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Use of Deadly Force: the Unarmed Assailant

Shooting 1971 Summary.    The following is a summary of information presented by one of our members at our monthly Action Training Group meeting in July. The purpose of the presentation in Spokane Valley was to initiate discussion about self-defense issues so we can start creating Reality Based scenarios that develop situational awareness for armed citizens, church safety teams and law enforcement personnel in the Spokane and North Idaho areas.  Criminal defense attorneys & civil practitioners also need to understand the dynamics of what actually occurs during the decision making process under high stress situations. Read more

FBI Clears Way for Restoration of Gun Rights After DV Conviction in Washington State

Until recently, anyone that had been convicted of a Fourth Degree Assault determined to be domestic violence in Washington State was in a tough position because the NICS did not recognize a Restoration of Rights for Washington state non-felony domestic violence convictions. State and federal laws on the subject of domestic violence and gun rights are very technical and you should schedule a legal consultation in order to look carefully at any convictions that you think resulted from allegations of domestic violence.

Many Washington State citizens with misdemeanor DV convictions who had their right to possess firearms restored were getting NICS denials. The intent of Congress has long been that a state court order restoring firearm rights should remove federal prohibitions on possessing firearms. Read more

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The Law Office of Mark Knapp is now representing clients across the state of Washington in criminal defense matters and employment, firearms and civil rights. We provide NFA Gun Trusts and welcome questions regarding restoration of your right to possess firearms in Washington state. We are located in Spokane and have restored gun rights in many counties all over the state of Washington.

Some of our best clients call and ask about retaining the firm just to be available on an emergency basis. Our firm is listed with the USCCA, Armed Citizens Legal Defense Network, the NRA and a legal referral system in Texas that is coming to Washington soon. We also receive referrals from the Legal Shield system.

We handle DUIs, Assault cases and weapons charges along with other areas of criminal defense and employment law.

Whether you are currently facing legal problems or just want to know there is an attorney ready to fight for you, please call to discuss any legal matters about which you have concerns.

Many of our cases involve Display of a Weapon. The charge requires an Intent to Intimidate or conduct that warrants alarm. The usual scenario is one in which an armed citizen honestly believes he or she is threatened, displays a pistol and then the other party calls the police. Many times the person who displays a weapon may have stopped the unlawful use of force. Nevertheless, law enforcement officers often believe the first person to call! If it is a road rage incident, the other witnesses are often long gone by the time the police arrive!

We are often successful in keeping such cases from going to trial and get them dismissed. It is important to have an attorney who can explain the use of force to the prosecutor based on the particular facts in each case. Many prosecutors look at the police report and assume that the arresting officers know best when it comes to use of force.

Whether or not use of deadly force or the threat of deadly force is justified depends on what the defendant knew at the time that he or she deployed a weapon. If you believe that a threat of unlawful force existed at the time you drew your weapon and if that belief was reasonable, a jury should decide that it was lawful display the weapon. Once you point a weapon at another person, RCW 9.41.270 requires an actual threat of deadly force, not just the threat of unlawful force.

We accept most major credit cards and offer an initial consultation by telephone.

Call to make an appointment for a consultation.

(509) 237-5464

(253) 202-2081

Send email to mark@firearmslawyer.net

http://www.firearmslawyer.net/