Law Enforcement Officer Safety Act (LEOSA) & the Air Force

Purpose. Certain law enforcement officers who work for the Air Force, have requested that the Law Office of Mark Knapp draft an Opinion Letter analyzing issues related to Law Enforcement Officer Safety Act (LEOSA) Identification set forth below. The officers have indicated that they have been treated differently than other DOD and Air Force employees and that LEOs and their families are endangered thereby.

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Facts. Law enforcement members of the 375th Security Forces Squadron have raised certain issues pertaining to the Qualified Law Enforcement Officer Identification cards. The LEOS asserted that their right to carry a weapon off duty is being violated by Air Force policy. One grievance has been filed via the officers’ collective bargaining representative which is National Association of Independent Labor (NAIL) Local 19. The grievance raised issues under the Second Amendment and Law Enforcement Officer Safety Act (LEOSA) of 2004 and as amended in 2008. Read more

Spokane Criminal Defense Law Firm

Criminal Defense. A big component of our Spokane area criminal defense practice is dedicated to restoring the right to own firearms. Up until a few years ago, the NICS did not recognize restoration of rights for non-felony domestic violence convictions entered in Washington state. With many Domestic Violence (DV) convictions, a person is still prohibited by Washington state law from possessing firearms under RCW 9.41.040 (2)(a)(i).

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Domestic Violence. The Domestic Violence convictions that prohibit possession of firearms under Washington state law are the following crimes when committed by one family or household member against another, after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence. Read more

Expungement of Convictions, Gun Rights & Criminal Defense in Spokane, Washington

Criminal Defense. As a Spokane Criminal Defense attorney, Mark Knapp often gets calls regarding restoration of gun rights, expungement and the right to possess firearms under Washington state law. In Washington state, expungement does not restore the right to possess firearms. A Petition to Restore the Right to Possess Firearms is the procedure that is required pursuant to RCW 9.41.040.

Restoration of Gun Rights. There are many pitfalls and potential problems that arise in the process. Although some situations seem simple, it is best to have an attorney handling your case that focuses on firearms issues and restoration of gun rights. Read more

Criminal Assault Laws, Self-Defense & Display of a Weapon With Intent to Intimidate

Display With Intent to Intimidate. The Spokane area Law Office of Mark Knapp PLLC handles many kinds of criminal defense cases. Many present issues of self-defense. The ability to claim self-defense depends on whether there is an imminent threat of death or grave bodily harm. The issue of self-defense often arises when a weapon is displayed during a road rage incident or some altercation.

The Washington State Legislature enacted RCW 9.41.270, the Display With Intent to Intimidate law, in 1969. The statute prohibits display of a weapon in “a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.” Read more

Spokane Church & Action Training Group: Use of Force to Detain

On June 5, 2017, several members of the Action Training Group, Inc. met at Genesis Church in Spokane to discuss church security, use of force to detain and citizen’s arrest laws for church safety teams in Washington state. Rustin Rathbun, presented the information for the Genesis Safety Team and the ATG. A good discussion of Washington law followed. We had some very informative discussion as to when Church Safety teams are permitted by law to detain individuals who commit crimes on church premises.

The following points are from my notes and include several conclusions reached by my own independent research and conclusions. The conclusions herein are my own and should not be construed as legal advice. The facts of each specific situation dictate a very wide range of different legal outcomes.

The starting point for church safety teams is that even though a team of volunteers is not licensed to perform professional security operations, the church itself comes under the laws that pertain to shopkeepers. Read more

The Beef in Your Marketing Arsenal?

The LAW OFFICE OF MARK KNAPP provides NFA Gun Trusts, protects the gun rights of individuals and represents those who are charged with crimes in the State of Washington; i.e., criminal defense work. We have also been very involved in forming and promoting the Action Training Group in North Idaho and the greater Spokane area.

Attorney Mark Knapp, who is running for Federal Way Municipal Court judge, enjoys a coffee in the Commons Mall parking lot while taking a client’s call on his Blackberry. Photo by Seth Bynum

I just finished reading Chapter 3 of Guerilla Marketing, by Jay Conrad Levinson. I am not done reading the book but was invited to talk about the 16 Secrets of Guerilla Marketing at a meeting of Heart of Business in Coeur d’Alene. Read more

The Lochner Era in Supreme Court History

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Prepare.

Preparation, then action!

What is Substantive Due Process?

From 1897 through 1937, the U.S. Supreme Court ruled on a number of cases involving economic issues where the court often struck down state regulations that restricted business owners. Child labor laws and minimum wage laws, for example, were held to violate the freedom of contract, a liberty interest under the 14th Amendment. The 14th Amendment guarantees life, liberty and property and requires due process under the law before state governments can invade such interests. At one time, the Court had consistently held that the 14th Amendment only guaranteed fundamentally fair procedural safeguards.

Read more

Guns & Bibles: Protecting Children in Schools

“ To hear the ensuing debate about arming teachers and principals and security guards, I just want to go on the record with the board in saying I think that is one of the most irresponsible positions to take in this gun discussion.”

This what a Superintendent of schools stated after the Sandy Hook school shootings several years ago.

“I hate this conversation, I hate that it’s a necessary evil. What happened in Newtown…is just horrible. And having young children at home, and sitting and watching the TV, and seeing those photos with the names being called…with your children in the room, looking at the TV, and looking at you, and you’re fighting back the tears. You’re so thankful they’re sitting in that living room with you, and you’re not one of those parents. I can’t imagine what those parents feel like.” Read more

How I Came To Be The Firearms Lawyer

Now that we have called local citizens to join us in our new training group, I want to tell about myself and what we are doing. Over ten local leaders met a few weeks ago in Liberty Lake and we now have events scheduled for 4:00 PM, every 3rd Thursday of the month at the Fernan Rod & Gun Club. Read more

Veterans Administration: Obama Administration’s Strategy for Stripping Vets of Gun Rights?

It is now widely known that veterans that receive VA checks via protective payees are to be stripped of their gun rights.  There are many reasons that a veteran may have someone receiving their paychecks.  The mere inability to handle financial affairs does not indicate that veterans are a threat to themselves or others and should not possess firearms.

Also, contrary to denials, a medical provider at the VA only has to report to the NICS that there is a mental health issue- such as suicidal thoughts- and veterans rights are being taken away without the benefit of a hearing or any due process. Although there is a procedure to get rights restored after a NICS prohibition, the process can become a Kafkaesque descent into bureaucratic-legal hell!