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Vanity: Requesting FReeper Advice on Friend's Firearms Bust
vanity | 02/27/2008 | rogue yam

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


TOPICS: US: Washington; Your Opinion/Questions
KEYWORDS: banglist; firearm; secondamendment; washington
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To: rogue yam; Paleo Conservative
Washington State law is rather to the point about bringing uncased, to say nothing of loaded, firearms into public facilities, including airports. The same thing would have happened to your friend had he carried into a courthouse or a school, btw, even with the CCW.

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.

121 posted on 02/27/2008 11:28:18 PM PST by Clemenza (I live in New Jersey for the Same Reason People Slow Down to Look at Car Wrecks)
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To: jude24

You may be right. Time will tell!


122 posted on 02/28/2008 5:09:17 AM PST by chainsaw (Monica Lewinsky's ex-sex partner's wife for Pesident ?....No Muslim in the WH either.)
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To: rogue yam
NEVER EVER plead guilty to anything. Fight it all the way. Get a good lawyer - one who deals in firearms issues. Get the yellow pages out and just start calling. It is a job interview. Remember to break the law you must have intent. FWIW your friend would seem careless and that should be his lesson here.
123 posted on 02/28/2008 5:14:04 AM PST by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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To: HawaiianGecko; rogue yam
I am NOT an attorney BTW, but I suggest he get a real good one. One who's golf clubs ride around next to judges golf clubs from time to time.

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...

124 posted on 02/28/2008 5:49:45 AM PST by Gilbo_3 (Choose Liberty over slavery... the gulag awaits ANY compromise with evil...LiveFReeOr Die...)
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To: freedom4ever

IIRC the reps charge was dismissed with only forfeiting the gun...and a public apology...


125 posted on 02/28/2008 5:52:24 AM PST by Gilbo_3 (Choose Liberty over slavery... the gulag awaits ANY compromise with evil...LiveFReeOr Die...)
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To: Ramius

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.


126 posted on 02/28/2008 6:23:04 AM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: Gilbo_3

Thanks. That sounds right, but I didn’t look it up, yet.


127 posted on 02/28/2008 7:46:41 AM PST by freedom4ever
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To: Ramius

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.


128 posted on 02/28/2008 7:51:11 AM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: Syncro

>>>>>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.


129 posted on 02/28/2008 9:21:46 AM PST by angkor
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Comment #130 Removed by Moderator

To: rogue yam
Not a lawyer, but I have a little legal knowledge (none in Washington State).

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.

131 posted on 04/07/2008 8:25:36 PM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: DaveLoneRanger
Hey, any updates on this?

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.

132 posted on 04/07/2008 11:38:42 PM PDT by rogue yam
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