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
Get a good lawyer....
(I know, stating the obvious, but it’s the CORRECT thing to do)
He should hire a good attorney. There's not much any FReepers can do at this point.
Dave, Is this something you could help him with?
Your friend needs a local Washington State lawyer with criminal defense experience, and he needs to follow that lawyer’s advice— no one else’s.
Might send a post over at thehighroad.org as well. If nothing else someone in the area might be able to point out a good lawyer.
Firearms-related information requested.
He’s screwed.
Take your time mounting a legitimate and unemotional defense...
"No railraoding" by the TSa or anyone else...
For the record...
He should NOT have had the weapon on him....
In any case...
JMHO
Your friend will have to answer the charges, and most likely after the eveidence is presented, will get probation.
The judgement will center around 'intent'.
He will need legal representation to plead the charge down to a lesser crime so it doesn't affect his legal ability to carry.
Washington State criminal violation, RCW9.41.300, for carrying his handgun into a restricted area.
He violated the law and unfortunately this law sticks!
Pardon, but I wouldn’t go before the court on a speeding ticket without a lawyer.
Hire the best lawyer who specializes in these types of cases. This is very important. DO NOT just hire Joe Blow from the phone book.
Good luck to your friend.
Thanks for the tip.
Methinks your friend is about to pay a severe penalty for his complacency.
Like others have said, he should find a good 2nd Amendment-supporting lawyer in the jurisdiction where he is charged, and engage that lawyer’s services.
This was a stupid mistake that unless he is very, very careful *could* snowball into charges that will permanently remove his right to even *own* a firearm.
Lawyer up!
In a sane country, your friend would be asked to show his CCW permit and asked if he would be willing to assist in case of an emergency. Then he would have gotten preferred seating on the flight.
Call Bob Knight. Or, was it Billy Tubbs? Barry Switzer? I don’t remember. One of those guys had a gun in his carry on, and got off scot-free.
Ditto. And not take anyone's advise from an internet forum. LOL.
Thank you for your help.
Is his name Barry Switzer?...............
He broke the law. Plain and simple. But he does need to get a good lawyer. What else is there to say?
Barry Switzer..........and it cost him a lot of $$$$$$..........
I would have him call Joe Santos at Center Target in Post Falls. He knows quite a few 2nd savvy atty’s and may be able to point hin in the right direction. In my Utah CCW class he gave the name of his personal atty but I can’t find my notes! Joe is a very good guy.
I would have him call Joe Santos at Center Target in Post Falls. He knows quite a few 2nd savvy atty’s and may be able to point hin in the right direction. In my Utah CCW class he gave the name of his personal atty but I can’t find my notes! Joe is a very good guy.
Not trying to sound callous, but how do you forget where you have your guns?
Sorry, I find it really hard to believe, that while standing in the security line, he didn’t even realise he was armed. They have pictures everywhere reminding you of what can and cannot be carried through.
I've heard of such cases a number of times. The hard part in this instance is finding a good, experienced local lawyer and knowing how to proceed.
Exactly. And those signs are there for a reason. It’s always a good idea to double check that you have no prohibited items before entering a checkpoint of any kind.
Failure to do otherwise can actually get you shot. :P
He knows this. People make mistakes.
“I’m afraid that without legal representation, or if he pleads guilty, he will lose his legal ability to carry a firearm.”
That is a definite yes on losing the carry permit. He was committing a crime, so I don’t see him ever getting the gun back. But that may be the least of his problems. If I were him I would hope for a fine and not much more than that.
I believe it was Switzer. He had a nice large legal team that made it clear that any prosecution would cost the prosecuting agency far more in money and community good will than they would benefit from a conviction.
Moral of story: When charged, hire the best shark you can find.
As an aside, anyone ever hear what happened to Sen. Webb’s assistant who inadvertently tried to carry the senator’s pistol through Capitol security a few months back?
He should not plead guilty. He SHOULD get a lawyer that specializes in gun problems and conceal carry issues and have the lawyer represent him. This will cost some big time money, but if he simply cops a guilty plea he will LOSE his conceal carry permit and will be ineligible to get another one. UNDER NO CIRCUMSTANCES should he try to deal with this on his own.
Advice on how to go about finding this good lawyer? Direct experience regarding others who were in this situation before?
marked to read later
I would contact the head of the Oregon Firearms Federation. He is a very reliable source, and should be able to advise.
Get a good lawyer that specializes in Federal firearms violation.
Then go buy him a new tooth brush and shower sandles. He’z gonna need’em.
Irresponsible gun owner, obviously.
First of all he should hire a good attorney.
Second, stall, stall, stall until the SCOTUS rules. They may be forced to drop charges if the charges are unconstitutional.
Other than that good wish him good luck.
Not trying to sound callous, but how do you forget where you have your guns?
Do you know where all your screwdrivers are?
Unless he’s in a position to marry a Kennedy on short notice I would say he should lawyer up.
Barry Switzer. Unfortunately this guy isn’t the head coach of professional football team and wasn’t about to get on a CHARTERED flight.
Time to Lawyer Up
This is not the first time someone has made this particular mistake. Several other prominent instances have already been mentioned on this thread.
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