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.

 

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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Brief in Support of Retired LEO Denied Federal LEOSA Card

Petitioner has standing and states a claim upon which relief may be granted because LEOSA and the Administrative Procedure Act is appropriate for the relief sought. Johnson v. New York State Dep’t of Corr. Servs presents facts that are very different from the facts presented herein.  In Johnson, the Plaintiffs asserted a right to carry under LEOSA.  The court  held that Congress did not intend to create a private cause of action, but rather a private right. The Johnson court stated:

For the same reasons as with consideration of the second Cort factor, the creation of a federal remedy would be inconsistent with LEOSA’s statutory scheme because Congress left the states with the authority to issue concealed firearm certifications. Therefore, this factor also weighs against the determination that Congress intended to establish a private cause of action.

Johnson, supra (emphasis added).  Read more

Personal Self-Defense is Fundamental to Liberty & Economic Freedom

The cartels just across the border from El Paso, Texas erupted in violence several years ago. Ciudad Juárez was ground zero in Mexico’s war against drug cartels. The violence spread until citizens in Michoacán organized what became known as Autodefensas or self-defense organizations.

Dr. José Manuel Mireles, the leader of the self-defense group in the Mexican state of Michoacán, was released from prison on the morning of May 12, 2017, after serving nearly three years in prison. Cartel Land is a documentary film that tells the story of how, under Dr. Mireles, the Autodefensas, recruited and trained fellow citizens to stop the Knights Templar in Tepalcatepec. Starting in February, 2013, the citizens of Tepalcatepec confronted the Knights Templar cartel, which had been terrorizing the population of the Tierra Caliente area of Michoacán. Read more

Church Safety Seminars In Spokane

Church Safety.

Security Training. Joel Reese has a background in security and law enforcement. For the last 41 years he has worked for Paragon Systems, a security contractor for the Spokane Federal Building. Joel also travels around to other federal courthouses in the Northwest training Paragon security personnel. He has credentials for training in most aspects of the security operations provided at the various federal buildings and has been involved with church safety issues for a long time. .

On Monday, May 1, Joel was at the Genesis Church where he has led the Church Safety Team for the last four years. Rustin Rathbun, one of the founding members of our Action Training Group, Inc. has invited the ATG- and other Safety Teams and organizations- to share information. Rustin and the Genesis team will be inviting speakers to present information related to various church safety issues every first Monday of the month. Read more

Wuli Masters, Keynesian Warlocks & Reptilians

Dancing Wuli Masters, Keynesian Warlocks & Reptilian Conspiracies

Some people thrive on conspiracy theories. The very nature of conspiracy theories is such that historically the widespread belief in conspiracies has destabilized societies in ways that can be very well documented.

Conspiracy Theories

For instance, the German High Command promulgated false documents, “The Protocols of the Elders of Zion”, purporting to be a Jewish conspiracy and utilized the documents to create paranoia in Czarist Russia and other countries. Hitler’s beliefs in a Zionist conspiracy helped to bring about the subversion of Germany’s Weimar Republic and in many quarters of Europe and the Middle East, the Protocols are still accepted at face-value as historical fact. Read more

Why The Second Amendment Matters

WHY THE SECOND AMENDMENT MATTERS

action training group

www.ActionTrainingGroup.org

In 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? Read more