Author: markfirearmslawyernet

  • Firearms Freedom Could Have Stopped Hamas

    Firearms Freedom Could Have Stopped Hamas

    A recent NY Times story tells a lot about Israel and the restrictions Israeli government imposes on its citizens:

    They were rounded up and shot like animals within hours of losing themselves, and the pressures of Israeli life, in thumping soundtracks of mystical peace and love. “There were these crazy maniacs with guns and people falling one by one,” Ms. Fakliro said. “It was like a shooting range.”

    Authorities Lulled Into a False Sense of Security. The gruesome reports of how Hamas and Islamic Jihad infiltrated Israel’s well regarded security perimeter are shocking to the world. Despite the extreme risk of terror attacks from Gaza, Israel’s government apparently believed that Hamas was focusing on social programs to help the Palestinians living within Gaza’s borders.

    Disarmed Israeli Civilians. Israel’s government had been taking steps to disarm civilians who possessed rifles and still requires the few rifles permitted in a Kibbutz or other danger zone to be stored in a way that denies hinders access to the weapons in an emergency.

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  • Restoring Gun Rights & Vacating Convictions

    Petitioning for restoration of gun rights in Washington. We handle criminal cases, including felonies, and firearms law. We can also help get some convictions vacated:

    INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

    Washington law permits vacating some misdemeanor or gross misdemeanor convictions.

    When the court vacates a conviction, you are released from penalties and disabilities resulting from the offense- but not from the prohibition against possessing firearms.

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  • Washington State’s Assault Weapon Law

    HB 1240 states that assault weapons are more deadly, “not suitable for self defense”, responsible for mass shootings, and “that the gun industry has specifically marketed these weapons as “tactical,” “hyper masculine,” and “military style” in manner that overtly appeals to troubled young men intent on becoming the next mass shooter.”

    The Law Office of Mark Knapp PLLC recently drafted an Opinion Letter analyzing certain issues raised by HB 1240. The so-called Assault Weapon legislation bans the sale, manufacturing, importation, and distribution of “assault weapons”.

    HB 1240 provides civil remedies under Washington State’s Consumer Protection Act. The new law does not prohibit gun owners from possessing such weapons.

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  • High-Capacity Magazines & Gun Trusts in Washington State

    High-Capacity Magazines & Gun Trusts in Washington State

    Can an NFA gun trust protect you and your family from potential penalties imposed if you loan a “high-capacity” magazine to a co-trustee or leave a high-capacity magazine to your beneficiaries when you die? Transfer or sale of magazines holding more than ten rounds will be a gross misdemeanor with civil penalties in Washington state after July 1, 2022. Even transfers of guns designed and manufactured with an “ammunition feeding device” holding over ten rounds that cannot be detached, such as a tube magazine or an extended magazine tube for your shotgun, will be prohibited. The only exception will be for .22 caliber rifles with tube magazines and all calibers of lever action rifles.

    What does it take for the Law Office of Mark Knapp PLLC to be listed in the Who’s Who of Top Attorneys? https://zurl.co/5ce0

    The civil penalties apply to online sales and do not provide an exception for sales to military and law enforcement. While sales and transfers to law enforcement agencies (but not individual officers) are exempt from criminal penalties, law enforcement agencies will probably not be able to purchase such items online if the law is strictly construed with potential triple damages against sellers for unfair or deceptive business practices under the Washington State Consumer Protection Act.

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  • Benefits of a Washington Gun Trust or NFA Trust.

    All Gun Trusts are not equal. A Gun Trust or NFA Trust should be designed for all of your firearms and will provide Asset Protection and multi generational ownership for your firearms.

    The Law Firm of Mark Knapp PLLC focuses on NFA Gun Trusts and working with courts to restore clients’ right to possess firearms in Washington. Mr. Knapp has practiced law since 1989 when he graduated from Gonzaga Law School. The firm emphasizes criminal defense work, Constitutional law and advocacy on behalf of clients needing to fight back aggressively against government overreach.

    No CLEO Signature Required to Own NFA Restricted Items.
    The ATF no longer requires that individuals obtain approval from their Chief Law Enforcement Officer (the “CLEO”) as part of the application process to obtain a Title II firearm from another individual or Class 3 dealer. (more…)

  • Schools are for Educating Students, Not Politics

    Schools are for Educating Students, Not Politics

    For many years there has been a movement aimed at separating children from the traditional authority of the family. Parental rights are the law of the land according to U.S. Supreme Court legal precedent.

    Meyer v Nebraska and Pierce v. Society of Sisters are two landmark cases reinforcing parental rights. In Meyer, the Court struck down a state statute that criminalized teaching students in any foreign language in public or private schools.  In the Pierce case, the Court struck down an Oregon law requiring attendance at public schools.

    In Troxel v. Granville (2000), the U.S. Supreme Court struck down a Washington state law that allowed grandparents to petition state courts for child visitation rights over parental objections. The Court upheld parental rights against statutory grandparent rights. The court found Meyer and Pierce controlling,

    James Payne and his wife are the parents of twin nine-year old boys. The two boys attend a school in the Highline School District which is in the SeaTac-Burien area near Seattle. Mr. Payne retained the Law Office of Mark Knapp PLLC to write a letter to Holly Ferguson and the school board demanding that the District stop posting political propaganda in school hallways and classrooms. The District’s lawyers responded in writing with a December, 2022 letter refusing to remove posters allegedly promoting the transgender, LGBQT agenda. Mr. Payne also objected to Black Lives Matter posters and other material allegedly endorsing Communist figureheads like Che Guevara, a sociopath who killed and tortured many innocent Cuban people.

    Highline School District claims that these signs do not violate parents’ and children’s civil rights by creating a hostile learning environment. Ms. Ferguson, who has a law degree and seems to be the chief diversity officer for the District, responded to one of Mr. Payne’s emails as follows:

    “These signs are not considered “political” for the purposes of policy and procedure 4412.  That policy is talking about “political activity” in the context of lobbying officials, or other overt political acts, such as campaigning.”

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  • The Time to Stop the Carnage is Now; Enforcing Washington State’s Firearms Preemption Law

    The Time to Stop the Carnage is Now; Enforcing Washington State’s Firearms Preemption Law

    Advocates for Change. The Law Office of Mark Knapp PLLC has persuaded many municipalities to make municipal laws and policies compliant with Washington State’s Firearms Preemption law.  Thus, state, municipal, and private institutions are discussing whether to change their policies. There is increasing recognition that armed citizens can help stop random violence. Throughout these institutions there is also a tendency not to discuss the issue publicly. Some will not discuss the issue at all. We all need to bring pressure to bear to call attention to state and municipal organizations that interpret laws in ways that violate plain legislative intent and endanger the public.

    Statistics Can Prove Anything. Many articles have now been written by security experts, public safety professionals, economists, doctors and Second Amendment advocates. Most of the discussions only generate massive statistics that confirm whatever you want to believe. Nevertheless, the Spokane Public Facilities District that operates the Spokane Arena, Performing Arts Center (Opera House) and the Convention Center in Spokane has made up its mind that it will continue violating the plain language of Washington state law. Apparently it’s Board intends to do so until forced to change the policy of prohibiting concealed carry permit holders on its premises.

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  • The Road to Perpetual Warfare

    The United States seems to have embarked on a dangerous road toward perpetual warfare. Many people have recognized that the Iraq War and the promises of opening the Middle East to Democracy were more about opening we the People of the United States to manipulation.  

    In a sense it was about oil. But the overarching objective for global corporatists has been to maintain the dollar as the currency in which the IMF requires international banking reserves to be held. International bankers, like the Rockefellers and other family dynasties, have quietly stayed behind the scenes by working through groups like the Council on Foreign Relations and tax, exempt foundations that fund university studies. For example, the Ford Foundation is allegedly the biggest contributor to Black Lives Matter.

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  • Purim: Self-Defense in Jewish History

    Today, March 6th, begins Purim 2023. This Jewish holiday is often treated like a blending of Christmas, Halloween and Easter with candy, gifts and costumes for kids. Most Christians ignore it. But there is a deep significance that goes beyond the over-romanticized marriage of newly crowned queen, Esther — who replaced Vashti when she was thrown out of the kingdom —  and King Ahasuerus, ruler of the Persia-Median Empire.

    The story is in the Book of Esther where Haman (the King’s adviser probably a descendant of Amalekites, ancient enemies of Israel) prevails on the King to decree a genocide against the captive Jewish population. The date was set by purim; i.e., the drawing of lots. The fact that Esther was secretly Jewish led to her appealing to the King not to allow the destruction of her people. According to the Hebrew calendar, Purim lands on the 14th day of the month Adar, which is the sixth month of the (Jewish) year. Adar roughly corresponds to March in the Gregorian calendar, give or take a few days.

    The photo below depicts Jan Žižka, a  contemporary and follower of Jan Hus and who led the resistance against overwhelming professional troops by raising a volunteer army of untrained farmers armed with pikes and a few muskets and pistols.   Žižka was a successful military leader and is now a national hero in the Czech Republic. He was nicknamed "One-eyed Žižka", having lost one and then both eyes. Jan Žižka led Hussite forces against three crusades and never lost a single battle despite being completely blind in his last stages of life. Like Esther, he stood for his people and stopped a genocide. The Moravian War helped launch the Reformation years before the time of Martin Luther.

    Queen Esther stood for her people while facing possible death for daring to approach the king without being summoned. King Ahasuerus issued a new decree because, under the ancient laws of the Medes, the King cannot revoke a decree that he has previously entered and proclaimed.

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