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Old January 30, 2010, 08:51 PM   #55
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by eviltravis
Maybe those here with more legal knowhow than I have would be able to determine if this is disturbing the peace or somesuch.
I can tell you how disturbing the peace and open carry works here in Washington state. Washington state legislature has seen fit in their judgment to permit the open method of carry of a firearm. That means that the legislature does not consider the act of openly carrying a firearm, by itself, absent other behaviors to be of such a nature as to prohibit it.

Therefore, the courts in Washington, when presented with cases of disturbing the peace, based solely on the open carrying of a firearm, absent any other behavior, has ruled that that act by itself cannot be disturbing the peace, otherwise the legislature would have criminalized that method of carry.

There is no way the kwiknru could have been disturbing the peace. He was carrying a modern replica of the firearm specified to be carried in the statute and he was carrying it in the ONLY way that was legal to do so as allowed in the statute. It's not even a matter of he was doing something that was not prohibited by law... he was doing an act that was specified as the ONLY way to conduct that act by law.

Quote:
Originally Posted by eviltravis
I'll add this. My wife works in law enforcement. I know several police officers. There aren't any of them that are "ignorant" or "crooked" in my town. They are a stand up bunch of guys and gals really that do a great job. To think that these officers go to work every day looking for an excuse to oppres folks is kind of silly.
I have come across one arrogant police officer in my town. I would never say that the police force in my town are all arrogant or ignorant based on that one officer. Every once in a while you do run across a power-hungry cop, like the one I dealt with, but I agree with you...99% are doing a very difficult and dangerous job to the best of their ability and they deserve our respect and admiration. But I still won't let them violate any of my rights
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