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Author Topic: Chelan County juror unlawfully removed from court house  (Read 26441 times)

Offline Clark33

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Chelan County juror unlawfully removed from court house
« on: June 04, 2014, 12:20:45 PM »
I went to high school with this guy.  He is a stand up guy, I'll post the link and let you read his story.  This happened yesterday.
http://www.dailypaul.com/320079/wa-juror-thrown-out-and-his-juror-duty-revoked-for-insisting-court-to-uphold-state-law-and-safely-secure-firearm-in-lock-

http://www.dailypaul.com/320079/wa-juror-thrown-out-and-his-juror-duty-revoked-for-insisting-court-to-uphold-state-law-and-safely-secure-firearm-in-lock-

Here is the law in question... He was correct, it does say they shall provide a lockbox or an office to secure the weapon.


RCW 9.41.300

Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty.

 



(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

     (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

     (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

     For purposes of this subsection (1)(b), "weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury.

    In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.     The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

     (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;

     (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age; or

     (e) The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.

     (2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

     (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

     (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

     (i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

     (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

     (3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

     (b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.

     (4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.

     (5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

     (6) Subsection (1) of this section does not apply to:

     (a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

     (b) Law enforcement personnel, except that subsection (1)(b) of this section does apply to a law enforcement officer who is present at a courthouse building as a party to an action under chapter 10.14, 10.99, or 26.50 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 26.50.010; or

     (c) Security personnel while engaged in official duties.

     (7) Subsection (1)(a), (b), (c), and (e) of this section does not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection (1)(b) of this section does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an action under chapter 10.14, 10.99, or 26.50 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 26.50.010.

     (8) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

     (9) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

     (10) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

     (11) Government-sponsored law enforcement firearms training must be training that correctional personnel and community corrections officers receive as part of their job requirement and reference to such training does not constitute a mandate that it be provided by the correctional facility.

     (12) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.

     (13) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.



[2011 c 221 § 2; 2008 c 33 § 1. Prior: 2004 c 116 § 1; 2004 c 16 § 1; 1994 sp.s. c 7 § 429; 1993 c 396 § 1; 1985 c 428 § 2.]

Offline turkeyfeather

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Re: Chelan County juror unlawfully removed from court house
« Reply #1 on: June 04, 2014, 12:43:16 PM »
WOW!! I am torn on this though. The kid is right that ignorance is not an excuse.  And this once again clearly shows that our law enforcement truly knows very little about the law, but know more about being bullies. However, that being said this kid clearly did this to instigate a confrontation which I find a little immature and a poor representation of gun owners.
Be more concerned with your character than your reputation. Your character is who you actually are while your reputation is merely who others think you are.

Offline vandeman17

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Re: Chelan County juror unlawfully removed from court house
« Reply #2 on: June 04, 2014, 12:45:13 PM »
WOW!! I am torn on this though. The kid is right that ignorance is not an excuse.  And this once again clearly shows that our law enforcement truly knows very little about the law, but know more about being bullies. However, that being said this kid clearly did this to instigate a confrontation which I find a little immature and a poor representation of gun owners.

totally agree. Might have been more prudent to point out the law so that they are aware, maybe even contact the superiors to talk to them but end up locking up the firearm in your vehicle. My old man taught me long ago to pick my battles and if it were me, this would not have been one of them  :twocents:
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Offline pianoman9701

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Re: Chelan County juror unlawfully removed from court house
« Reply #3 on: June 04, 2014, 12:48:34 PM »
I didn't notice any action on the part of the juror to instigate anything. He showed up for jury duty with a legally carried firearm and requested storage of that firearm. The law is designed specifically for this. How is that instigating anything? This is way different than walking into an IHOP with a bazooka just to prove a point.  I'll be bringing my firearm to the courthouse when I need to go. :dunno:
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Offline turkeyfeather

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Re: Chelan County juror unlawfully removed from court house
« Reply #4 on: June 04, 2014, 12:49:39 PM »
WOW!! I am torn on this though. The kid is right that ignorance is not an excuse.  And this once again clearly shows that our law enforcement truly knows very little about the law, but know more about being bullies. However, that being said this kid clearly did this to instigate a confrontation which I find a little immature and a poor representation of gun owners.

totally agree. Might have been more prudent to point out the law so that they are aware, maybe even contact the superiors to talk to them but end up locking up the firearm in your vehicle. My old man taught me long ago to pick my battles and if it were me, this would not have been one of them  :twocents:
Absolutely agree! I would've followed their instructions and then addressed the problems with those that can resolve it rather than pick a fight with some lower level guys who really can't do anything anyways.
Be more concerned with your character than your reputation. Your character is who you actually are while your reputation is merely who others think you are.

Offline turkeyfeather

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Re: Chelan County juror unlawfully removed from court house
« Reply #5 on: June 04, 2014, 12:53:35 PM »
I didn't notice any action on the part of the juror to instigate anything. He showed up for jury duty with a legally carried firearm and requested storage of that firearm. The law is designed specifically for this. How is that instigating anything? This is way different than walking into an IHOP with a bazooka just to prove a point.  I'll be bringing my firearm to the courthouse when I need to go. :dunno:
He went in there with video camera in hand already knowing they were not prepared to handle the situation. That is in my opinion clearly instigating a confrontation.
Be more concerned with your character than your reputation. Your character is who you actually are while your reputation is merely who others think you are.

Offline Clark33

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Re: Chelan County juror unlawfully removed from court house
« Reply #6 on: June 04, 2014, 12:55:12 PM »
I don't believe he instigated anything.  How is exercising your right under the constitution and knowing your states laws instigating.  If anything he could win this battle if it goes to a court.

Offline Clark33

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Re: Chelan County juror unlawfully removed from court house
« Reply #7 on: June 04, 2014, 12:58:17 PM »
He used his phone to record and only got it out once he realized they were not going to follow state law.

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Re: Chelan County juror unlawfully removed from court house
« Reply #8 on: June 04, 2014, 01:00:50 PM »
You have your opinion, I have mine. I think he knew what he was doing before he ever even walked into the court house.
Be more concerned with your character than your reputation. Your character is who you actually are while your reputation is merely who others think you are.

Offline NumaJohn

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Re: Chelan County juror unlawfully removed from court house
« Reply #9 on: June 04, 2014, 01:03:24 PM »
 :yeah:
"When we go afield to hunt wild game produced by the good earth, we search among the absolute truths held by the land, and the land, responding only to the law of nature, cannot be deceived."    

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Offline WAcoyotehunter

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Re: Chelan County juror unlawfully removed from court house
« Reply #10 on: June 04, 2014, 01:16:21 PM »
I didn't notice any action on the part of the juror to instigate anything. He showed up for jury duty with a legally carried firearm and requested storage of that firearm. The law is designed specifically for this. How is that instigating anything? This is way different than walking into an IHOP with a bazooka just to prove a point.  I'll be bringing my firearm to the courthouse when I need to go. :dunno:
He went in there with video camera in hand already knowing they were not prepared to handle the situation. That is in my opinion clearly instigating a confrontation.
I tend to agree.  I think the cops were caught off guard and miffed by it, and I think the guy with the camera was doing to to make trouble, otherwise he wouldn't have it posted on an activism website one day later.

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Re: Chelan County juror unlawfully removed from court house
« Reply #11 on: June 04, 2014, 01:29:31 PM »
The last time I reported for jury duty at the Chelan County courthouse, my little pocket knife was confiscated at check in, and was told that I could get my "weapon" back at the end of the trial from the County Clerk's office.  It didn't seem to matter that I went all through school with a jacknife in my pocket, and never once did it occur to me that I could stab someone with it!  My immediate thought was: "So, I'm trustworthy enough to serve on a jury, but I'm not trustworthy enough to have a tiny jacknife in my pocket!"  I will never report for jury duty again.  They can arrest me and put me in jail, I don't care....  :bash:
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Offline Clark33

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Re: Chelan County juror unlawfully removed from court house
« Reply #12 on: June 04, 2014, 01:31:08 PM »
WOW!! I am torn on this though. The kid is right that ignorance is not an excuse.  And this once again clearly shows that our law enforcement truly knows very little about the law, but know more about being bullies. However, that being said this kid clearly did this to instigate a confrontation which I find a little immature and a poor representation of gun owners.

I see that very differently if what I just read is accurate. He seemed like a very good gun owner to me? He understood the laws and his rights within the laws better than most. I find nothing immature about that. And from what I did read he sought out no confrontation at all, it came to him. I guess he could have just walked away and avoid the confrontation like most would. That is exactly how our rights are evaporating right in front of our faces. People from the highest place in government down to law enforcement seem to think they can impose their will on the people now without any regards to the law. And the biggest problem hurting us now is they get away with that behavior more often than not.

AMEN! :tup:

Offline grundy53

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Re: Chelan County juror unlawfully removed from court house
« Reply #13 on: June 04, 2014, 02:28:40 PM »
WOW!! I am torn on this though. The kid is right that ignorance is not an excuse.  And this once again clearly shows that our law enforcement truly knows very little about the law, but know more about being bullies. However, that being said this kid clearly did this to instigate a confrontation which I find a little immature and a poor representation of gun owners.

I see that very differently if what I just read is accurate. He seemed like a very good gun owner to me? He understood the laws and his rights within the laws better than most. I find nothing immature about that. And from what I did read he sought out no confrontation at all, it came to him. I guess he could have just walked away and avoid the confrontation like most would. That is exactly how our rights are evaporating right in front of our faces. People from the highest place in government down to law enforcement seem to think they can impose their will on the people now without any regards to the law. And the biggest problem hurting us now is they get away with that behavior more often than not.

:yeah: also what if someone sees him put it in his car then smashes his window and steals it? As someone who has had a pistol stolen out of my truck I know I wouldn't want to leave a gun in my car.

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« Last Edit: June 04, 2014, 03:19:07 PM by grundy53 »
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Re: Chelan County juror unlawfully removed from court house
« Reply #14 on: June 04, 2014, 02:41:18 PM »
Yeah pick your battles, he went there to start something.  Just listen to the way he talks to the officers, no respect whatsoever, condescending, and acting like he is in a debate on Fox News.  When has preaching laws to a cop ever gotten anyone anywhere, save it for the court room. 

 


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