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Conviction overturned in Ellensburg,WA case against open carrier.........

Discussion in 'Legal' started by fjolnirsson, Dec 16, 2005.

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  1. fjolnirsson

    fjolnirsson Member

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    http://www.fishorman.blogspot.com/

    As I recall, when the fellow originally posted his case here, he got a lot of flak for open carry. Glad to see he won out.
     
  2. pax

    pax Member

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    Excellent. :cool:

    pax
     
  3. Standing Wolf

    Standing Wolf Member in memoriam

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    Well done!
     
  4. Telperion

    Telperion Member

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    Awesome.

    Pretty fine work for a pro se appeal, too.
     
  5. FishOrMan

    FishOrMan Member

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    And the hours and hours and hours it took to write that appeal... :banghead:

    Thanks all, but I only did it because I had to.


    Those that can... MUST.
     
  6. Can'thavenuthingood

    Can'thavenuthingood Member

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    Howcum no gun rights org's came forth to assist or lend encouragement?

    Vick
     
  7. AStone

    AStone Member

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    I almost moved to Ellensburg a few years ago.

    I may move there yet.

    Manashtash Ridge is a very fine hill.

    Nem
     
  8. Can'thavenuthingood

    Can'thavenuthingood Member

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    That's impressive.

    You wrote your own appeal, won on preemption AND got the Ellensburg code tossed.

    Kewl beans.

    Vick
     
  9. Henry Bowman

    Henry Bowman Senior Member

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    Congratulations to you! As a lawyer (including 11 years in Washington), I sincerely mean that. I would have been afraid to file a brief that short. But you followed the rule of "Be brief. Be bright. Be gone."

    Now, do us all a favor and please get yourself a holster. It really is safer and goes a long way toward presenting the image that you are a "good guy."
     
  10. Gray Peterson

    Gray Peterson Member

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    This doesn't mean you should open carry in WA and use this case to say "I can open carry". He stated he won using preemption. RCW 9.41.270 is unfortunately still in effect.
     
  11. deanf

    deanf Member

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    Because people are afraid that if a "federal case" is made out of things like this, the legislature will choose to meddle with existing state firearms laws.

    In doing so we might end up with more restrictive laws.

    Let sleeping dogs lie, and all that . . . . .
     
  12. BB62

    BB62 Member

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    YES, good question. I would like to know about that too.


    BB62
     
  13. Gray Peterson

    Gray Peterson Member

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    I can probably answer this one, because the issue of open carry in Washington State has been rather angry issue that's caused fights in mailing lsits. There are two basic camps here:

    1. The ones who don't want to rock the boat and cause open carry to get banned totally by the Legislature. That did happen once before, between 1993 and 1997.

    2. The ones who would rather open carry be totally banned by statute and fight about it's constitutionality later than deal with the muddled crap that is RCW 9.41.270.

    I don't support gun control. However, I've lived in a state that banned open carry entirely. I can live in one again, but with the whole "warranting alarm" crap that keeps coming up over and over and over again here in Washington needs to stop.
     
  14. Henry Bowman

    Henry Bowman Senior Member

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    Part of why I am an advocate of holster carry, whether concealed or open.
     
  15. Gray Peterson

    Gray Peterson Member

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    Henry,

    It does not MATTER here about whether or not the handgun is holstered or not. Even a professional OWB holster still results in harassment and threats under 9.41.270 in this state. I know, because I've had it happen to me.
     
  16. cropcirclewalker

    cropcirclewalker member

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    This is like a trick question.

    I can't figure out which is worse........a state which bans open carry by law, or a state which says it is lawful and then charges you when you do it.

    Trick question.

    Some of us who think we are free, yet are afraid to open carry for fear they will make it unlawful.

    Why make it unlawful if we are afraid to do it anyway?

    Trick question.
     
  17. Henry Bowman

    Henry Bowman Senior Member

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    My point is that it is much easier for the label of "warranting alarm" to look and sound reasonable (regardless of how the person is groomed or dressed) when they have a hawg leg sticking out of their pocket or stuck "Mexican style" in their pants. For most of the sheeple, if they see an "ordinary-looking" handgun in a leather holster, they think "cop" or "detective," as they have been programmed to by Hollywood.

    I'm not saying that a "holster exception" applies, I'm just saying that if I (an abosolutly pro-2A, pro-CCW, gun libertarian absolutist) see some guy walking around a store, down the street, going into a bank, with a piece stuck in his pants, I'm going to be at least cautious, maybe even concerned, as long as we are both in the vicinity of one another. It legitimately gives the appearance that going armed was a spontanious decision on their part.

    I would rather defend you in court if I could show that what you were carrying was a gun similar to what LEOs may carry and that it was secure in your high quality (and therefore expensive) holster when I plead your case to a judge or jury.
     
  18. Rezin

    Rezin Member

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    KUDOS to you sir!
     
  19. kel

    kel Member

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    Congratulations to you!

    I hope I can merit to accomplish 1/10 of 1% of what you have for gun rights. I am a big believer in open carry as a means of familiarizing the public with firearm ownership/carry and preserving RKBA. I hope that I can soon put your work to use when I visit Seattle. Can you get an opinion from the AG saying open carry is legal?
     
  20. insidious_calm

    insidious_calm Member

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    Since his citation, filed the same day as his complaint against the officers, was obviously retaliation for his complaint he needs to sue the officers personally, and their department. That type of attitude should be punished to the max by any conceivable and legitimate means. There is no place in american law enforcement for people like that. If they aren't big enough to handle complaints about the way the interact with the public then they shouldn't be in the job.

    Kudos to you sir. You are the example the rest of us could only hope to follow.

    I.C.
     
  21. FishOrMan

    FishOrMan Member

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    Kel,

    I give you thanks for your support of the RKBA. As for the question:

    That is a question better suited for the Second Amendment Foundation or the N.R.A. Goodluck!

    As I understand, open carrying in Seattle is currently being done by a few, but they must be prepared for the elites pushing back HARD.

    I've also got the actual decision typed up and on my blog now.
     
  22. beerslurpy

    beerslurpy member

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    Wow, so if he had been charged under state law it would have been upheld. That sucks.
     
  23. ScottsGT

    ScottsGT Member

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    Congrats on the outcome!

    Now we need to blast that Judge on the basics of the 1911!!! :cuss:
     
  24. AirForceShooter

    AirForceShooter Member

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    Thank you for taking the risk.
    Not many would.

    AFS
     
  25. taliv

    taliv Moderator

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    man, good work.
     
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