Tag: Washington Gun Rights

Expungements & Restoration of Gun Rights in Spokane Washington

  • 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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  • 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.

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  • 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

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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…)

  • Restoring Gun Rights & Vacating Convictions

    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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  • 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…)

  • Vigilance, Not Vigilantes

    The fact that the King County Sheriff’s office and other Washington State law enforcement agencies are being forced to eliminate officers has raised the issue of whether we citizens may have to defend ourselves from violent predators. Is Sheriff Sue Rahr’s recent suggestion that citizens should protect themselves some new kind of vigilantism that may deprive others of Constitutional due process? (more…)

  • NFA Trusts Available for Washington Gun Owners

    Many gun owners are interested in holding certain items that are restricted under the National Firearms Act. There are several advantages in using revocable trusts to hold weapons and other components that come under the purview of Title II of the NFA. (more…)