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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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1 posted on 02/27/2008 12:31:43 PM PST by rogue yam
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To: rogue yam

Get a good lawyer....

(I know, stating the obvious, but it’s the CORRECT thing to do)


2 posted on 02/27/2008 12:33:32 PM PST by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
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To: rogue yam
Advice?

He should hire a good attorney. There's not much any FReepers can do at this point.

3 posted on 02/27/2008 12:33:41 PM PST by TChris ("if somebody agrees with me 70% of the time, rather than 100%, that doesn’t make him my enemy." -RR)
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To: rogue yam; DaveLoneRanger

Dave, Is this something you could help him with?


4 posted on 02/27/2008 12:34:13 PM PST by Friend_from_the_Frozen_North (If you are, as Rush would say, "A Glittering Jewel of Colossal Ignorance" don't waste my time...)
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To: rogue yam

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.


5 posted on 02/27/2008 12:34:15 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: rogue yam
Find a very good lawyer and be prepared to spend alot of money...
6 posted on 02/27/2008 12:34:25 PM PST by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: rogue yam

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.


7 posted on 02/27/2008 12:34:25 PM PST by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: rogue yam
...oh, and he should not plead anything until he has hired a good attorney.
8 posted on 02/27/2008 12:34:25 PM PST by TChris ("if somebody agrees with me 70% of the time, rather than 100%, that doesn’t make him my enemy." -RR)
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To: DaveLoneRanger

Firearms-related information requested.


9 posted on 02/27/2008 12:34:29 PM PST by rogue yam
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To: rogue yam

He’s screwed.


10 posted on 02/27/2008 12:34:37 PM PST by Lancer_N3502A
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To: rogue yam
Get a good lawyer...

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

11 posted on 02/27/2008 12:35:06 PM PST by Wings-n-Wind (The main things are the plain things!)
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To: rogue yam
Find a good lawyer who is a 2nd Amendment supporter. Generally, they have a better insight to problems like this.

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'.

12 posted on 02/27/2008 12:35:10 PM PST by Pistolshot (Remember, no matter how bad your life is, someone is watching and enjoying your suffering.)
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To: rogue yam
I'm afraid that without legal representation, or if he pleads guilty, he will lose his legal ability to carry a firearm.

He will need legal representation to plead the charge down to a lesser crime so it doesn't affect his legal ability to carry.

13 posted on 02/27/2008 12:35:19 PM PST by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: rogue yam

Washington State criminal violation, RCW9.41.300, for carrying his handgun into a restricted area.

He violated the law and unfortunately this law sticks!


14 posted on 02/27/2008 12:35:48 PM PST by AngelesCrestHighway
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To: rogue yam

Pardon, but I wouldn’t go before the court on a speeding ticket without a lawyer.


15 posted on 02/27/2008 12:35:53 PM PST by patton (cuiquam in sua arte credendum)
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To: rogue yam
As Ollie North said ... "I'm going to trust in God and a good 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.

16 posted on 02/27/2008 12:37:14 PM PST by AmericaUnited
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To: rogue yam
I suggest that you contact the Second Amendment Foundation, which is based in Bellevue. You might also try the local NRA. Either should be able to direct you to a good local contact.

Good luck to your friend.

17 posted on 02/27/2008 12:37:23 PM PST by r9etb
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To: Domandred
Might send a post over at thehighroad.org as well.

Thanks for the tip.

18 posted on 02/27/2008 12:37:28 PM PST by rogue yam
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To: rogue yam

Methinks your friend is about to pay a severe penalty for his complacency.


19 posted on 02/27/2008 12:37:31 PM PST by papertyger (changing words quickly metastasizes into changing facts -- Ann Coulter)
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To: rogue yam

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.


20 posted on 02/27/2008 12:37:50 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: rogue yam
It's gonna be a Federal case I bet.

Lawyer up!

21 posted on 02/27/2008 12:38:26 PM PST by TexasCajun
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To: rogue yam

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.


22 posted on 02/27/2008 12:38:36 PM PST by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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To: rogue yam

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.


23 posted on 02/27/2008 12:38:36 PM PST by newgeezer (Amendment XIX was passed and ratified by spineless, self-serving men.)
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To: TChris
He should hire a good attorney. There's not much any FReepers can do at this point.

Ditto. And not take anyone's advise from an internet forum. LOL.

24 posted on 02/27/2008 12:38:41 PM PST by Lurking in Kansas (Never argue with an idiot. They drag you down to their level, then beat you with experience.)
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To: r9etb
I suggest that you contact the Second Amendment Foundation, which is based in Bellevue.

Thank you for your help.

25 posted on 02/27/2008 12:39:34 PM PST by rogue yam
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To: rogue yam

Is his name Barry Switzer?...............


26 posted on 02/27/2008 12:39:46 PM PST by Red Badger ( We don't have science, but we do have consensus.......)
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To: rogue yam

He broke the law. Plain and simple. But he does need to get a good lawyer. What else is there to say?


27 posted on 02/27/2008 12:40:18 PM PST by Kirkwood
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To: newgeezer

Barry Switzer..........and it cost him a lot of $$$$$$..........


28 posted on 02/27/2008 12:40:41 PM PST by Red Badger ( We don't have science, but we do have consensus.......)
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To: rogue yam

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.


29 posted on 02/27/2008 12:41:14 PM PST by Ribeye (Protective head wear courtesy of "Reynolds Aluminum Products - Implant Suppression Division")
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To: rogue yam

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.


30 posted on 02/27/2008 12:41:25 PM PST by Ribeye (Protective head wear courtesy of "Reynolds Aluminum Products - Implant Suppression Division")
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To: Wings-n-Wind

Not trying to sound callous, but how do you forget where you have your guns?


31 posted on 02/27/2008 12:41:36 PM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: rogue yam

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.


32 posted on 02/27/2008 12:41:36 PM PST by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: newgeezer
One of those guys had a gun in his carry on, and got off scot-free.

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.

33 posted on 02/27/2008 12:41:46 PM PST by rogue yam
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To: stuartcr

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


34 posted on 02/27/2008 12:43:07 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Wings-n-Wind
For the record... He should NOT have had the weapon on him....

He knows this. People make mistakes.

35 posted on 02/27/2008 12:43:14 PM PST by rogue yam
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To: Just another Joe

“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.


36 posted on 02/27/2008 12:44:08 PM PST by Kirkwood
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To: newgeezer

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.


37 posted on 02/27/2008 12:44:42 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: All

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?


38 posted on 02/27/2008 12:44:45 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: rogue yam

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.


39 posted on 02/27/2008 12:45:29 PM PST by VRWCmember (McCain 2008 - If it's inevitable, you might as well lay back and try to enjoy it.)
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To: Kirkwood
But he does need to get a good lawyer. What else is there to say?

Advice on how to go about finding this good lawyer? Direct experience regarding others who were in this situation before?

40 posted on 02/27/2008 12:45:45 PM PST by rogue yam
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marked to read later


41 posted on 02/27/2008 12:45:55 PM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: rogue yam

I would contact the head of the Oregon Firearms Federation. He is a very reliable source, and should be able to advise.


42 posted on 02/27/2008 12:46:06 PM PST by Atlas Sneezed (Waiting for tagline...)
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To: Rick.Donaldson

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.


43 posted on 02/27/2008 12:47:05 PM PST by servantboy777
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To: stevio
Not trying to sound callous, but how do you forget where you have your guns?

Irresponsible gun owner, obviously.

44 posted on 02/27/2008 12:47:14 PM PST by jdm
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To: TChris

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.


45 posted on 02/27/2008 12:47:41 PM PST by chainsaw (Monica Lewinsky's ex-sex partner's wife for Pesident ?....No Muslim in the WH either.)
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To: stevio

Not trying to sound callous, but how do you forget where you have your guns?


When life is truly good, in a free society, you have enough guns that you don’t have to keep mental track of them at all times.

Do you know where all your screwdrivers are?


46 posted on 02/27/2008 12:47:53 PM PST by Atlas Sneezed (Waiting for tagline...)
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To: rogue yam

Unless he’s in a position to marry a Kennedy on short notice I would say he should lawyer up.


47 posted on 02/27/2008 12:47:53 PM PST by TC Rider (The United States Constitution ? 1791. All Rights Reserved.)
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To: newgeezer

Barry Switzer. Unfortunately this guy isn’t the head coach of professional football team and wasn’t about to get on a CHARTERED flight.


48 posted on 02/27/2008 12:48:12 PM PST by VRWCmember (McCain 2008 - If it's inevitable, you might as well lay back and try to enjoy it.)
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To: rogue yam

Time to Lawyer Up


49 posted on 02/27/2008 12:48:26 PM PST by Conspiracy Guy (I voted Republican because no Conservatives were running.)
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To: stuartcr
Sorry, I find it really hard to believe, that while standing in the security line, he didn’t even realise he was armed.

This is not the first time someone has made this particular mistake. Several other prominent instances have already been mentioned on this thread.

50 posted on 02/27/2008 12:48:34 PM PST by rogue yam
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