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So what does all this have to do with Washington State's open carry ban? Two acquaintances of mine were digging through legislative history of Washington State's open carry ban--and discovered that Washington's legislature passed it in 1969 specifically in response to what happened with the Black Panthers.
I found a site that says CC was passed in 1961 and OC in 1969 so I might have answered it myself.
Open carry has always been legal.
Concealed carry was legal until 1935.
Im a little confused on this. So it is legal to OC in WA but you cant OC inside stores or public area's such as parks or just walking down the street right? I know schools and area's such as these are Illegal. But what about just daily activities like getting fuel or walking to your car downtown?
I have open carried in WA while backpacking and hiking an awful lot. I know that while open carry is "legal" the individual carrying openly should have "reason to warrant alarm" in others who may observe the open carriage in public.
Just my $.02 worth. I don't like idea of carrying openly in Westlake Center or my local Safeway, but I am perfectly comfortable when wearing my pistol on my belt while hiking, backpacking, etc...
A properly carried (that is, it is not in you hand) is NEVER a legit reason "to warrant alarm", or RAS for a Terry stop. EVER, settled law.
In WA state you can OC loaded anywhere you can CC, without a permit, except in a vehicle. You can OC unloaded in a vehicle without a permit, just not ammo inside the weapon. Except! when you are recreating, or going to or from recreating. Examples could be, but not limited to, hiking, fishing, camping, hunting, even jogging.
The advantage a CPL gives you here is: 1: you don't have to wait for you new pistol when you purchase it at an FFL, and 2: You can OC or CC loaded in a vehicle. Oh yes, and you don't have to worry if you jacket is concealing your OC. (I have a CPL but never intentionally conceal)
You can OC loaded into any park, NP, NF, NRA, any store that does not tell you to leave..anywhere you can CC with a permit...the one exception is in a vehicle without a permit. You can OC loaded in a vehicle with a permit, or without a permit while recreating, or going to and from recreating....OK?
Just don't have a loaded long gun in a vehicle...that is F&W, not CPL law.
A properly carried handgun (that is, it is not in you hand, but in a holster, in your belt etc) is NEVER a legit reason "to warrant alarm", or RAS for a Terry stop. EVER, settled law. Public OC is a right, if it upsets someone else, so be it. They can learn to get over it.
Some people get upset when they see a mixxed race couple...is that illegal? No! Does it upset some? Yes, but I'm sorry, they will just have to get over it. Same with OC. It is a legal activity, and if you don't like it, I'm sorry, but you will just have to get over it.
Im a little confused on this. So it is legal to OC in WA but you cant OC inside stores or public area's such as parks or just walking down the street right? I know schools and area's such as these are Illegal. But what about just daily activities like getting fuel or walking to your car downtown?
...remember that just because something is legal does not mean it is "accepted" by everyone.
RCW 9.41.270 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]
QUOTE]
I'm sorry to have to disagree with Dave on this. Could you be charged? They can charge anyone with anything they want, but will they win? would you be convicted? Absolutely not!
Unfortunately I do not have the case, but there is a WA case that specifically stated that an openly carried, properly holstered, handgun is NOT a cause that warrants alarm in a reasonable person. And the Judge, herself stated that seeing such might cause her to be concerned, but it does not fit the criteria that is in the law.
State V Spencer was about a slung AK47, not a holstered handgun. Remember, I am strictly talking about a "holstered handgun" There is another case...like I said, unfortunately I don't have the reference right now, that specifically addresses a holstered handgun. Conclusion of that case was,,,a holstered OC it is NOT a reason to "warrant alarm" in a resonable person, and it is also NOT RAS for a Terry stop.
BTW: I have OC'd in WA state since 1970, never had a problem.