Fish Or Man

Saturday, May 07, 2005

Jury Instruction No. 5

Wording taken from Ellensburg City Code 7.32.08;

"It is unlawful for any person to carry any pistol, or any other weapon apparently capable of producing bodily harm in a manner, under circumstances, and at a time or place that warrants alarm for the safety of other persons."


That blockquote is Instruction No. 5 in it's entirety. No exception for police, self-defense, military, ect.

I did get the officer on the witness stand to admit to seeing another officer aim a gun at a suspect and to say that that action warranted alarm for the safety of the suspect. I asked him if he cited the officer with the law I am cited with. He said no. When asked why, he said he believed police have an exception to this law. (Yet, it just isn't there).

The exception are in the state version of this law, RCW 9.41.270, but are not in the City Code. Thereby making the city code Unconstitutional on 2nd Amendment grounds, and nullified and void by WA state firearms preemption law, RCW 9.41.290.