Posted on 02/27/2008 12:31:40 PM PST by rogue yam
Fellow FReepers, please forgive this, my first-ever vanity post. I am seeking advice for my friend who was arrested at Spokane Airport for going through airport security with a handgun in his carry-on bag.
Background: My friend is a responsible, married, small business owner with absolutely no criminal background. He has a valid Washington State concealed carry permit. On the day of his arrest he had been doing some business requiring him to carry cash, so he had also carried (in a small carry bag) a handgun for personal security. He went home and then went to the Spokane Airport to take a short in-state flight for a business trip. Unfortunately he simply forgot to remove his handgun from his carry bag so when he went through security at the airport and he ran his bag through the x-ray machine, the gun was discovered leading to his arrest.
The Airport Police were very reasonable and low-key and he was on his way in twenty minutes (minus his handgun, of course) but my friend is now charged with a Washington State criminal violation, RCW9.41.300, for carrying his handgun into a restricted area.
So here's the reason for my post: My friend is fairly new to that area and does not have local contacts with regard to legal advice, etc. Also, he has never had to deal with anything like this before. He called me to ask for advice as to whether he should plead guilty and/or whether and how he should seek legal representation in this matter.
We both searched for Washington State gun rights contacts and I told him I would post this request for information here on FR.
If any FReepers, and in particular Eastern Washington FReepers, have any suggestions or relevant experience regarding how my friend should proceed to resolve this honest mistake with no criminal intent, I would very much appreciate hearing from you either on this thread or by FReepmail.
Thank you all.
- rogue yam
Since this is (I assume) a first offense, this is something that can be easily negotiated in the early process. Nevertheless, remember (Joe Friday voice) that ignorance of the law is never an excuse.
You may be right. Time will tell!
That is positively the BEST words of advice on this thread so far...
Stall long enough to see whose courtroom and prosecutors desk the case lands in. Those guys 'pal' is your attorney...
IIRC the reps charge was dismissed with only forfeiting the gun...and a public apology...
It’s a tough thing. I hate seeing a brother-in-arms being taken down because of an honest mistake. But carrying a weapon is a responsibility along with a right.
Thanks. That sounds right, but I didn’t look it up, yet.
You really don’t have to be perfect to know what you packed in the bag that is in your hand, that can be opened easily and looked into, but thanks.
>>>>>He looked at her and said, His lawyer is a lot more expensive than I am.
Wifey’s lawyers were such utter sleazeballs that they actually tried that line on ME, right there at the settlement conference.
“Ms. Dragon Lady must be costing you a great deal of money Mr. Angkor. Lots of subpoenae and discovery here.”
“Yes, she is. A lot. But your client will be paying the bill, and I’ll fight this right down to her very last penny.”
Whoops.
The bad news here, is that gun cases are often strict liability. Intent doesn't matter. The good news (small consolation) is that this doesn't seem to be charged federally, nor does he have priors based on your post. Based on the very little knowledge of the facts given here, it seems as this is NOT a felony, but a gross misdemenor with that statute.
I know it is a little late to this thread, but my advice here is to get the best lawyer possible in Spokane, and hope there's a backlog of cases in Spokane County. Most of the important stuff is handled before any trial/examination, etc.
I don't know the Washington CCW laws, revokation processes, restrictions on gun purchases out there. That's something he needs to look up and discuss with his attorney. If I had this case, my goal would be for your friend to 1. avoid a felony (which probably is going to happen), 2. avoid jailtime and 3. Try and get this off his record if possible. I doubt he'll have his CCW license though.
My pure speculation is that an average prosecutor here wants to wrap this case up and go home as soon as possible. The prosecutor does not want to go to trial. It increases his work load and takes up time he wants to spend elsewhere. Your friend also doesn't want to go to trial for something like this. I expect a plea bargain and a big fine and probation. A good prosecutor isn't going to want him in jail assuming he's good people, but wants to get the point across so he won't see him again.
Not yet. An attorney was hired (from a FReeper recommendation, btw) and I've heard no more. I'll let everyone know the outcome when I know.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.