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. However, 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 they intend to do so until it is forced to change its policy of prohibiting concealed carry permit holders on its premises.

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Physical Control of a Vehicle & DUI Defense in Spokane, Washington

Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.

 

Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.

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Spokane Criminal Defense Lawyer

We have been representing clients in criminal defense matters across Washington state for almost 30 years. These include many domestic violence cases. We have also been representing clients in Spokane cases over the course of many years.  So why should you retain the Law Office of Mark Knapp PLLC to represent you?

Mark S. Knapp

Initial Consultation. When you make an appointment, you will pay $150.00 for the Initial Consultation. We apply the Consultation Fee as a credit toward the flat-fee retainer when you retain us. The reason we charge a consultation fee is so that we can spend the time that it takes to listen to what you need to tell us and answer all your questions. A criminal defense lawyer, Mark Knapp, will answer all your phone calls immediately. That means you will be talking to the attorney, not a receptionist. In most non-felony cases , we charge a flat-fee retainer of $1500.00-$2,000.00 to appear which includes attending the Arraignment and the Pretrial Conferences. If trial preparation becomes necessary, there will also be an additional Trial Retainer. Felonies can be more expensive.

Arraignment. If you retain a criminal defense lawyer before the Arraignment, we can often waive arraignment so that you will not need to attend. If you must go to the Arraignment without representation, you will normally plead not guilty and bail is often discussed. Even if you have already been released on personal recognizance or have already posted bail, you should have counsel when you appear for the Arraignment. There are situations where the judge might order a new bail bond.  This situation results from a violation of your terms of release. Examples are getting a new DUI right after you are released from jail on another DUI. Or attempting to contact a victim where there is a No Contact Order.

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Washington State Firearms Attorney In Spokane

Several years ago, we were in Federal Way, Washington. Our law practice focused on firearms related issues in Washington state. The concept of a firearms attorney in Washington state was fairly new. The Federal Way Mirror asked me to write a column in the local newspaper. The Mirror published Firearms lawyer column for four years. The column was about local law enforcement and current legal issues of concern to gun owners. We also wrote about firearms training and why seeing more of our neighbors trained and carrying guns is a good thing for public safety, families and neighborhoods.

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Washington State Firearms Attorney. We have been in business for almost 30 years. Our firm focuses on firearms rights- our primary focus for over 12 years. The Law Office of Mark Knapp PLLC has been operating in the Spokane area for five years. We handle most criminal defense cases, including domestic violence cases, and restore gun rights across the state of Washington. Many states restore the right to possess by expunging the record of conviction.

We can represent you to vacate a conviction. Vacating a conviction, however, only makes your conviction unavailable to the public via your Washington State Patrol WATCH criminal history. To get your gun rights restored, we will need to file a Petition to Restore the Right to Possess Firearms. The Petition is the way we will normally proceed if your felony or domestic violence conviction is in Washington state.

We cannot help with federal convictions because the process for dealing with federal convictions has never been funded by Congress. You should talk to an attorney in the state where your conviction was entered if your conviction was entered in another state.

 

Please call (253) 202-2081 or (509) 237-5464 for a confidential phone consultation regarding any question.

 

Need Washington State Domestic Violence Lawyer in Spokane County?


Charged With a Domestic Violence Offense. Things can often get out of control when family members are involved. We are a Spokane area criminal defense firm.  If you are ever charged with Domestic Violence, there are a number of issues that usually come into play. When the police arrive, usually because someone called 911, they will separate the witnesses and ask what happened. If the police hear different stories, they will often assume that the woman is lying to keep her husband or boyfriend from getting in trouble.

Right to Remain Silent. The best thing to do is to remain silent. If you or another family member say something that sounds likely that an assault occurred, a threat was made or community property broken, someone is probably going to get booked into jail. If it looks like there is probable cause to believe two people committed domestic violence, the male is usually the one that gets booked.

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Action Shoot Near Spokane on Saturday, September 29th

Greetings ATG Members & Friends,

We have our ATG monthly action shooting event scheduled at the Spokane Rifle & Pistol Cub Mica Range for 10:00 AM-2:00 PM;  Saturday, September 29th.  If you are interested in helping as an RSO or wish to join us for the shoot, please RSVP. We expect to conduct our monthly ATG Action Shoots at the SVRCP range through November.

SVRPC Mica Range location near Mica, Washington with map:

17693 E Belmont Rd
Mica WA 99023

 

Take a left on Jons Rd at the top of Belmont and go down the hill. The Action Bays are on the left at the bottom of the hill.

 

We will charge ATG members and experienced RSOs $5.00 for the shoot. We will charge $10.00 for nonmembers that want to receive some RSO training and/or just experience an enjoyable day shooting with us. Bring your tactical rifles and .22s if you want.  We will try to provide opportunity for Close Quarters Combat-style rifle shooting but please have your rifles sighted in ahead of time. Make sure to bring water, chairs, food & possibly a canopy for shade. It may be hot and you can shoot until 2:00 PM if you bring enough ammunition.

 

Tell your friends about this event and bring the family. We believe in getting the whole family involved as long as the parents are present to supervise. There is no age limit but we are expecting participants that already have knowledge of basic gun safety. We often take time to mentor new shooters. Nevertheless, this event is primarily for recruiting RSOs and planning our monthly ATG Action Shoots in order to make things safe, fun and affordable.

 

DO NOT VOTE FOR INITIATIVE 1639!!! (see below).

Greetings ATG Members & Friends,

 

We have an ATG action shoot scheduled at the Spokane Rifle & Pistol Cub Mica Range for 10:00 AM-2:00 PM Saturday, Septemeber 29th.  If you are interested in helping as an RSO or wish to join us for the shoot, please RSVP. We expect to conduct our monthly ATG Action Shoots at the SVRCP range through November.

 

SVRPC Mica Range location near Mica, Washington with map:

17693 E Belmont Rd
Mica WA 99023

Take a left on Jons Rd at the top of Belmont and go down the hill. The Action Bays are on the left at the bottom of the hill.

We will charge ATG members and experienced RSOs $5.00 for the shoot. We will charge $10.00 for nonmembers that want to receive some RSO training and/or just experience an enjoyable day shooting with us. Bring your tactical rifles and .22s if you want.  We will try to provide opportunity for Close Quarters Combat-style rifle shooting but please have your rifles sighted in ahead of time. Make sure to bring water, chairs, food & possibly a canopy for shade. It may be hot and you can shoot until 2:00 PM if you bring enough ammunition.

 

Tell your friends about this event and bring the family. We believe in getting the whole family involved as long as the parents are present to supervise. There is no age limit but we are expecting participants that already have knowledge of basic gun safety. We often take time to mentor new shooters. Nevertheless, this event is primarily for recruiting RSOs and planning our monthly ATG Action Shoots in order to make things safe, fun and affordable.

DO NOT VOTE FOR INITIATIVE 1639!!! (see below).

action training group

www.ActionTrainingGroup.org

 

Send email to Mark Knapp with questions and please RSVP.

 

 DO NOT VOTE FOR INITIATIVE 1639!!!

WHAT DOES INITIATIVE 1639 DO?

I-1639 is bad news for Second Amendment supporters, summary detailing changes

 

  • Regulate ordinary, recreational guns in common use as “assault” weapons.
  • Impose age-based bans for law-abiding adults.
  • Drive up the costs of owning a gun.
  • Mandatory Storage
  • New mandatory training.
  • Gun registry and gun confiscation.
  • New background check system.
  • Won’t live up to its promises.

 

Download a printable flyer, yard sign and more to help spread the truth about I-1639

 

   http://www.nrailafrontlines.com

 

To learn more about Initiative 1639, and the consequences it would have, please visit www.voteno1639.org

 

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The Action Training Group

Church safety has become a huge issue across the United States. Many training programs and support operations have sprung up offering training and information for security teams.  The development of armed church safety teams and the relatively new industry  that has grown up to equip and train church teams is part of a massive move toward professional firearms training for gun owners that offers everything from rudimentary gun safety classes up to intensive tactical sessions for armed citizens which are also attended by SWAT teams.

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Proposed Uniform School Marshals Legislation for Washington & Other States

School Marshals—Training Standards—Certification—Immunity from Liability.

The following discussion includes certain draft proposals that we are proposing as uniform School Marshal legislation for all the states to consider. The language is cast in terms of Washington state but provides a template that can easily be adapted to other states. The advantage of providing training programs that are standardized as much as possible is in the potential growth of  state-of-the-art multistate training facilities that will benefit from economies of scale by training and certifying School Marshals from across whole regions.

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Proposal for School Marshals in Washington State

The following proposal for School Marshals in Washington state is republished from the March 15, 2018 Spokesman Review.

There are once again many heated discussions about how to stop the carnage in our schools. A few years ago, we led a group of trial attorneys through an analysis of what it will take for Washington state school districts to seriously tackle the issue of protecting schools. It is apparent that Parkland School District in Florida will have to pay huge sums for its failure to anticipate mass murder that was very foreseeable.

School Marshals- Not Teachers with guns. Many school boards and legislatures in other states have already embarked on a policy of authorizing armed personnel within school premises. Federal and Washington state law both leave it up to school boards to designate who will be armed in Washington schools. Nevertheless, most educators and school boards flatly reject proposals for arming teachers with guns.

There is reason to believe that some Washington state schools are already taking quiet steps, however. Teachers who choose to undertake the training and responsibility of being a school marshal should not be denied the same opportunity to serve as certified School Marshals that we are proposing for other qualified personnel.

Public Duty Doctrine It should not be a surprise to anyone that such matters are insurance driven. Washington state’s Public Duty Doctrine dictates that a policy decision not to deploy armed protection in the schools exposes school districts to very low levels of liability. That is because it is a pure policy decision and therefore immune from liability for almost any accidents that occur.

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Implementing the the Law Enforcement Officer’s Safety Act

RE: OPINION LETTER RELATING TO IMPLEMENTATION OF
LAW ENFORCEMENT OFFICERS’ SAFETY ACT

I. PURPOSE

The following opinion answers questions related to questions raised by the WASPC as to whether a municipal law enforcement agency exposes itself to additional liability by certifying retired law enforcement officers as having met Criminal Justice Training Commission standards for firearms qualification. The purpose of the LAW ENFORCEMENT OFFICERS’ SAFETY ACT OF 2004 (18 U.S.C. Sec. 926B and 926C) is to supplement active law enforcement personnel in order to deter crime and prevent terrorist activity. The federal law accomplishes this by anticipating that additional armed law enforcement personnel that have already been trained will be present within each jurisdiction as officers travel from one jurisdiction to another while on business, vacationing or for any other reason. Read more