Tag: Gun Rights Spokane

  • 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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  • Restoring Gun Rights & Vacating Convictions

    Petitioning for restoration of gun rights in Washington. We handle criminal cases, including felonies, and firearms law. We can also help get some convictions vacated:

    INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

    Washington law permits vacating some misdemeanor or gross misdemeanor convictions.

    When the court vacates a conviction, you are released from penalties and disabilities resulting from the offense- but not from the prohibition against possessing firearms.

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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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  • 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.

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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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  • Machine Guns & Automatic Weapons in Washington State

    Machine Guns & Automatic Weapons in Washington State

    We sometimes get questions as to whether a machine gun qualifies for Curio/Relic status under federal regulations. Any such items must comply with the National Firearms Act of 1934 and also local state law.

    The Bureau of Alcohol, Tobacco, Firearms & Explosives will not allow transfer of ANY automatic weapon into Washington state since July 1, 1994 (except departmental purchases). Thus, there are no exceptions for antiques under Washington state law per RCW 9.41.190 and the definitions under RCW 9.41.010.

    Prior to legislative changes in RCW 9.41.190, it was theoretically legal to own an automatic weapon if you were in the armed forces, provided that BATFE would provide the $200.00 tax stamp.

    RCW 9.41.190 stated the following: (more…)

  • 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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  • Armed Defense Training Association

    Gun News – ADTA Article

    The Washington Arms Collectors featured the Armed Defense Training Association in the October, 2016 edition of the GunNews.  We asked the author, Ed Streit, the current ADTA President and a founding member of the citizen self-defense group, to send us the article.  The Action Training Group, Inc. in Eastern Washington and North Idaho follows the model created several years ago when the ADTA founders, including Spokane-area criminal defense lawyer, Mark Knapp, first started exploring ways to create a gun range in Federal Way, Washington.  The following is the complete article from the GunNews.

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  • Criminal Defense Team Sends Message to Spokane County

    Criminal Defense Team Sends Message to Spokane County

    Gerlach Acquittal and the Right to Carry

    Gail Gerlach Acquitted of First Degree Manslaughter

    Gerlach’s Acquittal Sends Strong Message on self-defense

    Criminal defense lawyers in Spokane paid close attention when Gail Gerlach was acquitted of first-degree manslaughter charges. Defense lawyers, Richard Lee and David Stevens, sent a clear message to prosecutors when the Spokane-area resident was acquitted of First Degree Manslaughter for shooting 25 year old Brendon Kaluza-Graham on March 25, 2013. The shot killed Kaluza-Graham who was driving away in Gerlach’s vehicle. Gerlach left the vehicle running while getting ready to take his wife to work.  (more…)