Open carry activists planning Green Lake response(s) this weekend

Alarmed by an encounter involving a longtime open carry activist and Seattle police at Green Lake last weekend, some open carry activists are planning to visit Green Lake Saturday around noon, and others tell this column they may walk around Green Lake on Sunday.

Why? After a week of discussion on the Open Carry forum, one might think this controversy had run its course and that it is time to move on. It's caused a good discussion on the Defensive Carry forum.

The incident has taken on something of a life of its own. This column discussed the encounter that involved open carrier who calls himself “JSanchez” on the Open Carry forum, and three officers. In his original commentary, “Sanchez” asserted that one of the officers approached him with a drawn gun, held at “low ready.” Another officer ordered him to put his hands on his head, which he did. According to the officer’s narrative, “Sanchez” was then disarmed of both the .45-caliber pistol on his hip, and a smaller .380-caliber pistol in his pants pocket.

There was a conversation, during which “Sanchez,” by his own account, handed the police a copy of the SPD bulletin on open carry from 2007 and asserted that his civil rights were being violated. (Question: How many people carry a copy of a police department training bulletin? Will more activists do this?)

Responding to a question about his original account that was posted on the forum Thursday, “Sanchez” has now asserted that one of the officers:

“…stepped out from behind the tree and pointed his gun at me, and told me put my hands on top of my head and dont move them.”

On Monday, he is apparently meeting with an attorney in Bellevue. At least some Open Carry activists are fired up for a legal confrontation, though that decision would be “Sanchez’s,” and nobody else’s. In a follow-up post on the Open Carry forum, he reported Thursday evening that he had attended a precinct picnic and had spoken directly with Police Chief John Diaz. A reliable SPD source confirmed the encounter, and described it as very cordial. Here’s part of what "Sanchez" wrote:

“…I open carried to the West Precinct Open House/Picnic…and the Chief was there, so I talked to him about my situration (sic). At first he thought I had already filed a complaint and didn't want to comment, but I told him I hadn't filed the complaint yet, and asked him if in the OPA complaint process if lie detector tests were used, and he said you could volunteer for one. That makes me feel a little better but we will see what the lawyer can get from the reporting party. She should have been in a position to see [Officer A] at the tree, and my wife said she seemed shookup and embarrassed (sic), so theres hope.”

He acknowledged, however, “I don’t have any witnesses. It’s my word against his. So I’m hoping that the woman who reported me (at Green Lake) saw something…”

Meanwhile, one of this state’s pioneer open carry activists was alarmed by the description of the Green Lake encounter, contending that it should not have happened the way it was described. Gray Peterson, who worked with several police departments to produce open carry training bulletins, said Seattle has had such a bulletin for its officers since August 2007. SPD called its document a Legal Bulletin. Right up front, the bulletin notes:

In the State of Washington it is not illegal to merely “open carry” a firearm in public, provided the firearm is holstered or somehow affixed to an individual’s person and not in their hand available, but not threatening to others.

That does not mean someone who is openly carrying a sidearm is not going to be contacted by police. As one longtime contact in the SPD noted to this column, police officers do not have the luxury of picking and choosing what calls they respond to. If there is a 911 call about a “man with a gun,” they are going to show up. As this column noted earlier in the week, if someone is openly carrying in Seattle it is almost a given that the police will get a call from a concerned citizen.

Not everyone realizes open carry is legal, and some people are simply spooked by it. Even within the firearms community there is disagreement on open carry, while devoted anti-gunners demonize it. Here’s what the SPD Legal Bulletin said about handling calls related to Open Carry:

Officers who investigate the “unlawful display” of a weapon should:

·         To support the inquiry, make sure to document the ID of the complainant in order to establish the reliability of the report of a weapon being displayed.

·         Secure the weapon after contacting the subject, if necessary, during the active investigation/detention and place into evidence if an arrest is made.

·         Consider and document any victim(s) who are reasonably fearful of the conduct of the suspect.

·         Document the circumstances and duration of the display of the weapon and the demeanor of the suspect.

·         If this is an on-view situation, document your own safety concerns and fears as well as the concerns of others and any threats made.

·         If the unlawful display of a weapon is not on-view, a warrantless arrest can be made only if there is a specific, articulable threat [verbal or a specific act] made to a third party.

·         Consider and document any claim of self-defense by the person with the firearm to determine whether it is reasonable or not under the circumstances.

There is more, and it deals with how such calls should be handled by dispatchers, and how they should communicate with officers, and with the complainant.

When a call of a man with a gun comes in to 911, the call taker should establish the specific circumstances being reported, particularly the behavior of the person with the gun:

Does it appear to be an open carry incident or an incident where the individual is threatening to use the weapon? Patrol officers are being instructed to work with dispatch to determine/understand exactly what callers are reporting. Obviously, officers will continue to use caution when responding to all weapons calls, but specific details concerning the situation will assist them as they plan their approach and tactics. Additionally, patrol sergeants are being instructed to respond on all open carry incidents.

Dispatch should, therefore, attempt to keep the caller on the line in order to receive updates on the incident being reported, and a supervisor should be dispatch (sic) to potential open carry incidents.

Officers do have some options on how to handle an open carry incident depending on the circumstances, e.g., trespass, assault, intimidation, and unlawful display of a weapon. It is dispatch responsibility to provide the field units with the detailed information, including documentation of the ID of the caller so that they can be contacted if possible, which will assist officers in their analysis of the call.

Several open carry activists believe these guidelines were not followed in the Green Lake case.

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