Tag: 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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  • 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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  • 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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  • Julian Huxley, Second Amendment & UN Suzerainty

    Suzerain- Main Entry: su·zer·ain
    Pronunciation: ˈsü-zə-rən, -ˌrân; ˈsüz-rən

    Function: noun

    1 : a superior feudal lord to whom fealty is due: overlord;

    2 : a dominant state controlling the foreign relations of a vassal state but allowing it sovereign authority in its internal affairs.

    Jeremy Rabkin, a professor of law at George Mason University School of Law, recently authored an article published in Imprimis called “The Constitution and American Sovereignty”. In the article, Rabkin explains how the concept of national sovereignty, as we understand it today, developed during the Seventeenth century along with nationalism. (more…)

  • Terror at Beslan; Our Schools Are Targeted for Terror Attacks

    People need to make the decision to prepare for deadly force now, not when the attack precipitates. By then, it will be too late.”

    Read Israel’s answer to school violence. (more…)

  • Washington State Firearms Attorney In Spokane

    Our law practice focuses on firearms related issues in Washington state.

    We were in Federal Way for 25 years. The Federal Way Mirror asked me to write a column in the local newspaper. The Mirror published the Firearms Lawyer column for four years. The column was about local law enforcement and current legal issues of concern to gun owners.

    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. https://zurl.co/5ce0

    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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  • FBI Clears Way for Restoration of Gun Rights After DV Conviction in Washington State

    Until recently, anyone that had been convicted of a Fourth Degree Assault determined to be domestic violence in Washington State was in a tough position because the NICS did not recognize a Restoration of Rights for Washington state non-felony domestic violence convictions. State and federal laws on the subject of domestic violence and gun rights are very technical and you should schedule a legal consultation in order to look carefully at any convictions that you think resulted from allegations of domestic violence.

    Many Washington State citizens with misdemeanor DV convictions who had their right to possess firearms restored were getting NICS denials. The intent of Congress has long been that a state court order restoring firearm rights should remove federal prohibitions on possessing firearms. (more…)

  • Restoring Your Right to Keep & Bear Arms

    You can petition the court to restore your right to own firearms by representing yourself or obtaining an attorney. We can provide some links that will help you to obtain the forms but there are some pitfalls. For instance, at the present time, the federal government (BATF & NICS) will not recognize rights restored by the Washington Courts if the underlying conviction was for domestic violence.

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  • King County Lawyers Discuss Washington State Gun Law

    https://www.kcba.org/news…D=article21.htm

    Reprinted from King County Bar Association Bar Bulletin (September, 2011).

    I read KCBA President Joe Bringman’s message in the Bar Bulletin (August, 2011 President’s Page). Many lawyers have the impression that the KCBA is taking political positions that conflict with the conservative principles which animate more than a few lawyers. The President’s comments related to state preemption of local gun control efforts might be commendable as an opinion piece or an expression of his personal opinion. Nevertheless, the fact that he was writing as President to KCBA members raises the issue of whether the President’s Page is an appropriate venue from which to advocate taking a questionable position regarding RCW 9.41.290. (more…)

  • Preemption: Washington Cities Violate State Gun Law

    Attorneys for various municipalities around Washington State have issued legal opinions that RCW 9.41.290 “only applies to the regulation of firearms themselves” and “excludes regulations that only secondarily affect firearms… that do not embody a punitive regulation”. The Washington State Attorney General’s Office issued a legal opinion last week that thoroughly rebuts such opinions based on Cherry v Metro and another case that dealt with certain narrow issues applied to a venue for a gun show leased from the City of Sequim, washington. (more…)