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Law Office of Mark Knapp PLLC (253) 202-2081

Domestic Violence, Felonies and Gun Rights


Whether you are facing criminal charges, protection orders or have questions about an old conviction, we hope to raise some issues and find out about the issues that you are facing. Remember that blogs are public so don't divulge confidential information in this or any other blog. You should make an appointment with an attorney for advice related to specific legal issues. Mark Knapp is licensed to give advice and represent you in federal matters and to practice law in Washington State.

Author(s): 1

01/17/16

06:03:28 am Permalink Armed Citizen Group Forming in Spokane Valley   English (US)

Categories: Announcements [B], 563 words

We started the ARMED DEFENSE TRAINING ASSOCIATION several years ago. We met for many years in a church in Federal Way. The Federal Way ADTA chapter presently meets in a Senior Community Center. When we start a similar group in Spokane Valley or even North Idaho, it could be a great opportunity for professional trainers who are willing to come in and help us on a volunteer basis. This will give trainers an opportunity to create relationships with potential clients. We should also reach out to churches and other community organizations.

We need 5 or 6 men and women that are committed to attending a meeting to discuss feasibility and how to make such a group a reality. Participating in action shooting drills is a challenge for any organization because it can be time consuming and costly. We experienced many challenges getting ranges in Seattle-Tacoma area to consent to action shooting drills. We worked many hours contacting the various ranges. We do not take the place of professional shooting schools. Nevertheless, we will have members that have the professional experience and credentials to help all the volunteers work safely and effectively implementing training programs!

A church- or even a library- is an ideal location for a meeting place for monthly membership meetings and some occasional special educational events. We need names of potential members and leaders, that might be interested in such a self-defense group.

The ADTA is completely apolitical and simply encourages experienced shooters to help inexperienced shooters. A new Spokane area program modeled on the ADTA concept with similar objectives and protocols would present monthly live-fire events. Most ranges do not permit shoot-on-the-move or even rapid fire from the holster. We will seek to arrange exclusive use of a range for 2-4 hours in order to set up drills for shooters to engage multiple targets on the move and from cover. The new group will present other educational activities like New Shooter Clinics, Firearms Law seminars, Personal Protection in the Home classes, etc, that can occur on the range and/or away from the gun range.

What we propose is to start a group in the Spokane Valley and/or North Idaho area that will be similar to the ADTA. We can present events that are similar to IDPA matches. We plan to start out without the competitive aspect of IDPA which often intimidates even experienced shooters. Nothing would prevent us from presenting competitive shooting events in the future, however. If the interest exists and we have a range facility that is practical to host such matches, we will be discussing these and other programs.

The ADTA, with about 100 members, has a new chapter in Mount Lake Terrace and may be close to starting another chapter. I am suggesting we incorporate a Spokane group separately with a view toward possibly affiliating with the ADTA at a later time. One of the advantages of affiliation is the low cost insurance that already covers ADTA volunteers during live-fire events. Another advantage is that the ADTA already has nonprofit status with the IRS and very well developed training protocols and other business systems.

Please also forward this message to friends- especially church members, members of law enforcement and other community oriented organizations that might be interested. I encourage those with questions to call me or send me an email. Contact information is at www.firearmsLawyer.net.

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09/14/15

01:03:21 am Permalink Critical Thinking, Hillary Clinton and Saul Alinsky in 2016   English (US)

Categories: Announcements [B], 1198 words

A few years back we surveyed several high school girls in Federal Way with a few simple historical questions like which came first- the Civil War or WW II.

See video of Texas Tech Survey.

One girl in our unscientific survey knew the Civil War came before WW II but had to think about it- a lot. She remembered Harriet Tubman from Black Studies and that jogged her recollection. The video linked above exemplifies the same kind of results we discovered in Federal Way

Most of the HS students in Federal Way get taught much about critical thinking and diversity- both very big with modern educators; history is just for senior year, or so the Federal Way high school students claim. Supposedly knowing the difference between an ad hominem argument and a priori reasoning is more important than knowing any facts.

The trouble with such sophistry is that you can use critical thinking to convince someone of almost anything! You thought you believed in gravity, for example. But just because you fall doesn’t mean that some capricious entity hasn’t been manipulating the physical environment for years to create the illusion of a consistent natural principle. Scientific laws just seem inherently true due to our apriori assumptions that material and mass have actual physical properties that hold the universe in place. This is pseudo intellectual casuistry, of course, but a sophomore in high school (or even college) might find an instructor prating away on such things to be very enlightening.

The Bible states by Christ all things consist. But can’t it just as easily be the Lord of the Flies? Critical thinking responds, “Isn’t exalting a righteous God is just a method of injecting a dope like quality to people that are being enslaved by the overseer class? And by what standards do you determine your God’s so-called righteousness?”

objecting that our claim that history was not taught in the schools was unfair because Federal Way students only study critical thinking up through their third year in high school- but not history. That was exactly the point Mr. Hoff and I were trying to make when we gave our simple history test to a few students!

Its not difficult to persuade people into nihilism when they are starting out void of factual information- especially with kids! You are working with a blank slate in the first place. Biases like honoring your parents, loving your country and rejecting the evils rejected by your forefathers are safeguards against intellectual chaos.

When kids have some experience and know some facts, they can actually exercise the “critical thinking” process to assess shortcomings in what they receive. Critical thinking would be relatively harmless if it were not for the fact that many of the teachers have been so radicalized by diversity training, Black studies, Chicano studies, neo-Marxist analysis and other anti-American biases.

It is amazing that more kids are not going on shooting rampages. Taking God and the Bible out of schools doesn’t really help either.

There is a whole branch of feminism that is also Marxist. None of these “studies” come labeled as Marxist or radical but they all employ elements of the so-called critical thinking process to deconstruct everything we try to teach kids at home. Communist lawyers founded a whole school of Critical Legal Studies many years ago. The CLS movement is still going strong and has been persuasively demonstrated how judges make decisions based on protecting the interests of their class-based social status. Let’s do the same thing with the Progressives that pretend to transform America for the greatest good for all. Deconstruct some of the progressives’ own privilege-based biases and hidden agendas.

Most of us were also educated into the “Progressive” agenda. So we need to use critical thinking to see through the agenda. Critical thinking can be good or bad; i.e., it is only a process and can be used to reach almost any conclusion. Especially when you eliminate any facts that are deemed to be biased just because they are traditional. On the other hand, supposedly innovative social ideas (which aren’t really new at all) are deemed to be inherently progressive, modern and imminently worth entertaining with a dialogue that usually engenders more Progressive foolishness.

There really are people trying to steal what we have received from our forefathers and we are starting to see the tragic results. Our freedom was purchased with the blood of patriots not with endless “dialogues” conducted by talking heads & pundits!

They enemies of freedom have not really been people like Khrushchev, Mao or some faceless Communist party members in Red China. People like the Clintons, the Obama True Believers and even some Republicans are just as subversive as Chairman Mao ever was. But the real source of the attack is coming from tax exempt foundations bearing names like Rockefeller, Ford and Carnegie. Millions of dollars go to fund academic studies and it skews the academic process and skewers our young.

Communist and Socialist are academic distinctions. The way the Obama administration has encouraged the racial strife in Ferguson, Missouri and other places along with the Obama Administration’s anti-police rhetoric is a harbinger of violence to come.

The only possible distinction between Communism and Socialism is that Communists profess to believe in violent revolution. But they also resort to disguising their beliefs and will even profess to be Socialists, Progressives, Democrats or even Republicans if it suits their purposes.

Do you know who Saul Alinsky is?

A very famous Chicago Communist, Alinsky died many years ago. Nevertheless, Saul Alinsky is still somewhat famous because President Obama learned community organizing under some of the organizations that followed Alinsky’s strategies outlined in the book, Rules for Radicals.

Hillary Clinton wrote her college thesis about him and actually worked in Alinsky’s operations before she took off for law school at Yale!

Mrs. Clinton was recruited into Alinsky’s operations in her Methodist Church right in Park Ridge where I went to high school. She graduated the year I started so we were not at Maine South at the same time.

I read her senior thesis written while she was at Wellesley College. It is about Saul Alinsky’s life and community organizing strategies. Very interesting! It makes my case better than I could explain it in 20,000 words or more. See the link to the thesis above.

We now have leaders who have values that are as chaotic and dangerous as the values I previously rejected when I got to meet some of the radicals in Chicago’s Hyde Park. I repudiated all of my leftist and hippy beliefs after I received Christ as my Lord and Savior. It would be a good thing for our nation if some of our leaders would also repent!

But what of our children? The so-called critical thinking that has replaced traditional educational values rooted in the traditional American heritage have left our students poorly prepared to question the premises of teachers who teach that the United States is a nation of genocide and greed. No wonder things are coming apart and our leaders seem more like adolescent children having a food fight when so many important issues confront the nation.

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07/16/15

05:56:51 pm Permalink Warrior Values vs. the Culture of Therapy   English (US)

Categories: Announcements [B], 502 words

Everybody claims to honor our veterans. The anti-war activists that despised President Bush “supported” the troops. Such support is often expressed as concern about the levels of Post-Traumatic Stress Syndrome experienced by returning veterans.

Veterans often deal with high levels of stress. The public’s perception that veterans may harm themselves and others can contribute to stress. The perception is fostered by mainstream media outlets like the New York Times.

A spokesperson for a mental health provider that works with the VA and veterans told me that veteran’s gun rights are not important. Her main concern was ensuring that vets did not blow their brains out- supposedly it is a small price to pay if vets lose their gun rights. Why should a veteran trust such professionals who regard Constitutional rights with such a cavalier attitude?

Returning veterans are justifiably upset. Legislation has already been enacted by which the Veterans Administration reports mental health concern to other agencies. There is now a procedure for depriving a veteran of the right to possess firearms without a finding of mental illness by a judge. There is little due process and getting the rights restored is very difficult.

Medical providers may already be required to disclose mental health records to government bureaucrats. Remember- disgruntled veterans with guns are the people that Homeland Security told us fit the profile for lone-wolf terrorists. The healthcare system, including the private sector, is on its way to uniform record-keeping that will interface electronically with the federal healthcare system.

Many doctors (especially within the public health sector) are already asking patients questions dealing with whether the patient has guns in the home, how guns are stored and whether trigger locks are utilized.

Although there are HIPAA laws that keep medical records confidential, the federal government has passed many laws that are buried in thousands of pages of legislation already enacted. The sponsors of such laws often have no idea what is contained in these laws!

We advise veterans and others not to seek counseling from mental health professionals where the federal government can gain access to any records- now or in the future.

Studies indicate that a returning combat veteran experiences stress at least partly due to reactions from family and friends that imagine a propensity for violence on the part of a veteran. Thus, the perceptions of others toward the vet are often more devastating than the stress of combat.

Ironically, our modern repugnance to any armed force is at least partly due to complacency bred by peace and freedom for which our warriors fought, killed and died. One antidote to PTSD is deep religious faith that recognizes and honors the values demonstrated by warriors on the battlefield. There have been studies showing that soldiers, sailors and law enforcement officers deal better with violent experiences when they are connected to a faith community that honors warrior values as a highly regarded calling and held in high esteem. There is a strong basis in Scripture for such Warrior values.

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06/07/15

02:20:37 pm Permalink Action Shooting for New Shooters: New Mountlake Terrace Chapter of Armed Defense Training Association   English (US)

Categories: Announcements [B], 472 words

The ADTA,which started in Federal Way, Washington presented a New Shooters’ Clinic at a church in Everett over a year ago. The level of interest in a new chapter of the shooting group was high but we were unable to identify shooters with enough time to lead the group. The Armed Defense Training Association’s board of directors is now working with about 35 new members in Mountlake Terrace and the new chapter has already had at least one live fire shoot!

There is a need for an all volunteer chapter of the ADTA in Spokane and surrounding areas.

A New Shooters’ Clinic is held to prepare new shooters who wish to become participants in a live-fire shoot or just for people thinking about buying a pistol for the first time! The recent ADTA live-fire event in Snohomish County must have been at the West Coast Armory near Everett. I was the founding president of the original Federal way group but moved to North Idaho so don’t keep informed of all the new developments. Many people around the state know Jeff Coder who is presently leading the new Mountlake terrace group. We will be getting additional information from him as soon as he gives me a report.

The Live-Fire events are an important part of what the ADTA does on a regular basis. The approach is to remind folks that the most important tool for staying safe is mental preparation. If you think this is something you would like to discuss and learn more about, contact the ADTA or Mark Knapp at www.firearmslawyer.net.

Topics discussed at new Shooter Clinics including hands-on segments:

… The Four Basic Rules of Gun Safety
… Semiautomatic Handguns
… Revolvers
… Shotguns
… Rifles

The West Coast Armory range in Factoria-Bellevue area was the venue for several initial live fire action drill events the ADTA presented for the Federal Way club. The group now regularly presents Live-Fire action drills at an indoor range in Federal Way.

We have discovered that many churches and church members are enthusiastic about what the ADTA has to offer. Many women and new shooters have become very involved in the ADTA. The meetings are open to the public and we present speakers that focus on practical aspects of self defense, not religious or political topics. Church members, including pastors, have gotten involved in our group. We welcome people of every ethnic and political background, provided that you do not advocate unlawful violence.

And we do much more than just basic safety fundamentals. We have hosted seminars on Firearms Law & Use of Force, edged weapons, martial arts and more. Many women are also getting involved in all levels of the ADTA.

Inquiries can be directed to membership@armeddefense.org.

If you are in Spokane or North Idaho, you can reach me at (253) 202-2081.

Email: mark@firearmslawyer.net

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04/21/15

02:43:11 pm Permalink Gonzaga's Bulldog Battalion Honors Fallen Hero 1st Lt. Forrest P. Ewens   English (US)

Categories: Announcements [B], 364 words

On Saturday, April 18, Inland Northwest Action Shooters hosted the 8th annual 1st Lt. Forrest P. Ewens Memorial Match. Forrest Ewens was killed in action on June 16, 2006 during combat operations in Afghanistan. His all-terrain vehicle struck an IED in the Pech River Valley. Sgt. Ian T. Sanchez was also killed.

1st Lt. Ewens, of Chewelah, Washington was 25 years old and had attended Whitworth University in Spokane. There were men present at the match, including a returned Ranger veteran, who knew him and spoke of how energetic and committed to his country Forrest was.

There were at least 14 volunteers that helped set up and serve as range officers for the match. Will Woodbury organized 20 cadets from the Gonzaga Bulldog Battalion to honor their fallen friend and soldier.

The Bulldog Battalion is Gonzaga University’s Army ROTC and the men and women that participated demonstrated the highest example of our nation’s greatest hope for the future. INAS raised $400 to contribute to the Forrest P. Ewens fund that will go directly to a Gonzaga cadet upon commissioning!

Tactical Tailor and Grey Ghost Gear sent their representative named GW with great prizes and gifts for the cadets and volunteers. Frank De Soma of POF- USA (Patriot Ordinance Factory) provided the sponsored rifle for match winner, Anthony Novak. It was a P415 piston rifle with a MSRP of over $2000. POF has now sponsored four such matches.

After the cadets and volunteers shot the three Courses of Fire, Will Parks brought out a Squad Automatic Rifle (SAW) and let several cadets and a few volunteers shoot at exploding targets. Everyone in attendance learned a great deal and the weather was perfect.

The Spokane Valley Rifle Pistol Club has been the primary range for INAS matches for eight years. SVRPC also hosts other shooting groups. The range, outside Mica, Washington, surrounded by rolling farmland, is being sued by Tim Hunt of Huntwood Industries for alleged shooting on his property over one mile away.

SVRPC is defending the suit and needs support. Consider joining the SVRPC club for only $65 per year. Or donate to the defense fund. If Hunt succeeds he is calling for closing the range. INAS is committing $500 towards the defense fund.

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04/11/15

01:45:21 am Permalink BATF Attorney Warns About Poorly Written NFA Gun Trusts   English (US)

Categories: Announcements [B], 496 words

David Goldman attended the NRA Firearms Law Seminar in Nashville. David pioneered the NFA Gun Trust. He tells us that BATF ‘s attorney, William Ryan, made some interesting comments about the ATF, NFA, Gun Control Act and Gun Trusts:

1.A trust can be a beneficiary of a will or other trust and obtain a tax free transfer using a Form 5 if the trust or will is drafted correctly.

2.A Trust can be a beneficiary of a will if there is an order from the probate court directing the distribution to a trust, otherwise one might have to transfer to an individual on a Form 5 and then pay $200 to transfer items to a trust.

3.ATF is still reviewing the 9500+ comments filed on 41P.

4.ATF is not concerned about an executor being a prohibited person. (This seems to conflict with the original reason for 41P in the first place.)

5.ATF likes lawyer drafted trusts, most trust problems are from gun store trusts, free trusts, or trust form that individuals try to create themselves.

6.ATF examiners do not know the law, and have often made mistakes that can be cleared up by having your lawyer contact their legal department.

7.ATF has seen many trusts which name the same individual as the beneficiary. It would appear that all of those people are just copying the trust from someone else. They believe that one day this random person could inherit thousands of NFA firearms.

8.Between 2003 and 2012 trust applications increased 80,000 %.

9.ATF stated that Gun Trusts can purchase and own both Title I and Title II firearms (those under the GCA and NFA).

BATF feels there will be a big business in fixing poorly written trusts like Easytrust promoted by Silencerco.

One of the worst examples of an online trust we have seen is the Easytrust. Those who have unknowingly received the free or fill in the blank trusts may have problems in the future. There may be many people who have already received these trusts which contain numerous problems. Some even have more problems than a gun trust drafted from Quicken. The list of problems is huge, but the biggest problems include:

•The trust permits NFA violations throughout the document.

•The trust permits any trustee to sell your guns without your consent.

•The Trust permits trustees to take away your gun rights if in their opinion you can’t handle your own affairs.

•The trust directs distribution to beneficiaries upon your death without any written permission (a violation of the NFA.

•The instructions incorrectly state that the trust needs to be registered in many states where it does not (seems to be similar to the problem we reported with the quicken trust).

•Directs you to obtain an EIN number for their trust when it is not necessary.

Do some research on Gun Trusts and learn why you would want a Gun trust for all your firearms and not one limited to NFA Guns like Easytrust. You need a lawyer watching your back!

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03/10/15

01:33:52 pm Permalink The Merovingian Bloodline   English (US)

Categories: Announcements [B], 912 words

The “Merovingian Bloodline” is an esoteric doctrine and network of secret societies that have a pedigree purporting to relate back to a time before Charlemagne. King Dagobert II and his descendants used such fables to perpetuate the succession of their royal bloodline. They insinuated that the dynasty’s claim to the Frankish throne was bolstered by a genetic connection to Christ via Mary Magdalene.

There are powerful political and ancient family interests in Europe prepared to make such claims for which they may have been laying a groundwork for many years. Expect to soon hear rumors and suggestions, perhaps with signs or concocted miracles, that certain leaders have a connection to extra-terrestrial civilzations. Supernatural claims are essential for the European Union to achieve its dream of embracing a future European strongman.

It seems unlikely that a European Union leader would directly make a claim to be descended from Christ. Insinuating a connection to an extra-terrestrial race is not that different than the European monarchies’ historical tradition of claiming quasi-divine status. The so called history book, Holy Blood, Holy Grail, has already created a predisposition in the popular imagination toward the idea that there are old families in Europe that are descended from Christ himself.

The authors of the book even suggest that those descendants might be intentionally creating clues to their own existence after remaining secret for many years. The claim is that the past secrecy is due to Catholic persecution of the Priory of Sion and the divine Merovingian bloodline for disclosing the alleged fact that Christ did not die on the cross!

Holy Blood, Holy Grail” is a based on a pseudo-historical hoax. Written by Michael Baigent, Richard Leigh, and Henry Lincoln, the supposed facts actually mine a wide vein of deceptions pertaining to the “Priory of Sion” in France that have allegedly been part and parcel of the European darkside for centuries. The exact origin of many of these fables is hard to determine because of the long time prevalence of secret societies in Europe that promulgate all kinds of disinformation!

The mark of deceptive religion is often not only denying Christ but an emphasis on feelings and Spiritualist practices. I have not seen any Evangelical churches that try to communicate with the dead but an emphasis on inner peace often compromises the call for believers to actively contend with evil forces in the world around us. The Book of Proverbs states:

Those who forsake the law praise the wicked; those who uphold the law contend with them!

Churches that refuse to speak to the life and death issues of the day, like abortion, often also avoid taking strong positions on Bible doctrine. Germany was full of Christians who acquiesced as the racial theories of the German National Socialist Worker’s Party became part of the German National Church, a Lutheran organization that traditionally had legal ties to the German government.

At first glance, churches in the United States are not entangled with the government. Neverthless, the threat of losing tax exemptions and other pressures and influences are compromising the call for our churches to take a prophetic stand regarding the issues of our day.

Traditional concepts of rights and duties, checks and balances and the original meaning of the U.S. Constitution protect our ability to spread the Gospel. The American Church has reached across the globe to bring the Gospel message of deliverance in most places. Are we now to acquiesce in a New World Order managed by false prophets and leaders that promise to perform miracles? Any suggestions that a leader has ties to divinity or a superior race lead us back to the time when aristocrats claimed a Divine Rights of Kings. With reinforcement from the Church in Rome, Charlemagne, Dagobert and their offspring claimed a Holy Roman Empire which was neither holy nor Roman!

Our forefathers staked their lives, their fortunes and sacred honor on the premise that ordinary men and women could govern themselves if we would just remain submitted to Biblical morality and eschew any religion not revealed in the Scripture.

Now the history books are being rewritten. But the ancient landmarks cannot be removed because many Americans are presently in the same state of mind that existed in the 13 colonies right before the American Revolutionary War. British soldiers attempted to dragoon the colonials into giving up American arms stored in local armories around cities like Boston. But the new breed of colonists had decided that their ancient rights trumped the claims of kings, those with aristocratic pedigrees and even Acts of Parliament!

Racism goes hand in hand with claims of aristocratic genealogy because genetics is always close to the heart of elitists. Even in America we are starting to see families like the Bush family and the Clintons achieving influence that could become the basis for a new aristocracy.

The U.S. Progressive, Margaret Sanger, founded Planned Parenthood, and advocated improvement of the human race by genetic engineering called Eugenics. She was an influential thinker who successfully advocated forced sterilization for poor blacks and other groups of “defectives“); Sanger was a forerunner to the racial theorists of the Third Reich- in fact, the Nazis quoted Sanger profusely.


We should shun anything that has to do with such deceptions and be very careful about subscribing to conspiracy theories. Nevertheless, the Scripture instructs us to expose the works of darkness and to be vigilant because the devil is constantly seeking to deceive the very elect.

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01/11/15

01:01:09 am Permalink Philippine President Supports Pinoy Guns   English (US)

Categories: Announcements [B], 979 words

A few years back, the Philippine National Police decided not to ban Filipino citizens from carrying pistols in public. The PNP issued and enforced a six-month ban during the last presidential election with a proposal to make the ban permanent. President Benigno Aquino took office on June 30, 2010 and very diplomatically pointed out why the ban was not an answer to crime in the Philippines. The previous president, an anti-gun advocate, was severely discredited when the Ampatuans, her political machine in the Maguindanoa area of Mindanoa, allegedly committed a massacre against the Ampatuan dynasty’s political opponents. The trial commenced September 8, 2010 and is till gearing up for some trials in 2015! Many of the victims were journalists.

President Aquino, the Supreme Court chief justice and other influential figures have been frequent visitors to gun shows in recent years, according to Philippine gun rights activists. Experts at the gun shows lecture on legal aspects of gun ownership, sports shooting and how to maintain a firearm.

In the Philippines, any citizen that can afford the relatively expemsive fees can get a license to own a conventional gun, subject to a police clearance and other security checks. The law allows people to carry guns outside their homes if they can prove to police they may need to use it in self-defence. Lawyers, judges, businessmen and even journalists walk the streets with guns.

There are about 1.3 million licensed firearms in the Philippines, with 600,000 in the hands of private citizens and the rest held by the military, police and other law-enforcement agencies, according to police estimates.

There is roughly one firearm in circulation for every 40 Filipinos when you count all the weapons for which there are no permits.

Every time there is an election a ban gets imposed but after the last election the PNP proposed a permanent ban- at least on “Away From Home” permits.

Noynoy” said that he was not in favor of a total gun ban in the Philippines because it might not be the answer to the crime situation.

Away From Home” permits are so expensive that only the rich can afford them and permits to keep firearms in the home are renewed annually for about $100.00 for each weapon! “Away From Home” permits are much like concealed carry licenses in the U.S. but cost about $200.00 per year on top of the annual fees required just to own each firearm! Keeping a gun in your home requires a psychological examination and enough red tape to choke a caribow- the Philippine water buffalo that still accomplishes much of the work done by tractors in more industrialized nations.

There are also limits on how many weapons of different calibers Pinoys can own. One small caliber pistol- e.g. .22 caliber- one small caliber rifle and one high power pistol and one high power rifle. If you don’t have an Away From Home permit, you have to make arrangements with the police in advance just to transport your unloaded weapons to the range!

Almost every time there is an election the national police and/or the President (by executive order) temporarily bans weapons outside the home and roadblocks go up with inspections to enforce the bans. Sometimes the ban is short lived and other times the temporary ban goes on indefinitely! If you have friends in high places, however, it probably just isn’t a big deal!

The country only has 250,000 security forces to protect some 100 million Filipinos, according to Aquino. In Southern Mindanao, Islamic rebels have recently invaded villages and taken local people hostage during battles with the AFP. Additionally, Communist NPA rebels are still active in the mountains and many provincial and rural areas. Given this situation, Aquino said the response time would be much slower.

He said that if laws are rigidly enforced, good police work can solve crimes committed by outlaws. Senate Minority Leader Aquilino Pimentel, on the other hand, advocated banning guns on the streets “to ensure peace”.

The NPA assassins, or “Sparrows“, reportedly deploy 1911 style .45 pistols with grip safeties taped down. The Sparrow team approaches a vehicle that is stopped in traffic. The weapon is worn inside the wasteband under the belly. One hand inside the pants pocket pushes the weapon upward into the other hand and the executions occur with a well-practiced outward snap of the arms in traffic at busy times of the day.

Some local governments support citizen paramilitary forces such as the Civilian Home Defense Force and its successor, the Citizen Armed Forces Geographical Units.

Extra-judicial killings promote rumors that government forces paticipate in terrorist attacks. Accusations are also rampant that the leftists attack their own sympathizers and then blame attacks on government troops!

The Peaceful, Responsible (pro-gun) Owners of Guns thought the proposals were “impractical and unrealistic”. But Malacañang (the counterpart to our White House) directed PNP Director Gen. Jesus Versoza to make sure that all sides were heard and all opinions weighed.

Certain lawyers’ and judges’ groups pressed Gen. Versoza to lift the total gun ban.

Executive Secretary Leandro Mendoza said. “In my experience, the issue is really equally divided on both sides. The decision is not easy to make.” He claimed to see merit in the argument of legal gun owners that a total ban would only benefit criminals who do not care about regulations.

Do the police actually make the laws in the Philippines? Some Filipinos threatened to file suit against the PNP if it insisted on a gun ban extending beyond June 9, 2010.

We are not only fighting to allow us to carry our firearms but to protect our lives,” said lawyer Banjo Navarro III, A2S5 Coalition interim spokesman. Indeed, Philippine journalists have been assassinated in numbers that compare with countries like Iraq and Russia. On Nov. 23, 2009, 31 journalists were killed at one time in the above referenced massacre in Mindanao. Sadly, political assassination will remain a way of life in the Philippines.

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11/06/14

11:48:17 am Permalink I-594 and NFA Gun Trusts   English (US)

Categories: Announcements [B], 224 words

It is too early to know whether a gun trust will provide any protection from charges of violating I-594. The initiative does not provide any exception for temporary sharing of firearms with trustees names in an NFA Gun Trust. The federal exception for temporary transfers of NFA restricted items to trustees has been promulgated administratively by the BATF and is not binding on Washington State.

In fact, there could be an issue as to whether even the temporary sharing of an NFA restricted item with another trustee named in your NFA gun trust violates I-594. I-594 defines a transfer as follows:

(25) “Transfer” means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans.

The Initiative defines a person as follows:

(17) “Person” means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other legal entity.

Trusts are not listed as persons under the definition above but might qualify. If a trust is deemed to be a person and the trust owns the item, a transfer between co-trustees might be legal without a background check.

We are continuing to assess these and other issues regarding the new law. Please check this website and the NFA Gun Trust site.

See also Law Office of Mark Knapp PLLC.

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11/02/14

12:11:36 pm Permalink NICS Reverses Stand on Gun Rights for Domestic Violence Convictions in Washington   English (US)

Categories: Announcements [B], 415 words

We will represent you in petitioning the court to restore your right to own firearms. At the present time, the federal government no longer considers a Washington State Fourth Degree Assault (DV) to be a prohibiting conviction. This a complete reversal because, up until a few months ago, the NICS would not recognize restoration of rights for non-felony domestic violence convictions entered in Washington State!

If you have a conviction in Washington, however, you still need to get your rights restored because you are prohibited from possessing firearms under state law. Nevertheless, this is very good news and applies even to people that have been previously denied for Assault 4 convictions in the past. The requirement is to have at least three years from the date the conviction was entered for domestic violence cases and five years for felony convictions.

There is a great deal of safety in relying on the advice of an experienced attorney. We can restore your rights in most cases provided that there is not Class A felony- such as kidnapping- and provided that the prior conviction was not for a sex offense. Your attorney needs to focus in the area of firearms rights in order to understand the complexities and conflicts between the various laws and jurisdictions.

Note well: When answering the questions for a NICS background check: Question 11i on Form 4473 should be answered with strict accuracy: answer “yes” if, and only if, you have a conviction for an offense that meets the federal Misdemeanor Crime of Domestic Violence definition pursuant to 18 USC 922(g)(9); i.e., “use or attempted use of physical force or threatened use of a deadly weapon“.

Thus, you should state no regarding convictions for domestic violence if you only have a Fourth Degree Assault conviction that was entered in Washington State. All of those offenses listed in 9.41.040(2)(a)(i) fall outside the federal definition of Misdemeanor Crime of Domestic Violence.

Assault in the Fourth Degree, Coercion,
Stalking, Reckless Endangerment,
Criminal Trespass in the First Degree,
Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence.

See RCW 9.41.040

On the other hand, when applying for a Washington State Concealed Pistol License the answer would be yes to the offenses listed above but not necessarily for every conviction identified as DV on your criminal history. Thus, you will need legal advice from an attorney with very technical expertise if you have a domestic violence conviction in Washington.

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