Tag: criminal defense. spokane gun rights

  • Posse Comitatus Act

    Will the Marines Stand With the President in a Dangerous War Against the American People and the Second Amendment? Which branch of the military constitutes the remnant most likely to uphold the oath to the U.S. Constitution against domestic and foreign enemies?

    The following is a summary of a document entitled The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, by Charles Doyle and Jennifer K. Elsea. A 2012 report prepared for the Congressional Research Service. We will identify any opinions and conclusions that do not ysimply summarize the history & legal precedents contained in the source document.

    The U.S. Constitution provides for use of the militia to execute the Laws of the Union to suppress insurrections and invasions and to protect the states from usurpation of their “republican form of government.” Additionally, state legislatures may request federal military intervention to suppress domestic violence. Congress enacted the Insurrection Acts and other laws pursuant to its express Constitutional authority.

    Insurrection Acts. The Insurrection Acts have been invoked many times in history and outlining such events clears up some of questions while also raising a number of issues. There are several federal laws that also deal with authorizing land and naval forces. The most important law for purposes of the present discussion is the 1878 Posse Comitatus Act.

    Posse Comitatus Act. The Posse Comitatus Act prohibits use of the military to execute the law unless authorized by Congress within its Constitutional authority to suppress insurrection and invasions; thus, the Insurrection Acts and other laws that provide exceptions to Posse Comitatus Act. Violation of Posse Comitatus is a criminal offense.

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  • Open-Carry of a Shotgun: A Good Idea in an Apartment Complex?

    Open-Carry of a Shotgun: A Good Idea in an Apartment Complex?

    The day before Thanksgiving (2023), the Law Office of Mark Knapp PLLC obtained an acquittal in a case alleging Second Degree Assault (with a firearm enhancement) in Snohomish County today. The three-day jury trial focused on open-carry issues and whether the complaining witness (the alleged victim) was justified in grabbing a loaded shotgun from our client. Grabbing a weapon is only justified where a threat of imminent deadly force exists.

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    Self-Defense or Criminal Assault? Grabbing a shotgun—other than in self-defense—constitutes Assault in the Second Degree and could include Robbery charges, and a Firearms Enhancement. Our client told the police and the jury that he just went to the parking lot to check on his motorcycle when his neighbor approached him aggressively, demanding to know why he was carrying a shotgun in a common area.

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  • 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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  • 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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  • Uvalde Schools Implemented Extensive Security Measures Including School Resource Officers

    Uvalde Schools Implemented Extensive Security Measures Including School Resource Officers

    The school district in Uvalde, Texas, had an extensive safety plan in place when nineteen children were killed. The killer accessed an open door and killed children and teachers for about 74 minutes while police officers allegedly refused to enter the barricaded room where the slaughter was taking place. These things occurred even though Uvalde’s spending on school security and monitoring services in Uvalde more than doubled since 2017, rising from about $200,000 to about $435,000 for the current school year, according to school budget documents.

    The district adopted an array of security measures that included its own police force, threat assessment teams at each school, a threat reporting system, social media monitoring software, fences around schools and a requirement that teachers lock their classroom doors, according to the security plan posted on the district’s website. Texas police are now saying that the armed school officer who was first reported to have engaged the gunman in a firefight was not on campus when the shooting started.

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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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  • 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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  • 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. 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 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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  • Spokane Criminal Defense Law Firm

    Criminal Defense. A big component of our Spokane area criminal defense practice is dedicated to restoring the right to own firearms. Up until a few years ago, the NICS did not recognize restoration of rights for non-felony domestic violence convictions entered in Washington state. With many Domestic Violence (DV) convictions, a person is still prohibited by Washington state law from possessing firearms under RCW 9.41.040 (2)(a)(i).

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    Domestic Violence. The Domestic Violence convictions that prohibit possession of firearms under Washington state law are the following crimes when committed by one family or household member against another, after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence. (more…)

  • The Last Line of Defense

    I am reading this article again. It is the first blog I ever posted and most of it is up to date after 15 years. I read a lot about the Korean War, a war that most of us want to forget—if we ever knew much about it in the first place. That study caused me to have an epiphany regarding China’s strategy in 2006.

    I started analyzing the strategic thinking of Mao Zedong in order to grasp how China’s leadership was approaching its promise to take control of Taiwan. Such a move will almost certainly involve the Philippines, Japan and American territories in the Pacific.

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