Does Open carry protect an accidental CC exposure?

[Bobarino]

Deadin, that really doesn't happen at all in Washington. not even in downtown Seattle. it would more likely go something like: person sees accidentally exposed CCW, calls cop, cop responds and asks if you're armed and have a CPL. you show him, he says be more careful next time and that's about it. for being a liberally run state, WA is pretty gun friendly. there are still a few officers and departments that are not up to speed on the legality of open carry and sometimes people get harassed for it, but so far, no one from the OCDO board has been arrested and booked. some have been detained, however.

Brokendreams,

the applicable law is this one:

RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.


(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, 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.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments.

in other words, accidentally exposing your gun is not a crime. there's a pretty big contingent of open carriers in WA that are trying to normalize the practice here and educate the police forces about the legality of it. check it out here: http://opencarry.mywowbb.com/forum55/

Bobby

 

[Vern Humphrey]

If the person that called the cops would have charges filed against them or harrasment then I could see the light.

The normal charge would be "creating a disturbance" or something like that.

I think a good defense lawyer could make the point that the person with the gun did not create a disturbance -- the person who called the police and created a hullabaloo did.

 

[sgb]

Tell that to your local over zealous rookie cop!
I worked with cops every day in Florida for 2 decades.Your bold red print will not help if you run into the wrong guy at the wrong time.Everybody's a lawyer.Whats your resume'?Training?Give me a break.
You'll get off eventually in almost all cases but after SO MUCH AGGRAVATION.Comprende,sqb?

I spent a couple of decades as an LEO, so yea I think I comprehend. Fear of running afoul of an ignorant LEO must be a terrible thing to live with, good luck with that.

 

[SuperMagnum]

I think a good defense lawyer could make the point that the person with the gun did not create a disturbance -- the person who called the police and created a hullabaloo did.

Yep, and then I get to buy more guns after I sue their dumb asses. I welcome the fight, because I refuse to act like, or be treated like a criminal.

 

[Dr. Fresh]

I'm a resident in Washington. I live in a windy town and my cover garment ceases to cover my weapon from time to time. It's not illegal unless they can prove you had the intent to intimidate others. Court precedence states that carrying a firearm openly doesn't count.

 

[PT1911]

if you are open carrying you are open carrying if you are concealed carrying you are concealed carrying... any cross of one into the other is not accepted well anywhere that i am aware of...

 

[loop]

The Idaho law is pretty confusing. The state allows open carry. It also permits concealed carry without a permit if you are en route to hunting or fishing or while hunting or fishing.

But, it does not allow concealed carry in a mining camp with or without a permit.

The concealed carry law considers it brandishing if you accidentally show your weapon while it is concealed. It is rarely prosecuted, but it is there if the police want to charge you with it.

I'd be very cautious around the Boise police. In an average year they kill more people than the entire population of Idaho combined. They can be more than just a little overzealous.

The laws may have changed since I was a LE pistol and subgun instructor in Idaho, but those were in effect when I left about eight years ago.

 

[4Freedom]

I'd be very cautious around the Boise police. In an average year they kill more people than the entire population of Idaho combined. They can be more than just a little overzealous.

Boise cops are bad? I was thinking of moving to this town to save money and have more sunshine exposure.. I still not quite sure of the atmosphere of the place. I thought Boise was more right-wing, gun friendly place than the more liberal left-wing Portland.. I could be wrong.

 

[catspa]

Hey, brokendreams.

WA native here, most often from the rural and small town parts where people seeing your sidearm only becomes a big deal if you do something stupid along with it. However, I have talked to a couple guys who have been hassled by Seattle cops when carrying.

We have state preemption here (RCW 9.41.290), which provides that local gun laws that differ from state law are null and void. RCW 9.41.300 also lists some prohibited areas, like courtrooms and associated areas, places where liquor is served, and the parts of jails or insane asylums where the inmates are, and airport security areas.

The mayor of Seattle, however, has decided that he's going to decree all city property to be a gun-free zone. So far, he hasn't had much luck enforcing it.

If I were you, I'd apply for a WA drivers license as soon as possible. When you apply for your CPL, they have 30 days in which to issue it, but if you don't have a WA DL, they have 60 days. I assume that you'll want a CPL as soon as possible.

Best of luck to you, and look me up when you get here. I'm in the county across the big water from you.

Parker