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 RCW 9.41.270 (3c) Defense for brandishing. Precedents? 
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Location: Wetside
Joined: Tue Jul 14, 2020
Posts: 943
In WA "brandishing" is a crime. Except....

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:
...
(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;

Although 3(c) exception seems to be quite straightforward, considering sorry state of 2A in our courts I suspect they found a way to weasel out of it. Does anybody have a reference to any case law where 3(c) was successfully used as defense in WA state to a charge of brandishing?

Thanks in advance!

P.S. Clarification: This is NOT a solicitation of legal advice in any ongoing case. Just trying to educate myself on realities of the law to incorporate into practical tactics... :)


Tue Jul 14, 2020 7:00 pm
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Location: Snohomish County
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https://advance.lexis.com/container?con ... 25b9e3cee2

type RCW 9.41.270 brandishing into the search box, and you can peruse the 178 Washington appellate law decisions that pop up. Or you can just click the link in which I did the search: https://advance.lexis.com/container/?pd ... 2198ca2f6e


Wed Jul 15, 2020 4:54 am
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Arlington2018 wrote:
https://advance.lexis.com/container?config=00JABiZDFhYmU0My03MTRiLTQ1OTYtOGFjYi02Yjg0MWYzZTYzNGMKAFBvZENhdGFsb2f9AmKsL25rOJ32peBAlAS6&crid=264e0a38-053e-4b5b-b2aa-f82198ca2f6e&prid=515a7ca9-63a9-4ec0-b505-9c25b9e3cee2

type RCW 9.41.270 brandishing into the search box, and you can peruse the 178 Washington appellate law decisions that pop up. Or you can just click the link in which I did the search: https://advance.lexis.com/container/?pd ... 2198ca2f6e


Perfect! Exactly what I was looking for - thanks!

Will read up on it and post a short summary afterwards... :)

_________________
Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.”

Ronald Reagan Oct. 27, 1964


Wed Jul 15, 2020 11:42 am
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SurfPerch wrote:
Will read up on it and post a short summary afterwards... :)


Well, (3)(c) appears not once used in appellate courts records :)

(3)(a) - exception made for a "place of abode" is the only one mentioned many times. For (3)(a) "place of abode" is narrowly defined as your residence structure or attached to it, You can sit on your attached deck in a backyard with a gun that scared neighbor kids, but you cannot walk with it to your detached garage/shop if anybody can be alarmed by that. (like police is giving a command to drop the gun) Obviously your front lawn does not count- if I'm going to play Mccloskey, I could maximum stand in a plate carrier in my doorway/porch smiling with carbine in African carry:)

One case with (3)(a) exception for "place of abode" though probably explains why this statute doesn't appear in practice with (3)(c) exception. One dude in his apartment shove the muzzle of his unloaded riffle into a stomach of the male houseguest invited by his girlfriend and said "leave, or..." Although (3)(a) "place of abode" exception applies to "brandishing" but its a lesser charge and the least of his problems facing assault of second degree felony. ''

Similarly, I'd guess, when response with weapon involved in response to "unlawful force of another" brandishing RCW 9.41.270 is the least charge and the least problem for parties involved and therefore of no consequence.

Not a lawyer, just what I think I've read in the materials provided.... :)

Thanks, Arlington2018! :thumbsup2:

_________________
Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.”

Ronald Reagan Oct. 27, 1964


Wed Jul 15, 2020 8:39 pm
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