I think most people tune for the "open" position since they run 98% of the time in that position. They only run quiet to go through their neighborhood or when they see The Man. You would obviously run rich during the 2%, but would probably cause no harm.
I found one post where someone was pulled over by the police for excessively loud pipes. While pulling over, they hit the switch to close the flapper and run through the baffle. They then denied having loud pipes and blipped the throttle to prove it. The cop apologized for pulling them over and said he must have made a mistake!!