WHY THE SECOND AMENDMENT MATTERS
Last year (2008), the Supreme Court of the United States (hereinafter SCOTUS) ruled that Americans have an individual right to keep and bear arms. Why does the decision in DC V HELLER matter to city-dwellers like you and I that live or work in Federal Way and have almost no place in our lives for hunting, target shooting or toting a pistol as we go about our busy routines?
The fact that the Washington State Constitution already guarantees Washingtonians protection if we choose to possess firearms also raises the issue of what was, if any, the HELLER decision’s impact on residents of our local communities. Any law-abiding U.S. citizen of sound mind (twenty-one or older) can obtain a Concealed Pistol License in Washington State. You can even keep and wear a weapon in your own home or business without obtaining a CPL. So why does DC V HELLER matter in the Evergreen State?
To answer the question we need a nutshell course on Second Amendment jurisprudence. When the federal government first got involved with regulating guns pursuant to the National Firearms Act of 1934 (NFA). In the 1939 case of UNITED STATES V MILLER, SCOTUS took up the issue of whether the NFA’s prohibition against sawed-off shotguns violated the Second Amendment. The MILLER court decided the issue by analyzing whether sawed-off shotguns are militarily useful. Ever since that time gun control advocates, law professors and even a minority of Supreme Court justices in the HELLER dissent have been able to point to United States Circuit Court precedents in which the decisions cited the MILLER case and rejected claims that the Second Amendment protects an individual right. Thus, prior to recent times, a majority of legal scholars and even our own Ninth Circuit Court of Appeals have taken the position that the “people” that have the right to keep and bear arms are the states; i.e., the U.S. Constitution only protects a state’s right to maintain a militia.
Pro-gun folks advocate that MILLER only dealt with the issues in a very oblique fashion for a number of reasons, including the fact that the only representatives that appeared to argue the issues in MILLER were the government lawyers! Because the defense did not appear, there was arguably no way for the judges to hear both sides of the issues. It is worth noting that, despite the assertion in the MILLER opinion declaring that sawed-off shotguns have no military usefulness, short barreled shot-guns were very much in use as trench guns in WW I.
It can be argued that the HELLER case is actually the first case in which SCOTUS has dealt directly with the issue of who has standing to assert the right to keep and bear arms. The HELLER decision almost guarantees that many more Supreme Court decisions will follow. Because Washington, DC is not a state there are bound to be cases that decide whether the states are obligated to abide by the Second Amendment and what restrictions are reasonable for the states and the federal government to enact. Keep in mind that many rules dealing with firearms are administrative and are buried deep within arcane intricacies of local, state and federal bureaucracies.
Those of you that resent rampant militarism, the Founding Fathers are on your side! The legislative history of the Bill of Rights reveals that the Founders were conflicted about the wisdom of permitting standing armies that could be used against the people to usurp American’s civil rights. The Federalists compromised with the anti-Federalists by leaving the size of the military up to the President and Congress. By keeping the people armed, Americans would be prepared if the government neglected the national defense and, at the same time, the people would have recourse in the event that the new federal government ran roughshod over our liberties. You have to say one thing for those old boys- they were radical!
Dick Heller, an armed security guard for a government agency, was prohibited under Washington, DC’s draconian gun laws from possessing a gun in his home, even though the United States Government entrusted him to guard life and the U.S. Government’s property. Because he challenged and overturned the DC gun ban, cities like Morton Grove, Illinois are already revising their gun laws to permit at least some private possession of guns within their city limits.
History has demonstrated that the federal government, states and local governments can and will enact laws that deprive individuals and states of the ability to take control of our own destinies. The Interstate Commerce Clause has been invoked to justify economic regulation and federal incursions into almost every area of our lives. Presidents can enter into all kinds of treaties and there are many legal scholars prepared to argue that treaties may be valid even without going through the cumbersome process entailed by the plain meaning of the U.S. Constitution. My Constitutional law professor taught me that treaties supersede the Constitution!
Consider also that in the very near future, you will be hearing a great deal about a proposed UN Treaty that is being touted as a “common sense” agenda to limit trafficking in small arms- a solution to international terrorism and other criminal activities. The only problem is that everywhere we look in the world, the thugs in high places are busy building up arsenals, while the honest folks are mostly disarmed- except in the United States of America.
The DC v Heller case makes it far more difficult for the executive branch of the federal government, Congress or a federal judge interpreting an international treaty to undermine the protection that Washingtonians enjoy under various state laws.
In a very real sense, the Second Amendment helps to protect our First Amendment rights. But guns have no inherent ability to guarantee that we will remain a free people. Vigilance and prayer must secure liberty.
In conclusion, you should take a final look at a not-so-apparent but self-evident truth. The right to protect our loved ones does not come from a constitution or other legal document. Protecting our families and communities from violence is not really even a right! It is a duty that is placed on us by God. The soccer-mom or senior citizen that might be carrying a concealed pistol often represents as much of a deterrent to violent crime as a six foot, two-hundred pound police officer. Why? Because predators never know where and when the armed citizen may respond with deadly force!
“ 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.”
Sup. Neu said the proposal to arm teachers and/or administrators was irresponsible. But who was actually being irresponsible? Under Neu’s leadership, an emotional reaction became a dangerous policy decision. His refusal to discuss all the options, however, was actually a decision. The Superintendent admitted to being paralyzed; he was unwilling to face up to the necessary responsibility of leading our community:
” But the reality is, if a gunman wants to do what these gunmen want to do…there’s little that anyone can do to stop them. Putting guns in the hands of teachers and principals, who got in this business of educating kids, and not being armed forces…It’s just not a solution, in my mind, and will not be one that comes forward as a recommendation while I’m your superintendent.”
Neu’s statement that “if a gunman wants to do what these gunmen want to do…there’s little that anyone can do to stop them” was not a true statement and invited carnage right here in Federal Way. This was an abdication of his responsibility to protect our schools. Rather than use his authority under the law, he claimed that we are helpless!
We are called then for concerned citizens to join with us for the purpose of exploring all the concerns related to armed volunteers which could include school personnel interested in a program to protect our schools with deadly force. There have been close to sixty volunteers working with the FWPD and some of them are almost full time.
About sixteen of them attended a class we provided at Federal Way City Hall and many of them were retired military with CPLs and emergency preparedness training.
The Gun-Free School Zones Act (GFSZA, codified at 18 U.S.C. § 922(q) ) is a federal United States law that prohibits any individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a “school zone” as defined by 18 U.S.C. § 921(a)(25). The Gun-Free School Zones Act of 1990 states in part:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
( Subparagraph (A) does not apply to the possession of a firearm—
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or…
Washington State has a similar statute which states the following in part:
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;….
(3) Subsection (1) of this section does not apply to:
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
See Washington State Gun Free School statute.
Subsection (1)(f) includes:
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
Thus, carrying electronic devices requires special training for non-LEOs. The legislature has already provided that non-law enforcement personnel armed with firearms need only be involved in school district security activities; i.e., authorized to carry a weapon for security purposes.
Even though the statute does not require specialized firearms training, certain criteria should be determined by the district in conjunction with law enforcement experts and possibly others. Such unpaid personnel could be called “Special Security Officers” since they would submit to very intense training and not merely be amateurs that walk in off the street.
Ed Barney asked the Chief at one of the meetings what Chief Wilson’s opinion was about arming teachers. The Chief stated that he thinks arming teachers will distract them from educating students. Thus, Federal Way is beginning to have the discussion. Kudos to Ed and the Chief who has now moved on to better and bigger things. As has Rob Neu who left Federal Way during a mess that he allegedly helped to create and went to Oklahoma City to be their school Superintendent!
But we need to drill down and get past politically correct talk into the realities of a very fluid and disturbing situation which is beyond simple political tactics. There is an overall attack against our lives and our way of life that requires an overarching operational strategy in which firepower is embedded randomly to combat random violence. The embedded firepower needs to be prepared for deployment in such a way that an active shooter has no idea how many adults may be ready to confront him or where and how the volunteers may be placed.
Police officers are present as school resource officers at our high schools and there are also some security personnel at the middle schools. The fact that there are uniformed officers means that uniformed individuals could be the first personnel targeted by active shooters. Chief Wilson delivered a report that included many of the important things done to make sure the schools are safe.
The Chief emphasized that many of the circumstances regarding school shootings are very random and that events can begin on the other side of a campus, where the school resource officers may find it difficult to protect lives. Even if there are no teachers interested in obtaining the specialized training that could qualify personnel to carry in the schools, there are others that will do whatever it takes to become qualified. If there are ten volunteers going around to all the schools, there will certainly be the kind of deterrent effect that we have seen from having armed pilots and air marshals in the friendly skies.
There may also be maintenance staff or administrators that are willing to take some time off and pay for their own training- like commercial airline pilots can decide to do.
Deliver those who are being taken away to death,
And those who are staggering to slaughter, Oh hold them back.
IF YOU SAY, “SEE, WE DID NOT KNOW THIS,” DOES HE NOT CONSIDER IT WHO WEIGHS THE HEARTS? AND DOES HE NOT KNOW IT WHO KEEPS YOUR SOUL? AND WILL HE NOT RENDER TO MAN ACCORDING TO HIS WORK?
I have gone on record at school board meetings, offering to meet with the District and share ideas about protecting our schools. I have also contacted many of the school leaders via email regarding security issues.
My first Firearms Lawyer column appearing in the Mirror in July, 2008, called for armed volunteers in our schools.
Armed volunteers, including some motivated school staff trained and supervised under the oversight of law enforcement professionals, are far less expensive to place in our schools than unarmed security guards. And they can be more effective in deterring violence because there is no way for an active shooter to anticipate who will emerge to deploy unexpected deadly force.
Volunteers will also have roots in the community and can be an example and an encouragement to our youth. These could be retired military folks, those with law enforcement experience or just grandparents that can meet the qualifications including proficiency testing on the range that will be at least as rigorous as the testing under which LEOs qualify.
In other words, do not assume that a “volunteer” is just a person that walks in off the street with a CPL. The criteria will be determined by the School Board working with top law enforcement officials and security experts. The main expense may be the consultants and the insurance cost which will eventually go down if a number of school districts decide to work with armed volunteers.
Federal Way deserves better proposals from its leaders than just having unarmed, uniformed law school resource officers at our high schools and security officers armed with pepper spray at middle schools with some security roaming between the remaining elementary schools. Let’s find ways to make sure that if anything happens in any of our schools in Washington, Idaho or anywhere in the USA our students and school personnel do not have to wait for the police while witnessing carnage in a school. We owe it to everyone in our schools to make sure that they can do more than just hide from violence.
Public policy should not be determined by emotionalism even where the aftermath is shocking and gruesome. The cost of denial after what occurred in Connecticut, Columbine and other places is unthinkable. Schools will not be safe until we guard them with more than talk. Our schools need armed force that can materialize randomly- just like the violence that continues to plague our society. Maybe some Bible reading in the schools might also help? Our Idaho legislature just enacted a law permitting Bibles in schools- imagine that.
A PRUDENT PERSON FORESEES DANGER AND TAKES PRECAUTIONS. THE SIMPLETON GOES BLINDLY ON AND SUFFERS THE CONSEQUENCES. Prov. 22:3
Odom link to Reptilian Conspiracy theorists?
An article in the Boise Weekly recently stated that, "Despite the tragedy in Coeur d’Alene and the controversies surrounding Icke, the reptilian conspiracy theory is more mainstream than might be expected. According to a 2013 survey of conspiracy theories by Public Policy Polling, 12.4 million Americans (about 4 percent), believe reptilians or “lizard people” control politics."
On March 7, 2016, we attended a prayer vigil for Pastor Tim Remington, The vigil at Candlelight Christian Fellowship in Coeur d'Alene, Idaho ended with a literal candlelight ceremony just outside the front entrance of the church facing Hwy 95. The police identified Kyle Odom, as the shooter.
But the most important thing about the gathering of people from throughout the Body of Christ is Jesus Christ and how Tim Remington embodies the Spirit of Christ. Several probation officers from Kootenai County told us how Pastor Remington advocated in an amazing manner regarding faith-based drug rehabilitation. Some of the officers who worked with Tim were skeptical at first. But there was real change in the people seeking help.
The officers gave wonderful testimonials regarding how their personal supervision of people on probation who were getting help from Good Samaritan Rehabilitation. Probation Officers look at Facebook accounts, check with employers and watch every aspect of where people go. One PO described how hardened he got after years of seeing people in programs that did not bear the fruit that he saw over a period of time while assigned to Good Samaritan's program.
Pastors and Probation Officers, and even family members of the Pastor prayed for the grace of Christ in Kyle Odom's life. Odom allegedly shot six rounds into the Pastor right in the church parking lot at almost point blank range. The base of the skull, pelvis, shoulder and lung all took hits that will take time to heal. The shoulder was all but obliterated but there is no brain damage or paralysis. Just some nerve damage.
Mr. Odom was caught in Washington D.C. throwing things over the White House fence that included a manuscript about Martians and alleging that Pastor Remington, members of Congress and political leaders in Israel were from an alien race.
As we prayed for Pastor Tim and Kyle Odom, I started to see Kyle as a human being and not a monster. Both men have families that are in shock. Both have families that are praying for them. Satan can so deceive a man that he will suddenly act violently and the man will sincerely believe that he is serving God, In some cases, such acts may even be planned in a cold calculated manner. Mr. Odom's manuscript revealed that he got into intense states of meditation and experienced so-called out-of-body sensations during intense study for a degree in Biochemistry at the University of Idaho.
Tim Remington, on the other hand, started working in street ministry in Southern California many years ago. He was willing to go to great extremes of personal sacrifice to disciple people in need. He and his wife would take street people into their homes- as many as 300 over the years! He also prayed with Ted Cruz the day before he was shot.
There is a great deal of interest in alien races which is connected to Satanism and the occult. Kyle Odom may not have even realized that he was being drawn into a netherworld- not a world controlled by Reptilian Martians- but by people like David Icke. Icke is a self-professed New Age, White Majick Warlock with Anti-Semitic doctrines. It is hard to know what motivates such teachings but Icke obtains revenue from his speaking engagements.
In Matthew 22, as Jesus prepared to leave from his last meal to go to his execution, he said to them,...he that hath no sword, let him sell his garment and buy one.
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 create the structure. Participating in action shooting drills is a challenge for any organization because it can be time consuming and costly. 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 implement training programs!
A church- or even a library- is an ideal location for monthly membership meetings and some occasional classroom education. 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 in a classroom or larger facility.
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.
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.
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.
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.
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
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 firstname.lastname@example.org.
If you are in Spokane or North Idaho, you can reach me at (253) 202-2081.
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.
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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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.