Man cited for open carry in Vancouver,WA.
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Man cited for open carry in Vancouver,WA.


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Old 03-30-2010, 08:49 AM   #1
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Default Man cited for open carry in Vancouver,WA.

?Open Carry? law controversy: gun owner cited | KATU.com - Breaking News, Sports, Traffic and Weather - Portland, Oregon | Local & Regional

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VANCOUVER, Wash. - A Vancouver man was cited Friday for wearing his pistol in a grocery store even though it’s legal to carry a gun in Washington and Oregon.

The incident is part of a growing controversy over what’s called the “Open Carry” law and highlights the debate over people openly wearing firearms in public places.

While police said it is legal in Washington and Oregon to openly carry firearms in public places, Kurt Kirby was ticketed by Vancouver Police on Friday outside an Albertsons on East 4th Plain after shopping with his loaded semiautomatic pistol holstered on his waist.

The owner of the nearby martial arts studio called 9-1-1, and according to the police report, the owner was alarmed because he teaches small children and was concerned for their safety.

The police officer cited Kirby under the law that says it is wrong to carry a weapon if it “manifests an intent to intimidate another or that warrants alarm for the safety of other persons.”
The martial arts instructor is a d-bag and so is the cop.


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Old 03-30-2010, 12:05 PM   #2
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If it is legal what was the ticket for? Scaring the pants off a kid touching douche bag.

From what I can find there is no marital arts studio around albertsons in Vancouver Wa.



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Old 03-30-2010, 12:08 PM   #3
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1st: I want to say, I'm sure the LEO was doing what he saw fit to rectify the citizen's complaint. 2nd: The Martial Arts instructor needs to stop running around scared with his tail between his legs. BG's aren't going to open carry. This incident just re-enforces what I try to get across to members here about the consequences of printing, momentary unconcealment,etc. Although this is not a concealment issue the same rules apply. The general public don't view guns as we do here at FTF. In my state there's a statute on the books that basically states ANY weapon that is carelessly shown/displayed (printing,unconcealment) not in defensive manner is punishable by the law. I have stated the following before: That state laws aren't written so clearly that ALL have a plain understanding of it. All I can say is know and understand ALL the laws of your state that govern gun control. Hopefully Mr. Kirby can get a good lawyer and over-turn this.
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Old 03-30-2010, 12:31 PM   #4
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Doesn't matter what the general public views. The law is the law and the police should enforce the law.

"Hello, police?"

"9-1-1. What is your emergency? How may I help you?"

"There some crazy gun with a gun on his hip out here. I'm afraid he may do something!" Hiyah!"

"Sir, openly carrying a firearm is perfectly legal. If it it holstered then just leave him alone. Did he threaten anyone?"

"KIAI! No, but guns are scary and I'm terrified!! KIAI SOOOO!!! The kids are in danger!!"

"Look moron, do you eat every meal with a spork? Put your big boy panties on and go on about your 1/4" pine wood breaking. The man is not breaking any laws. If he gets too close, show him your blackbelt, that'll learn him. Pound sand and have a nice day."


"b..B B but!"
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Old 03-30-2010, 02:09 PM   #5
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Goju, Look I'm on your side, the call should have never been placed unless the guy was threatening or careless with his firearm. It does matter about the general public because that's where most of these kind of problems start from. The LEO probably felt he was enforcing the law. Your OP has a quote..."manifests an intent to intimidate another OR that warrants ALARM for the safety of other persons". Granted, it's a loop-hole, but it's basically structured that if someone is scared about the sight of a gun they can call. In my state it's legal to open carry on private property. That law didn't stop LEO's from disarming me on my own land when they pulled up on my property to ask some routine questions about home invasions in the area. Again, I agree with ya'- the call shouldn't have been made, but when LEO's receive the call they have to respond and make quick judgement calls. Mr. Kirby should fight it and hopefully the judge will see it his way.
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Old 03-30-2010, 02:43 PM   #6
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Let me add that when a call comes in to the police dispatching system they do not have the authority to screen calls for service. Only a supervisor can dictate whether or not a call will be discarded. Once the call is dispatched, the officer must answer that call and perform his duties. We can sit back and Monday morning quarterback his decision be it right or wrong however we weren't there.

If everything was the way it was written, the proper thing for the officer to do was to go to the martial art caller and explain what the law was and how it pertains to the citizens and then call clear of the call, or have a supervisor meet with him and the citizen. Maybe there other circumstances that were not identified in the news report that had some bearing on the officers actions.

Until the OC debate is decided one way or the other, there will always be people who are afraid to see people with guns. Maybe the media and certainly recent events have caused a panic in some who will immediately think the worst when a gun is seen, and call the police.
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Old 03-30-2010, 03:11 PM   #7
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I have never even been to Washington. In Texas, the complainant's fear must be reasonable. D'bag panty waist complainants bitch about all sorts of stupid crap. I get to point out their douchebaggery and tell them "No, I am not going to file charges in this case."
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Old 03-30-2010, 03:19 PM   #8
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There was no requirement that this officer cite Mr. Kirby. There could have been a little discussion about the douche who called 911 and that he was going to be cited for making a false police report.
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Old 03-30-2010, 03:22 PM   #9
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I'm guessing that when it's all said and done, the ticket/charge will be dismissed with some apology from the city and or the P.D. The problem is the aggravation that Mr. Kirby is going through and what recourse does he have aginst the martial arts complainer...none that I know of. He may be able to sue the city but I don't think that will go very far either.
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Old 03-30-2010, 03:43 PM   #10
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I can't speak for Washington. I know that if somebody calls the police to report you for open carrying in North Carolina the law enforcement officer will not arrest/cite you on sight. They will assess the scene, and if you're just going about your business, they will ask you to leave since you have frightened someone. If you refuse to leave, well, there you go: free ride to jail or a citation.

Maybe this guy argued with the law enforcement officer and said he wouldn't leave?


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