Prosecutor reviews Washington man’s arrest for open carry.

A man who was ticketed for wearing an openly displayed…

A man who was ticketed for wearing an openly displayed pistol outside an Albertsons shopping center on Friday was packing a total of 35 bullets — including those loaded in the holstered .45-caliber gun and in two ammunition clips.

But Kurk Robert Kirby, 26, made no menacing statements or gestures to anyone at 5000 E. Fourth Plain Blvd., police say. He simply stood around near stores for 10 to 15 minutes before someone called 911, according to a Vancouver Police Department report.

On Monday, Kevin McClure, supervising prosecutor with the City Attorney’s Office, said he was reviewing the police reports and had not yet decided what to do in the case.

The ticket alleges that Kirby committed the crime of unlawful carrying of a weapon, a gross misdemeanor that carries, if a person is convicted, a sentence of up to one year in jail and a $5,000 fine, McClure said.

But Kirby’s attorney, Christopher Dumm of Vancouver, said the officer who issued the ticket made an error.

“We’re confident Mr. Kirby didn’t break any law,” he said. “Washington is an open-carry state.”

He added: “The police deserve my respect and they have it, but nobody is perfect and mistakes are made.”

As for Kirby himself, he declined to comment when contacted by The Columbian on Monday, on Dumm’s advice.

Meanwhile, the case has generated many comments on the Internet and is being monitored by groups and blogs in the open-carry movement.

Activists with the movement have been making visibly armed appearances such as Kirby’s in several states, to make the point that they believe the practice is legal and constitutionally protected.

Such comments can be read on Open, which calls itself “a pro-gun Internet community focused on the right to openly carry properly holstered handguns in daily American life.”

Activists on the site discuss an upcoming open-carry event that would occur in Vancouver, possibly at Esther Short Park or Leverich Park.

One such comment, using the abbreviation OC for open carry, was posted Sunday on

“Is there any chance for VPD to show up to make arrests at this or other events? I OC sometimes, by myself.”

Source: By John Branton for The Columbian.

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  • That is rediculous. We have a RIGHT under the CONSTITUTION to bear arms. EVER single AMERICAN, felon or not has that same equal right, course if they do something wrong then they go to jail. This kid wasn’t even a felon, he realistically didn’t even have to give them his name since he wasn’t committing a crime, unfortunately the cops don’t care about the Constitution, only enforcing Laws whether crooked or not! They don’t protect and serve, they harrass and bully the people and trap and fine. The fact that PD’s have monthly quotas shows they are an enemy of the people. What if no crimes were committed? they have to go seek out people to arrest who are minding their business to get funding?

    ALL AMERICANS NEED TO STAND UP AND SAY ENOUGH IS ENOUGH. 1803 Marbury vs Madison ruled that if a law violates the Constitutional ights of the people then it was null and void upon conception even if created by the legislature. Granted I can see forbidding violent felons from carrying but if you steal $250.01 you are a fellon for life, does that really mean your Constitutional right to defend your home and property no longer applies? Of Course not! They only do it cuz we let them, things are about to change. There needs to be no carry and no conceal permits, it is your right not a priviledge. Rights can’t be taken away or limited, only priviledges can.

  • m.smith

    If is legal in his state, why would he have been ticketed?

  • Justin H

    Some cops are honestly dumb.