I was contacted to chime in...I'm game, so here goes.
Yep, there are too many LEO's who no nothing about open carry. It wasn't one of those things encountered much til now.
But it's got to the point where something needed to be done to inform the few, the too proud, and highly egotistical! ugh!
So some of us in the industry came up with a quick reference quiz for both LE and citizen alike.
Since I work in WA State, its geared for that state. Your state may vary, so read your laws carefully, and consult an attorney if needed to clarify anything confusing to you...before any disaster may befall you.
Open Carry of Firearms in Washington
Review Washington's "Open Carry" for firearms law.
Scenario:
Officer Smith sees two men walking down the street. The men are laughing and talking as they cross the street. One of the men tips his hat to a lady as he passes. Officer Smith notices everyone is taking a second look at the men as they pass. Officer Smith takes a closer look to see what everyone is looking at. He sees both men are carrying what appear to be long-barreled, pearl handled revolvers in holsters on their belts. It doesn't appear the men are trying to hide the guns. The men walk into a restaurant that serves alcohol and sit down for dinner.
QUESTION #1:
Have the men committed a crime by carrying their guns where everyone can see them while in public?
The correct answer: No
Washington is an "open carry" state for firearms. This means there is a presumption that carrying a handgun in
an exposed holster, for instance, is legal except where it is specifically prohibited. Open carry does not require
a license. On the other hand, concealed carry of a firearm out in public is generally illegal without government
authority.
Note: I use the word 'presumption', since there's nothing in WA State law that specifically in and of itself talks about open carry one way or another...forthwith, therefore, henceforth (lol)...it is 'presumed' to be a legal act. That's the way Wa State law works. If there's no law that specifically deals with it in specifics, its 'presumed' a legal act.
QUESTION #2:
RCW 9.41.270 states "It shall be unlawful for any person to carry, exhibit, display, or draw any firearm 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 others."
Can the men be charged? Obviously people are looking at them a second time when they see the guns in plain view.
The correct answer: No
In this law, mere possession of an openly carried handgun is not prohibited. In order to support an enforcement
action under this law the officer must be able to articulate (describe in a convincing manner) malicious intent by
the suspect or circumstances that reasonably cause alarm to the public. In either case, because open carry in
Washington is presumably legal, the articulation must include something beyond mere, open possession.
QUESTION #3:
Since the men went into an establishment that serves alcohol, can they be charged?
The correct answer: No
This could be considered a trick question since many restaurants have lounges and it would depend on where
the men sat. For this discussion we are assuming they sat in the eating area of the restaurant.
RCW 9.41.300 in part reads (1) it is unlawful for a person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility;
(b) Those areas in any building which are used in connection with court proceedings;
(c) The restricted access areas of a public mental health facility;
(d) That portion of an establishment classified by the state liquor board as off-limits to persons under twenty-one
years of age; or
(e) The restricted access areas of a commercial service airport.
• This illegalizes mere possession at these places, including open carry, unless an exception applies.
Exceptions are spelled out in subsections 6-9.
There's too many in LE this day and age with little or no life experience outside their cell phones and video games. Too much ego, and not enough smarts and common sense.
I have had a few calls about this very thing, and have had to educate the public. They typically don't like the response. With all the shootings the media reports these days, it makes a lot of people on edge to see guns in public...and its hard to blame them.
Yep, there are too many LEO's who no nothing about open carry. It wasn't one of those things encountered much til now.
But it's got to the point where something needed to be done to inform the few, the too proud, and highly egotistical! ugh!
So some of us in the industry came up with a quick reference quiz for both LE and citizen alike.
Since I work in WA State, its geared for that state. Your state may vary, so read your laws carefully, and consult an attorney if needed to clarify anything confusing to you...before any disaster may befall you.
Open Carry of Firearms in Washington
Review Washington's "Open Carry" for firearms law.
Scenario:
Officer Smith sees two men walking down the street. The men are laughing and talking as they cross the street. One of the men tips his hat to a lady as he passes. Officer Smith notices everyone is taking a second look at the men as they pass. Officer Smith takes a closer look to see what everyone is looking at. He sees both men are carrying what appear to be long-barreled, pearl handled revolvers in holsters on their belts. It doesn't appear the men are trying to hide the guns. The men walk into a restaurant that serves alcohol and sit down for dinner.
QUESTION #1:
Have the men committed a crime by carrying their guns where everyone can see them while in public?
The correct answer: No
Washington is an "open carry" state for firearms. This means there is a presumption that carrying a handgun in
an exposed holster, for instance, is legal except where it is specifically prohibited. Open carry does not require
a license. On the other hand, concealed carry of a firearm out in public is generally illegal without government
authority.
Note: I use the word 'presumption', since there's nothing in WA State law that specifically in and of itself talks about open carry one way or another...forthwith, therefore, henceforth (lol)...it is 'presumed' to be a legal act. That's the way Wa State law works. If there's no law that specifically deals with it in specifics, its 'presumed' a legal act.
QUESTION #2:
RCW 9.41.270 states "It shall be unlawful for any person to carry, exhibit, display, or draw any firearm 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 others."
Can the men be charged? Obviously people are looking at them a second time when they see the guns in plain view.
The correct answer: No
In this law, mere possession of an openly carried handgun is not prohibited. In order to support an enforcement
action under this law the officer must be able to articulate (describe in a convincing manner) malicious intent by
the suspect or circumstances that reasonably cause alarm to the public. In either case, because open carry in
Washington is presumably legal, the articulation must include something beyond mere, open possession.
QUESTION #3:
Since the men went into an establishment that serves alcohol, can they be charged?
The correct answer: No
This could be considered a trick question since many restaurants have lounges and it would depend on where
the men sat. For this discussion we are assuming they sat in the eating area of the restaurant.
RCW 9.41.300 in part reads (1) it is unlawful for a person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility;
(b) Those areas in any building which are used in connection with court proceedings;
(c) The restricted access areas of a public mental health facility;
(d) That portion of an establishment classified by the state liquor board as off-limits to persons under twenty-one
years of age; or
(e) The restricted access areas of a commercial service airport.
• This illegalizes mere possession at these places, including open carry, unless an exception applies.
Exceptions are spelled out in subsections 6-9.
There's too many in LE this day and age with little or no life experience outside their cell phones and video games. Too much ego, and not enough smarts and common sense.
I have had a few calls about this very thing, and have had to educate the public. They typically don't like the response. With all the shootings the media reports these days, it makes a lot of people on edge to see guns in public...and its hard to blame them.
