Interesting Washington State law

[c_yeager]

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;
(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;
(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;
(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.
Effective date -- 1994

Now, it seems to me that this would indicate that you cant be prosecuted for defending yourself with an illegal weapon if you use that weapon to defend yourself. I heard that Texas had a law like this. But, ive lived in washington my whole life and this is the first i've seen of it. Does this mean that if i defend myself with a say a dagger or a switchblade that i wont be charged for carrying a prohibited weapon?

 

[Bill Adair]

Yeager,

I'm sure no lawyer, but I think you are still subject to charges for possessing an illegal weapon, but not for legally defending yourself (or others) with that weapon.

The WA concealed carry laws are also confusing to me, because I read exemptions for transporting firearms to and from the range.

I don't have a permit, but I think the law says I can carry concealed to and from the firing range, either for practice or competition. Do you get that same impression?

Bill

 

[Graystar]

The statute does not list illegal weapons. Subsection 1 applies to any weapon, legal or not. It is the intimidating display of that weapon that is being banned...not the weapon itself.

If the weapon you carry is illegal then that would be a separate charge.

This statute allows you to carry a pocket knife, completely concealed in your pocket, and allows the use of that knife in self-defense. That's what I do here in New York City, which has similar laws.

I'm sure there's a statute somewhere listing the kinds of weapons that are simply illegal to possess.

 

[Powderman]

Read the first part again.

What it is saying is that it is illegal to carry and display the weapon in such a manner as to intimidate.

The cite does a good job of enumerating the right to self defense, doesn't it?