WA: Man found not guilty for drawing weapon on bouncers

[seamusTX]

Longview, Washington (southwest), January 15 -- A jury found a man not guilty of four counts of felony second-degree assault with a firearm for brandishing a gun at four bouncers who threw him out of a bar. The defendant had claimed self defense.

The bar manager, who took the stand for the defense, said he had previously discussed the problems with the defendant and reprimanded some of his bouncers for being too aggressive.

The man had a Washington concealed weapons permit.

http://www.tdn.com/news/local/article_3 ... 03286.html" onclick="window.open(this.href);return false;

According to Washington law, the state will have to reimburse the defendant for attorney fees and lost wages.

- Jim

[Oldgringo]

Longview, Washington (southwest), January 15 -- A jury found a man not guilty of four counts of felony second-degree assault with a firearm for brandishing a gun at four bouncers who threw him out of a bar. The defendant had claimed self defense.

The bar manager, who took the stand for the defense, said he had previously discussed the problems with the defendant and reprimanded some of his bouncers for being too aggressive.

The man had a Washington concealed weapons permit.

http://www.tdn.com/news/local/article_3 ... 03286.html" onclick="window.open(this.href);return false;

According to Washington law, the state will have to reimburse the defendant for attorney fees and lost wages.

- Jim

That is a refreshing, if not surprising, bit of news from a state that does not recognize a Texas CHL. To my knowledge, Washington does not have a sign similar to Texas' 51% sign nor do they have any type of 30.06 sign?

[A-R]

Questions:

1. You can carry in a bar in Washington state?

2. If you're acquitted, the state has to pay your legal fees and lost wages?

3. Why was he carrying an unloaded semi-automatic handgun, and if it was unloaded then why are the police returning to him a gun AND ammo?

[seamusTX]

3. Why was he carrying an unloaded semi-automatic handgun, and if it was unloaded then why are the police returning to him a gun AND ammo?

It's not clear that the weapon was unloaded.

The story states that the prosecutor said at some point the defendant pulled the trigger on an unloaded weapon. However, that allegation was not introduced at trial.

The weapon may have had a charged magazine with no round in the chamber.

I don't know about carrying in alcohol locations in Washington. A few states are more permissive than Texas.

- Jim

[Keith B]

I don't know about carrying in alcohol locations in Washington. A few states are more permissive than Texas.

- Jim

Per Washington law, it states:

(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under
twenty-one years of age.

This would normally be the area where liquor is served. Not sure how this location is licensed or wheather he was not into an area restricted to 21 year olds or not. Either way, that was apparently not brought up as an issue.

[A-R]

I'm all for legal concealed carry in a bar. But I DO have a problem with someone carrying in a bar AND being intoxicated. There were a few hints in this article that some thought this guy had one too many and maybe that's why he was being tossed out? But again, not part of the charges, no breathalizer or involuntary blood draw (I mean, he doesn't live in Austin, Texas ), so who really knows.

I just think this whole scenario of this article is an interesting example for both sides for and against CCW in bars in Texas.

[seamusTX]

For one thing, he never got into the bar.

The place is called "bar and grill," so maybe it is similar to what we call a "food and beverage permit." It's unusual for that kind of place to have bouncers, though.

- Jim

[Keith B]

For one thing, he never got into the bar.

The place is called "bar and grill," so maybe it is similar to what we call a "food and beverage permit." It's unusual for that kind of place to have bouncers, though.

- Jim

House of Blues is very similar to this; they have a cover charge or ticket for entry when they have concerts or bands, including bouncers/ticket takers, yet they are not a 51% establishment and have a FB license.

[bdickens]

Hey, that's good to know.

[chabouk]

Any place with four bouncers is not "a bar". It might be a club, it might be a sports bar & grill type place, but it's not a neighborhood pub.

Don't forget, the press plays fast and loose with words like "bar" that might have precise legal definitions that differ from common usage. We see headlines about Virginia's "Guns in Bars" bill, but there are no bars in Virginia; they do not allow 51%+ establishments, only food & beverage. Tennessee went through the same thing.

[Keith B]

A Internet search shows this place hosts Cage Fighting matches and other large venues, so it is definitely a larger night club of some sorts. They probably are licensed so under 21 can come in for some venues which would negate the law on CHL holders.

[seamusTX]

Don't forget, the press plays fast and loose with words like "bar" ...

The name of the place is "_______ Bar and Grill." (I'm not using the name because I don't want people to find this forum by searching for it.)

I've seen places called "coffee bar" and the like that didn't serve alcohol at all. That's why the term doesn't appear in Texas statutes.

- Jim

[remington79]

From what I remember you can't carry in a bar in Washington. However you can carry in a bar in Idaho but you can't drink while carrying. No reason the designated driver should be unarmed.

[marksiwel]

According to Washington law, the state will have to reimburse the defendant for attorney fees and lost wages.

I kind of like that

[seamusTX]

It's one of those ideas that sounds good until you consider all the consequences.

The taxpayers pay for the reimbursement one way or another, through higher taxes or funds diverted from other uses.

I have no idea how the state of Washington funds this program.

Also keep in mind that a verdict of not guilty is not equal to innocent. Many of these defendants are as dirty as a septic tank, but the state could not manage to prove their guilt beyond a reasonable doubt. This case is probably an example of that.

- Jim