouted by the PO. Under the law, Raquer said, a person can be ticketed if his display of a gun alarms people. Well I guess you can get a ticket as a gun on your hip might alarm people:huh: WTF is going on in todays society:confused:
     
  2. Father of four

    Father of four Portland, Oregon Well-Known Member

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    That law says: “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.”

    I wonder if that law was voted on buy the people of Washington State or just passed buy the bureaucrats? Crazy!

    Sgt, Greg Raquer with the Vancouver Police Department Said “Most responsible people don’t display their firearm in public.” WOW! What a slap in the face to all of the Open carrying types!
     
    Last edited: Mar 20, 2010
  3. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Wow! And to top it off he may loose his right to carry it concealed.

    (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.

    CRAZY! Open carry...Loose your Concealed Pistol License! BY BY 2A!
     
  4. 9mmD

    9mmD sw wa Member

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    WOW. dont even know where to start with this one. WTF is wrong with this state(country). Try to follow the law -get ticket/maybe loose cwp- which wont allow you to follow the law -again-. Think its time to start writing letters to the CC sherrif dept also.
     
  5. Atroxus

    Atroxus Marysville, WA Member

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    Wow, I really hope this guy can get a good gun rights attorney.
     
  6. me_myslef_and_IQ

    me_myslef_and_IQ oregon New Member

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    Agreed, tis a sad day for any open-carry folk out there. Any info as to the situation that "warrented" the ticketing?
     
  7. nixuser

    nixuser nw Member

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    WELL IT ALARMS ME THAT THE COPS RUN AROUND SHOWING THIER WEOPONS IN PUBLIC AND ALARMING ME AND THE PUBLIC !! SO WHAT PENALTY SHOULD THEY GET ? i mean im all for having law and order but this is just plain wrong to me !!
     
  8. tattoo

    tattoo NorthWest Active Member

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    Disturbing. But does not make me reconsider my open carry!!!
     
  9. soberups

    soberups Newberg Well-Known Member

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    Any decent attorney should be able to get that thrown out of court. It is an impossibly vague law and it basically makes you responsible for the emotional state of another person.

    Carried to its logical conclusion...if I was a spectator at a softball game and I "felt alarmed" by the "manner" in which one of the players was holding a softball bat, I could call police and press charges.

    My opinion....is that the intent of the law is to prohibit brandishing or displaying in a threatening manner. If the guy was walking around the store yelling at people and waving the gun around and pointing it at them then yes, he should be charged with a crime.

    That is not what happened here, and I suspect that the charges will be dismissed.
     
  10. Taurus 617 CCW

    Taurus 617 CCW Northern Idaho Member

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    I would still get in contact with the NRA/ILA on this one. It seems like a good candidate for an encroachment hearing.
     
  11. Wheeler44

    Wheeler44 SW Washington Member

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    Case law in this state, on this subject is clear (as any law can be to a lay person)... He will walk and get an apology (maybe not the apology)...The courts have ruled that we cannot control the irrational fears of hopolophobes .....and that the mere presence of a firearm is not "brandishing"
     
  12. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Yeah I can't see how we can control the emotional state of others.

    I haven't quite mastered my Jedi training on that.
     
  13. Wheeler44

    Wheeler44 SW Washington Member

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    Slacker....
     
  14. Platt05

    Platt05 Washington Member

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    I hope the person who dialed 911 realizes that I carry concealed and I shop there yet my concealed gun could do as much damage or protection as an open carry firearm. However if they guy carrying was in the wrong then then I'm glad they called 911.
     
  15. TAT2D

    TAT2D Portland Member

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    Wow, there's a new word for the day, for me at least.

    That's just begging for a bumper sticker, "We're so close to finding a cure for Hoplophobia, won't you help?"

    MrB
     
  16. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    That would be funny if it weren't so true.
     
  17. glocksrule

    glocksrule Battle Ground, WA Member

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    Folks, you need to slow down a bit. What we are seeing is only what has been reported by the Columbian newspaper. What we don't see is what events took place that lead to someone calling 911 on this guy.
    If you are going to open carry, then you have to expect the attention that follows. In my experience, Vancouver PD and Clark County SO have always been gun friendly(with respect to the law), so long as you are being responsible.
    I would suggest that we wait and see how this one is handled when he goes to court and the truth comes out about the events that lead to this incident.
     
  18. gogoDawgs

    gogoDawgs Federal Way, WA Active Member

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    Having some contact with the situation, his gun was also confiscated. His wife's gun was not (because she had a jacket on). He has an attorney. There will be an open carry meeting soon in Vancouver, as there are several dozen from the Seattle area that will be driving down for support. Having talked with a CCSO deputy he is appaled at VPD's behavior and also knows that it will be thrown out. Patience and prudence is needed.
     
  19. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Ah, but we have some people on this forum who don't want the facts. They just want to knee-jerk bash cops. We can't let facts stop their paranoia, now can we? :)

    While it may well turn out that the cops were wrong here (or not, we don't know) let's not stop the cop bashers' fun in the meantime, before all the facts are public, OK? :)
     
  20. Bark

    Bark Oregon Member

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    +1 I am constantly amazed by posters on the forum, snap decisions made from a small amount of information obtained from 1 source, be it the INTERNET or the newspaper...slow it down is good advice.