=============== Proposed amendment to RCW 9.41.270 =============== See http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.270 Contact: John Hardin Permanent copy: http://www.impsec.org/~jhardin/wa_gun_laws_open_carry.txt $Id: wa_gun_laws_open_carry.txt,v 1.12 2007-08-25 14:25:59-07 jhardin Exp jhardin $ --------------------- RCW 9.41.270 shall be amended as follows. RCW 9.41.270 currently reads: (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. ((subsection (2) omitted)) (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. Subsection (1) shall be amended to read: (1) It shall be unlawful for any person to 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, with the specific intent to unlawfully intimidate, threaten or coerce another person or persons or in a manner that manifests negligent disregard for the immediate safety of other persons. --------------------- Rationale: "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men." Article 1 Section 24, Constitution of the State of Washington The law as it is presently written is vague about whether or not peaceful, lawful open carry of a firearm is punishable, or under what circumstances it is feasible for a law-abiding firearm owner to openly carry a holstered sidearm without fear of detainment, arrest and possible prosecution. Someone who is afraid of firearms may very well perceive an "intent to intimidate" or may experience and express "alarm for the safety of other persons" in the mere presence of a properly and safely holstered firearm, even when the person carrying it is not behaving in a manner that would rationally warrant such fear or alarm. King County law enforcement training materials include this text: In this law, mere possession of an openly carried handgun is not prohibited. In order to support an enforcement action under this law the officer must be able to articulate (describe in a convincing manner) malicious intent by the suspect or circumstances that reasonably cause alarm to the public. In either case, because open carry in Washington is presumably legal, the articulation must include something beyond mere, open possession. The fact that this must be explicitly spelled out for law enforcement officers, and the fact that incidents between peaceful firearms owners and law enforcement officers have made this training topic necessary in the first place, further show that the law as currently written is vague and needs clarification. The history of this law shows that the legislative intent was not to prohibit open carry of firearms. There was a specific concern about intimidation by political radicals. Newspaper coverage indicates that the legislature was quite concerned that the Black Panthers were about to show up in Olympia, armed to the teeth, and visit the legislature. As currently written, the law provides a pretext for police officers who are hostile to private firearms ownership to detain and disarm law-abiding and peaceful people who are openly carrying lawfully-owned firearms but have committed no crime. The law should be clarified to remove the ambiguity and remove this pretext for harassment, while still punishing obviously malicious or negligent behavior.