My friend was recently cited for an infraction in a local city park for "Trespassing" after hours. I was his ride to court, and I sat in during his case.
My friend happened to be open carrying his pistol at the Beach Park after dark, and he was given a trespassing citation for being in the park after hours. In the report, it was noted that he was carrying a firearm. Note that it is 100% legal to open carry a firearm in the state of Washington.
His defense in court was that he was under the impression that he was able to be physically present at the beach park, but thought that the park hours meant that he was only unable to leave his vehicle in the park.
The judge actually admitted that he wasn't 100% sure of how that sign would be interpreted. The sign simply has the hours of the park, but doesn't specifically say if it means "No Parking after hours" or "No Trespassing after hours"
I could tell the judge was leaning toward issuing a fine for the infraction. The judge continuously pestered my friend as to why he had his firearm on him, and he kept saying that he was simply taking a late night jog through the park and said he always carries his pistol with him when he's out late at night, and he argued that the only reason he was stopped and cited was because the officer saw his pistol.
Obviously the judge hadn't seen too many cases like this, otherwise he would have known the policy of the park. The judge ended up ruling that my friend was indeed trespassing.
Now, after my friend faced judgment on his infraction, he ended up calling the Mayors Office AND City Manager the following day to get insight. He spoke directly on the phone with the Mayor and explained his case, and the Mayor explained to him that any citizen can be present at the park after hours, as long as their vehicle is not parked behind the gates after they close. He then gave the Mayor his case number, and the Mayor said he would take further action and that he would be hearing from the city within two weeks.
Does this sound like he was simply stopped and cited because he was open carrying his pistol in the park?
Can the officer and judge get any sort of disciplinary action for wrongfully issuing an infraction when both the Mayors office AND City Manager concluded that he wasn't in violation? What do you think his chances are of getting this ruling dismissed? I mean, it's $150.00, but it's $150.00 that he shouldn't be paying in the first place.
City Council makes the city ordinances and he was wrongfully judged here.
My friend happened to be open carrying his pistol at the Beach Park after dark, and he was given a trespassing citation for being in the park after hours. In the report, it was noted that he was carrying a firearm. Note that it is 100% legal to open carry a firearm in the state of Washington.
His defense in court was that he was under the impression that he was able to be physically present at the beach park, but thought that the park hours meant that he was only unable to leave his vehicle in the park.
The judge actually admitted that he wasn't 100% sure of how that sign would be interpreted. The sign simply has the hours of the park, but doesn't specifically say if it means "No Parking after hours" or "No Trespassing after hours"
I could tell the judge was leaning toward issuing a fine for the infraction. The judge continuously pestered my friend as to why he had his firearm on him, and he kept saying that he was simply taking a late night jog through the park and said he always carries his pistol with him when he's out late at night, and he argued that the only reason he was stopped and cited was because the officer saw his pistol.
Obviously the judge hadn't seen too many cases like this, otherwise he would have known the policy of the park. The judge ended up ruling that my friend was indeed trespassing.
Now, after my friend faced judgment on his infraction, he ended up calling the Mayors Office AND City Manager the following day to get insight. He spoke directly on the phone with the Mayor and explained his case, and the Mayor explained to him that any citizen can be present at the park after hours, as long as their vehicle is not parked behind the gates after they close. He then gave the Mayor his case number, and the Mayor said he would take further action and that he would be hearing from the city within two weeks.
Does this sound like he was simply stopped and cited because he was open carrying his pistol in the park?
Can the officer and judge get any sort of disciplinary action for wrongfully issuing an infraction when both the Mayors office AND City Manager concluded that he wasn't in violation? What do you think his chances are of getting this ruling dismissed? I mean, it's $150.00, but it's $150.00 that he shouldn't be paying in the first place.
City Council makes the city ordinances and he was wrongfully judged here.