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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]
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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.
I agree with you entirely, and I also know of the case you're speaking of. "Could you be charged" should probably be asked as "Would you be charged", in which case I would definitely say "I think not."