General Discussion
In reply to the discussion: 40 Armed Gun Advocates Intimidate Mothers Against Gun Violence In A Restaurant Parking Lot [View all]AtheistCrusader
(33,982 posts)Washington's open carry law is similar, except that we are also allowed to open carry pistols.
I don't have the relevant cases from Texas handy.
Our RCW:
(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.RCW 9.41.270
We note that, in connection with this case, several individuals have commented that they would find it strange, maybe shocking, to see a man carrying a gun down the street in broad daylight. Casads appellate counsel conceded that she would personally react with shock, but she emphasized that an individuals lack of comfort with firearms does not equate to reasonable alarm. We agree. It is not unlawful for a person to responsibly walk down the street with a visible firearm, even if this action would shock some people.Washington State Court of Appeals, Division II
(Casad was still went to jail for related reasons though. Being a felon in possession of a firearm.)
An intent to intimidate would likely fall under the criteria I mentioned upthread, around 'aiming it at them', or gesturing to the gun while staring at them, like one might draw a finger across their neck to signal a threat, etc.
One could make a case that this was merely a political demonstration, albeit, a tasteless, and potentially frightening one.
I'm a gun owner, and I'd be disturbed to see something like that, and I would NEVER carry a gun to a rally of similar nature, even if I was so inclined to protest about something related. (I am not)