Tag: Firearms Attorney Spokane

Gun Rights Lawyer for Criminal Defense

  • 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.

    (more…)
  • 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.

    (more…)

  • 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.

    (more…)

  • Bellingham Herald Reports Nothing About Whatcom County Acquittal?

    Kamuran Chabuk never set out to create a case history for legal advocates in the self-defense arena when he and his girlfriend went to check on a noise in their neighborhood. It sounded like someone near where they lived might have needed help. The neighbor making the noise was very drunk and he and another potential assailant followed the young couple to their home, continually harassing Chabuk and his girlfriend right up to their front door. Mr. Chabuk took out his gun and told the two men to leave the private area outside his residence. The two men, continued to advance towards Chabuk- even after one of them had been shot. Kamuran shot the most aggressive of the two; the aggressor did not realize he had been shot. The aggressor continued to advance even after Kamuran shot him a second and third time

    (more…)
  • Deadly Force

    Deadly Force

    The Court of Appeals has held that “the amount of force that is necessary to prevent the infliction of great personal injury may vary with the number of persons the defendant reasonably believes are about to commence striking him with their fists.”

    State v. Irons, 101 Wn. App. 544, 558, 4 P.3d 174 (2000).

    On November 14, 2022, the Whatcom County Superior Court found Kamuran Chabuk not guilty of a 2nd Degree Assault charge nine years after a self-defense shooting in Bellingham. The Law Office of Mark Knapp PLLC obtained an acquittal after a bench trial before Hon. Judge David E. Freeman.

    The case presented some critical factual issues including the presence of multiple aggressors, disparity in the size of the so-called victim, and the potential for a concerted attempt on the part of at least two aggressors to take away the Defendant’s gun and use it against him.

    The aggressor survived the shooting. Nevertheless, the language in WPIC 16.02 provides a template for self-defense cases in which there are multiple aggressors or a group that seems to be acting in concert. The appearance of a threat by one member of the group might justify use of force against other members of the group, depending on the circumstances as they reasonably appeared to the defendant at the time.

    WPIC 16.02 Justifiable Homicide—Defense of Self and Others 

    Multiple assailants. There is no requirement that the defendant’s fear be caused by only the person slain. His self-defense is lawful if based on reasonable fear of imminent harm from either the person slain, or others whom the defendant also reasonably feared. State v. Harris, 122 Wn.App. 547, 90 P.3d 1133 (2004); State v. Irons, 101 Wn.App. 544, 550, 4 P.3d 174 (2000).

    After a jury convicted Kamuran Chabuk of 2nd Degree Assault at his first trial in 2015, the judge ruled that prosecutorial misconduct required a new trial. The State appealed and, in 2019, the Washington Court of Appeals, Division One upheld Judge Ira Uhrig’s decision to take the verdict away from the jury. Whatcom County’s Chief Prosecutor for 44 years, Dave McEachran, had stated at trial that Chabuk had an absolute duty to announce that he had a gun. He also implied that Chabuk provoked the pursuit by videotaping Kiener and his friends and that Chabuk had a duty to retreat.

    In the first trial in 2015, the State made a deal not to call its expert witness to testify about use of lethal force if the defense would agree not to call Bob Smith, retained by the defense to analyze issues such as disparity of force. In the 2022 trial, Smith was instrumental in explaining to the Court why Chabuk had no reasonable alternatives—based on all the circumstances known to him—despite the fact that Kiener might have been unarmed.

    (more…)
  • Arming Teachers

    Arming Teachers

    Retired Special Agent of the US Army Criminal Investigation Command (CID) and tactical use of force instructor, Gary Griffiths, offered the following observations related to ongoing discussions related to arming teachers and other school personnel as specially trained employees of a school district. These employees work in a capacity other than as security staff but are trained to protect themselves and others when threats arise in their working environment. Proposed legislation empowering school districts to implement the “embedded” school personnel concept utilizes the term School Marshals.  Please feel free to network with us in reaching out to elected officials, law enforcement agencies and school districts interested in advocating for School Marshal programs:

    “There is simply no way to absolutely prevent school shootings from happening in this or any other free country.  Even requiring all students to enter the school campus through a metal detector, like they’re entering an airport is not 100% certain to prevent this sort of tragedy. (Google Red Lake Minnesota, 21 March 2005). The recent tragedy at Robb Elementary School in Uvalde, TX also illustrates that even excellent physical security can be instantly negated by a staff member too lazy to follow security protocol.”

    (more…)

  • 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.

    (more…)

  • Expungement of Convictions, Gun Rights & Criminal Defense in Spokane, Washington

    Restoration of Gun Rights.

    As a Spokane Criminal Defense attorney, Mark Knapp often gets calls regarding restoration of gun rights, expungement and the right to possess firearms under Washington state law. In Washington state, expungement does not restore the right to possess firearms. A Petition to Restore the Right to Possess Firearms is the procedure that is required pursuant to RCW 9.41.040.

    Since 1993, the Law Firm of Mark Knapp PLLC has specialized in NFA Gun Trusts and working with courts to restore clients’ right to possess firearms in Washington.

    See Press Release from Top Attorneys of North America.

    Washington State Firearms Attorney.

    We have been focused on gun rights for the last fifteen years. With 32 years of practicing law, we know how to navigate the many pitfalls and potential problems that arise in the process of restoring gun rights. Although some situations seem simple, it is best to have an attorney handling your case that focuses on firearms issues and restoration of gun rights.

    Subscribe to Newsletter. (more…)

  • Jihad Swarming & Counter-Terrorist Tactics

    The manner in which societies organize for war has always been dependent on a number of interrelated factors. Technology is an important factor but there are many instances where societies that are behind in the technology of warfare or even behind in industrial strength and other economic factors have been able to become better organized than their opponents. Japan, for example, created the first successful carrier groups and managed to do this virtually overnight in the years before Pearl Harbor.

    At Pearl Harbor, the Japanese executed tactics gleaned from systematic study of the British attack on Taranto that destroyed a major portion of the Italian Navy.

    Just prior to WW II, theorists like Liddell Hart advocated in favor of integrating fast moving armored vehicles with smaller infantry units and air cover. The only authorities in a position to follow Hart’s innovative doctrine who actually listened were members of the German High Command.

    The German execution of the lightning-fast tactics that the world came to know as Blitzkrieg overran France’s “state of the art” defenses in a matter of a few days with a loss of German lives that was almost nil!

    The ability of the U.S. to mobilize and organize a civilian industrial base in order to convert to the building of carriers and planes and other military armament was one important factor that turned the tables on the Japanese and the Germans. (more…)

  • Action Training Group Promotes Self-Defense Training

    Why did so many people decide that purchasing a gun is the best response to the lock downs? Is it the realization that a pandemic can trigger economic collapse? One thing is for sure. Many of those who broke all previous records by purchasing so many guns and so much ammunition are new gun owners. Even long time gun owners with a great deal of experience should consider regular training in order to prepare for the possibility of using a firearm in self-defense. Despite the perception that showing the predators your handgun will scare them off, many violent criminals are well-trained and are not intimidated by armed citizens.

    So is there a low-cost way to train more aggressively and then maintain your skills after you increase your skills with a handgun?

    The Action Training Group is a nonprofit association of armed citizens who support each other in organizing opportunities to shoot safely. We draw from the holster and design drills that increase concealed carry confidence and improve shooting skills regardless of your level of proficiency.

    Pages: 1 2 3