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
He had a gun, he tried to bring it on a plane. All this song and dance about him "forgetting" he had it is going to go nowhere. Possession in an airport is usually a strict liability offense.
His best option is to find a good lawyer and get the best plea he can - because this is not going to end well if it goes to trial.
Only the one’s that I’m required to have a ccw for.
That's just the thing. Call this what you want.
Call it an accident. Call it a mistake. Call it an oversight.
The only problem is that all of those words lead back to another word: irresponsibility.
this might be your man, or call him and ask for referrals
http://www.gunscholar.org/details.htm#WashingtonState
Your post shows how far the train i.e., Country has left the track.
I still find it irresponsible and hard to believe.
Meanwhile, in the State of Reality, this will never occur. Regardless of what the outcome of the DC court case is, the prohibition on bringing them on an airplane will not be voided.
Good question and point.
Yeah, because no terrorist would ever think to exploit that loophole.
I don’t see how anyone that went to the trouble of getting a carry permit, could ever forget he was armed, especially in an airport.
Absolutely.
I’m sorry, but how can you forget that you are carrying a gun? If he were about to be robbed would he ‘suddenly’ remember he was carrying? These things are serious for serious use. He needs to get a good lawyer. He shouldn’t be expect to get his gun back or to have his carry permit back.
Mistakes are things that by definition are not supposed to happen. To observe that is different from saying you don't believe it did happen.
That's why I said to get legal representation.
If he takes a rap for this he very well could lose not just the gun but his legal right to carry ANYTHING ANYWHERE.
You have received lots of good advice but here is something to stress ... if your friend was thinking about pleading without consulting an attorney, tell him kindly, firmly, emphatically, and quickly NOT TO SAY ANOTHER WORD TO ANY AUTHORITY until he’s consulted an attorney. Right to carry, right to vote, business credit, time in jail ... all that is up for grabs.
No, but I make damn sure no screwdrivers are in my carry-on luggage. I carry a pocket-knife most of the time, but when I fly, I either put it in checked luggage or leave it home.
Firearms aren't toys - they're lethal weapons. Anyone who carries one has the duty to always treat it with the utmost safety. "Forgetting" you have it in your bag is not compatible with that duty.
That should count for something.
Thanks for your advice and help. I will keep the thread updated and will continue to check in for suggestions.
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