STATE v. SPENCER

No. 32136-6-I.

75 Wn. App. 118 (1994)

876 P.2d 939

THE STATE OF WASHINGTON, Respondent, v. RANDOLPH J. SPENCER, Petitioner.

The Court of Appeals of Washington, Division One.

July 25, 1994.


Attorney(s) appearing for the Case

Adam Shapiro of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Roger S. Rogoff and Janet L. Capps, Deputies, for respondent.

Richard B. Sanders, amicus curiae.


COLEMAN, J.

Randolph J. Spencer was granted discretionary review of his conviction for one count of brandishing a weapon. He argues that (1) RCW 9.41.270 violates his right to bear arms under the Washington State Constitution, (2) the statute is unconstitutionally vague, and (3) the statute is unconstitutionally overbroad. We affirm.

On August 19, 1991, at approximately 10 p.m., Spencer was taking a walk with his dog. He carried his AK-47 semiautomatic rifle...

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