If it hurts your feelings, it’s illegal
A Vancouver man was cited Friday for wearing his pistol in a grocery store even though it’s legal to carry a gun in Washington and Oregon.
The incident is part of a growing controversy over what’s called the “Open Carry” law and highlights the debate over people openly wearing firearms in public places.
As to why:
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.”
Got that? It’s OK to open carry so long as someone around you doesn’t feel like you’re intimidating.
March 23rd, 2010 at 10:05 am
That is the caveat of Open Carry in WA. In the local police/sheriff isn’t cool with open carry, they have that intimidation clause to play with.
I only open carry while out in the wilderness, in town, it’s CCW all the time, even though 95% of the police I encounter are perfectly fine with me carrying, I don’t need the hassle that 5% can cause.
March 23rd, 2010 at 10:16 am
If you read the Washington state law, you will find that open carry is risky. If some bozo claims to be afraid or feel threatened, then you are violating the law.
Some years ago, I asked a county sheriff and the WA state patrol about open carry. County said it was OK, state patrol said arrest and seizure of firearm would result.
Like Madrocketscientist says, it is not worth it.
March 23rd, 2010 at 11:09 am
It is similar in NC. They call anything that leads to the terror of the people a crime. Except for raising taxes that is… Anyhow open carry is risky. Where my parents dwell the sheriff seems to think he is God. One about to run for reelection is particularly bad. He advocates pulling people over just to check to see if there is a reason to pull you over. He is the chief of police in Lake Lure, NC. I once got pulled over up there because my tag light was out in the middle of the afternoon.
March 23rd, 2010 at 12:05 pm
It is against the law to be possibly intimidating or scary? That’s a dumbass way to run things. Hell, I find most of these people scary.
March 23rd, 2010 at 12:53 pm
I literally can see Vancouver Mall from where I am sitting.
@ChrisTheEngineer That sounds like the typical difference between Clark County sheriff and WSP. Seems to me that most Vancouver and Clark County cops are very cool while WSP has attitude problems. Maybe it has something to do with writing speeding tickets all day.
However the biggest D-Bag cops award, for SW Washington has to go to the WSU Vancouver Campus Cops. ALL they do is parking tickets. One of those guys once asked me if I could read, I called his supervisor and asked what his officers GPA was, I graduated with honors.
March 23rd, 2010 at 1:14 pm
John smith, it really depends on what county you are in. Some are ok & some aren’t. Same with NFA weapons.
You could get your class III paperwork signed in gaston county but pendergraph, the sheriff in mecklenburg county for years, wouldn’t sign any even for his own officers.
March 23rd, 2010 at 1:20 pm
I think the way it works, should you go to court over the matter, is that you have to ask “would a reasonable person feel intimidated or threatened in the situation.” If the pistol is holstered and the wearer is doing nothing else that could be construed as intimidating, then the wearer is good to go.
We had a case in WA a while back (search fishorman and you might find it) in which the judge said as much. Basically, he said the only problem was that the wearer was carrying Mexican, and not in a holster. Holster = OK, Mexican = Not OK.
There was also some question about the fact that he was carrying a 1911 cocked and locked. Don’t remember how that turned out. The guy got off on a technicality. So nothing was really resolved.
Ah, here’s a link to some more info, for anyone interested:
http://www.thehighroad.org/showthread.php?t=171373
March 23rd, 2010 at 1:23 pm
This has already been through the WA court system. Judges have already ruled that OC is not intimidation from one citizen to the next. If contested, it will be thrown out like the other cases.
March 23rd, 2010 at 1:32 pm
So Rosie O’Donnell naked would go down as a felony?
March 23rd, 2010 at 3:27 pm
This is why G*d made trees.
March 23rd, 2010 at 5:22 pm
No they dont, the going armed to the terror of the public is very specific in it’s description as to how it occurs and what it takes to violate the law. Simply open carrying a gun does not meet the criteria to be charged with that crime. It is in the LEO handbooks and is taught in detail at BLET.
March 24th, 2010 at 1:35 am
Chris you are correct on state law only. In north carolina the laws vary from county to county and town to town. What is going to the terror in one town is fine in another. You may not be prosecuted under state but county or local still exist. The Leo handbooks may say such things but the local ordinance interpretation varies widely. In Cary, Nc it is illegal to open carry except on private property. If you walk down the street there you are going to terror and then going to jail. Nc laws are a mishmash of vague legal jargon that if you are not careful will burn you. Remember the leo handbooks also must vary. That state laws are the basics but the local laws are the details. The Devil is in the details.