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Old 03-23-2010, 07:30 AM   #1 (permalink)
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Open carry citation in WA

I personally don't open carry but am all for the right to do so. It will be interesting how this plays out in court


http://www.katu.com/news/local/88892207.html

VANCOUVER, Wash. - 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.

While police said it is legal in Washington and Oregon to openly carry firearms in public places, Kurt Kirby was ticketed by Vancouver Police on Friday outside an Albertsons on East 4th Plain after shopping with his loaded semiautomatic pistol holstered on his waist.

The owner of the nearby martial arts studio called 9-1-1, and according to the police report, the owner was alarmed because he teaches small children and was concerned for their safety.

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.”

Gun rights advocates said there has been an increase in “open carry” cases in response to gun control groups that have tried to pressure Starbucks to forbid guns in its stores.

“I think that people who believe in open carry say, ‘we’re going to have a reaction to that reaction, and … we’re going to carry more openly and more often,” said Cliff Nutting, a gun rights activist.

Kirby declined to speak to the media Monday on advice from his attorney, but according to the police report, Kirby told officers he’s openly carried his gun into several stores in recent months without a problem.

But according to the police report, the day before being cited Kirby had a run-in with security at the Vancouver Mall. He and his wife were escorted from the mall by security after shoppers complained about their weapons strapped to their waists.

According to the police report, the Kirbys were belligerent, perhaps trying to argue that they were not breaking any laws.

According to opencarry.org, 43 states allow some form of open carry.
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Old 03-23-2010, 08:07 AM   #2 (permalink)
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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.”
Personally, it ought to be easy to jam this up the PD's ass in court. I doubt they can prove that "intent."

It upsets me when law enforcement bends existing laws to suit their needs, rather than what the law was intended to be used for.

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According to the police report, the Kirbys were belligerent, perhaps trying to argue that they were not breaking any laws.
You don't say. I'm pretty sure if I was arrested when I wasn't breaking any laws, I'd want to argue that fact as well.
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Old 03-23-2010, 08:16 AM   #3 (permalink)
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Kurt Kirby was ticketed by Vancouver Police on Friday outside an Albertsons on East 4th Plain after shopping with his loaded semiautomatic pistol holstered on his waist.
anyone catch ths little tidbit-??????

is it legal to open carry while loaded in Washington-?

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Old 03-23-2010, 08:21 AM   #4 (permalink)
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anyone catch ths little tidbit-??????

is it legal to open carry while loaded in Washington-?

--Sherpa
what the hell is the point of open carry if its not loaded
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Old 03-23-2010, 08:25 AM   #5 (permalink)
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its legal to carry with a round in the chamber, so why would it matter to open carry with a round in the chamber?
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Old 03-23-2010, 08:45 AM   #6 (permalink)
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anyone catch ths little tidbit-??????

is it legal to open carry while loaded in Washington-?

--Sherpa
Almost everyplace that allows open carry allows for the firearm to be loaded.

Except for CA.
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Old 03-23-2010, 08:48 AM   #7 (permalink)
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I find it funny that news articles point out the gun was loaded... Well of course it is, who carries a gun without ammunition?

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Old 03-23-2010, 08:53 AM   #8 (permalink)
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Yes it's legal here to open carry loaded. I'm not exactly sure where this happened but if it's the where I think then the MA instructor is not wild about firearms
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Old 03-23-2010, 09:02 AM   #9 (permalink)
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Yes it's legal here to open carry loaded. I'm not exactly sure where this happened but if it's the where I think then the MA instructor is not wild about firearms
Must be one of those types I see posting up about "pussy gun owners" and how he can neutralize any threat with his bare hands.
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Old 03-23-2010, 09:03 AM   #10 (permalink)
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anyone catch ths little tidbit-??????

is it legal to open carry while loaded in Washington-?
AFAIK, Cali is the only place that has the absurd "unloaded open carry" garbage; the whole rest of the country allows loaded open carry or no open carry at all.

Didn't a guy in Arizona fairly recently win a substantial judgement against a PD who pursued basically the same tactic?
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Old 03-23-2010, 09:08 AM   #11 (permalink)
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This was local, the Vancouver PD are fucking tools. He's not the first to be given a ticket for OC by VPD, this guy is still fighting his in court over a year later. I'm sure they'll both win but they are both going to be out time and money, because some asshole cop had nothing better to do than twist around a poorly worded law to fuck with some guy minding his own business.

Several agencies in WA have received training bulletins regarding OC and this shitty law, apparently VPD did not get the memo

Vancouver PD is also the same department that told someone that having a scanner in their car was illegal (it's not) and someone else that their gun must be on their person while driving (not true)...
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Old 03-23-2010, 09:44 AM   #12 (permalink)
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Must be one of those types I see posting up about "pussy gun owners" and how he can neutralize any threat with his bare hands.
No more like the type that is all spiritual
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Old 03-23-2010, 09:51 AM   #13 (permalink)
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I wonder if the guy was being an asshole to the cop like the security guard.


I have my CCW and I am all for carrying, but I never open carry. I do not see the point. Untuck your shirt, wear a jacket, something.
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Old 03-23-2010, 10:05 AM   #14 (permalink)
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I wonder if the guy was being an asshole to the cop like the security guard.


I have my CCW and I am all for carrying, but I never open carry. I do not see the point. Untuck your shirt, wear a jacket, something.
Because wild hogs can't tell the difference between someone OCing and someone CCing.
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Old 03-23-2010, 10:56 AM   #15 (permalink)
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Too bad we don't have contact info for the complainer to bring him up to speed regarding the Constitution of the United States, the place where he lives and operates his business.
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Old 03-23-2010, 11:01 AM   #16 (permalink)
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But it was to protect the children

I prefer to conceal, but it you want to carry openly, have at it.
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Old 03-23-2010, 01:42 PM   #17 (permalink)
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I wonder if the guy was being an asshole to the cop like the security guard.


I have my CCW and I am all for carrying, but I never open carry. I do not see the point. Untuck your shirt, wear a jacket, something.
because in some states CC is not an option.

so if you want to be armed OC is the only possibility.

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Old 03-23-2010, 06:32 PM   #18 (permalink)
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Too bad we don't have contact info for the complainer to bring him up to speed regarding the Constitution of the United States, the place where he lives and operates his business.
search google maps for: martial arts loc: 5000 E 4th Plain Blvd, Vancouver, WA 98661

pretty sure thats the address of the Alberstons in question.

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Old 03-23-2010, 07:13 PM   #19 (permalink)
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Cliff Nutting, Where have I heard that name before? Is he the Wash state head of "ceasefire org" or what ever the Brady Bunch turdwaffles go by now?

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Old 03-23-2010, 10:49 PM   #20 (permalink)
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its legal to carry with a round in the chamber, so why would it matter to open carry with a round in the chamber?
I think here in NY it's illegal to carry unloaded, open or concealed. I could be wrong but I'm pretty sure I did see that somewhere. If you have a CC, it's illegal to open carry.

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Old 03-23-2010, 10:53 PM   #21 (permalink)
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We had a local woman who open carried on public property. ( totally legal here ) Someone complained about it and the sheriff actually took away her CC license. Went to court and it got tossed out and the Sheriff got his pee pee smacked.
http://www.timesleader.com/news/Toti...9-24-2008.html

She did have it concealed but removed her jacket once it got warm. Some pansy had an issue with it and she moved to the other side of the field.

Of course not long after her husband went off the deep end killing her and himself one night......

Her hubby was a DA (?) so her carrying anywhere at any time was kinda relevant for her to be doing. Was it ok or lack of judgment on her part, who knows, but I personally wouldn't have had a issue with it.

If open carry is legal in WA and the guy wasn't wantonly causing a disturbance then he shouldn't have gotten a ticket. Hopefully a judge will have a set and toss it out of court......
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Old 03-24-2010, 05:39 AM   #22 (permalink)
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We had a local woman who open carried on public property. ( totally legal here ) Someone complained about it and the sheriff actually took away her CC license. Went to court and it got tossed out and the Sheriff got his pee pee smacked.
http://www.timesleader.com/news/Toti...9-24-2008.html

She did have it concealed but removed her jacket once it got warm. Some pansy had an issue with it and she moved to the other side of the field.

Of course not long after her husband went off the deep end killing her and himself one night......

Her hubby was a DA (?) so her carrying anywhere at any time was kinda relevant for her to be doing. Was it ok or lack of judgment on her part, who knows, but I personally wouldn't have had a issue with it.
Her husband was in LE somehow, and he ended up killing her in front of their kids, then killed himself.
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Old 03-24-2010, 08:18 AM   #23 (permalink)
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Her husband was in LE somehow, and he ended up killing her in front of their kids, then killed himself.
He was prison security.
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