[Editor's Note: It takes guts, real guts, to stand up to the police in this manner. You can see from the story that the Ellensburg cop was setting this guy up to pounce on him with the too-often employed "you need to calm down sir" routine as an excuse to call for backup and then haul this guy away, likely smashing in his face in the process. Fortunately, this story had a happy ending. Rick Stanley wasn't so lucky. Rick attempted to do the same thing in Colorado and was put through the wringer by an outrageously corrupt judge there who should be sitting in jail himself for violating this man's right to openly bear arms. We need more guys like this in this country, unafraid to stand up and be counted. My thanks to Jason Hartney for forwarding. ..Ken]

By Jason Hartney <ShootatFish@yahoo.com>
http://educate-yourself.org/cn/opencarryellensburgva26may04.shtml
May 26, 2004

Incident at the Fred Meyers department store

When I was approached by a police officer I was quite calm. My wife was trying to decide on eye-shadow. I was doing my best to act interested.

When he gave me an evil look keeping his hand near his sidearm, I was still calm.

He then told me why he was stopping me, a 911 call of a man with a gun.

I quizzically asked, "You just described a legal activity???"

That's when the "investigating an investigation" came in. That is when I was being pushed.

I told him it was quite legal for me to be shopping with my wife legally open carrying my handgun.

With this statement made, all the facts were in place for him to leave me alone. That is unless we are presumed guilty. He had no cause, reason, or statements from other citizens to otherwise determine that a law had been broken. Someone calling police and saying I saw a man with a gun, is quite legal. RCW 9.41.270 is not about what I do, but is about what other people might feel. He had all the information necessary to determine if what I was doing "manifests an intent to intimidate another or that warrants alarm for the safety of other persons." With him walking away from me 13 minutes later, with me carrying my gun in the same manner as when he walked up to me, he obviously decided RCW 9.41.270 did not apply, (yet all the information to make that decision was in plain view from the moment he saw me). He decided against leaving the law abiding citizen and presumed guilt by his continued harassment.

He told me, "you need to calm down sir" As if the "sir" on that makes it polite. Good job in neighborhood policing Ellensburg.

I told him, "No, I don't need to calm down. I need to stop being harassed for a legal activity."

He asked for my ID.

I asked why I was being investigating for a legal activity?

He gave the line investigating a 911 call investigation again. I was being pushed farther.

I gave him my ID, telling him I didn't enjoy his company or the harassment. (But at least, now he had my ID, so he could do his "investigating an investigation" garbage and leave my wife and I alone.)

He looked at me blankly for a couple of seconds, not moving or doing anything.

I asked him to do his job and so he could leave us alone.

He just looked at me blinking his eyes showing his disgust. Then telling me, you need to calm down sir.

I told him again, "I DO NOT. You need to do your job and leave me alone."

He told me again, "you need to calm down sir."

I asked him, "Why are you still talking with me instead of doing your job?"

At which point he glared at me and stepped out of my face and started looking at my id.

He asked, is this your current address?

I responded, yes it is.

He then started running my ID, and stood back for a couple of seconds while doing that.

My wife and I chatted briefly then he stepped forward again and started with his opinion.

I said, "why am I being harassed for a legal activity?"

He told me the investigating an investigation line again. And told me once again I needed to calm down and was making a scene.

I told him I did not need to calm down. He needed to stop harassing me and simply do his job, then leave my wife and I alone.

At this point he took my gun, and called out the "code 1."

I said, "code 1? What do you need a code one for? 5 officer's will be here in 2 minutes and THEN there will be a scene."

He told me he had only called for one additional unit.

I knew better and told him, "5 officers! Way to increase the level."

He stepped back and got the report back on me being legal.

I chatted with my wife. Brave soul she is... she was still checking out make-up.

Officers came from everywhere. (I would like to say 4 more, but I never actually stopped to count, plus I think one left early.) The officer's all huddle up and the initial officer started relaying to them what a bad boy I had been. As I recall upon them breaking up their huddle, one quickly left saying something about needing to do some other paperwork.

The initial officer and others left, (I found out later to round up Fred Meyer managers to attempt to get me removed from the store).

One officer stayed started in on me, immediately saying, "you need to calm down sir." He said this over the top of the discussion of law I was having with my wife.

I told him I did not ask for his opinion.

He said, "well, I'm giving it to you anyway."

I let him talk with my wife. His first comment to her was. Do you know this man?

She said, yes, he is my husband.

He then said, what is wrong with him?

This is where she made her statement to the effect that people have been brainwashed against seeing a gun and open carrying.

I had a small conversation with this officer as well, him telling me how he always carrys, (concealed), even when off duty. But, he didn't need a CPL.[concealed pistol license]

I told him how I had gone through all my life not realizing any citizens were actually carrying handguns, and being ignorant of that I might very well have voted to ban them all.

He asked if I had a conceal carry permit.

I told him I didn't need one for what I was doing.

He asked again, if I had the permit.

I said, no, I do not.

While getting grilled by him I watched as numerous Fred Meyer's managers came over, stood by officers and looked at me. They then walked away from the group of officers, obviously deciding against having me removed. One of the managers, looking and smiling at me.

The officers re huddled and upon breaking, one of them went off to the bank, coming back with the manager. The officers huddled with the bank manager for a couple of minutes and then the bank manager approached me.

The bank manager, started by saying how I was always polite in his bank and enjoyed me as a customer. He then told me he was the victim of a robbery and that there was a 17 year old teller that didn't know what to think when seeing the gun. He told me he believed that the corporate office had rules that concealed was alright, but that corporate security had rules against open carry, so he thought. He was not at all sure about corporate policy on this matter, either.

This is where I felt he was prodded by officers to get me banned from open carry. (Plus, after talking with Washington Mutual Corporate office they said they have no such policy).

And I know that Fred Meyer's managers were prodded. That happened right in front of me. Almost felt like a police line up... Do you want to ban this EVIL man from carrying a GUN in YOUR store? Damn. It felt good when those managers walked away.

Well, the bank manager left. The officers huddled up one more time, then the initial officer handed me my gun back, not saying anything to me, quickly turning and walking away. Yet only minutes before he had determined I was too "not calm" to carry my gun. One officer in the group did say have a nice day and I replied to all of them the same.

Jason Hartney

Web posted at: http://fishorman.blogspot.com/2004/05/details-details-details.html

Related

http://www.thehighroad.org/

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