State Supreme Court dismisses Bauer assault charge

sudden valley gunner · Jul 29, 2014

Lammo said:
You must not recall the old saw that a half competent prosecutor can get a grand jury to indict a ham sandwich.

:lol: True look what they do to a lot of the inquests.

At one time prosecutors were not allowed to have much to do with the grand jury, even the judge was very limited.

A great book is The Grand Jury, by George J. Edwards. Much of that changed with FDR's streamlining the system which has been copied by most systems throughout the states. The term in Germany he modeled it after was Gliechshaltung if I remember right.

Aknazer · Jul 30, 2014

FMCDH said:
While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

For gods sake, at the minimum... HIDE IT!

But I say, stop being a lazy a** and carry it.

Lazy, lazy, lazy, idiot.

I don't know the details of how the gun was stolen, but in general I'm not going to make the gun reasonably hard to access if it is for home/personal protection. My wife stays at home, so even if I'm not there and don't have the gun on me for some reason, it is likely to be on a shelf that is out of the standard reach of small children but still accessible if needed.

So realize there are reasons why someone might not have their gun on them but yet don't want to lock it up or hide it. Not that it should just be left on top of the night stand or in the drawer, but hiding it comes across as making it hard to access if needed.

Grim_Night · Aug 31, 2014

http://news.msn.com/crime-justice/mother-of-boy-who-brought-gun-to-school-sentenced?gt=51501

The mother of a Washington state boy who brought a gun to school that went off in his backpack and critically wounded a classmate will spend more than a year behind bars.

The boy told investigators he took the gun from a dresser at the home of his mother's boyfriend, Douglas Bauer, because he was afraid of other students. Chaffin did not have custody of her son, who lived with his uncle.

The boy and his siblings testified that there were other firearms in Bauer's home that were not locked away.

So, the mother of the boy that stole the gun from the mother's boy friend's house was charged with illegal possession. I'm trying to figure this one out. His house, his guns, she's in possession? Wait... what??

Bill45 · Aug 31, 2014

I am not a lawyer, but, from what I understand a person who is prohibited from firearm possesion can not be in the same house as a firearm. You are concidered "in possesion" even if you have no knowlege that the gun is there.

If you are aware then you can be charged with in control and possesion. I think this is because the law charges you for what you could or might do not what is actually the fact. The firearm can be in his/her hand or hidden under the couch. Same, same. And it does not matter who the legal owner is.

Maybe someone with better knowlege of how the law is applied can chime in.

Grim_Night · Aug 31, 2014

Bill45 said:
I am not a lawyer, but, from what I understand a person who is prohibited from firearm possesion can not be in the same house as a firearm. You are concidered "in possesion" even if you have no knowlege that the gun is there.

If you are aware then you can be charged with in control and possesion. I think this is because the law charges you for what you could or might do not what is actually the fact. The firearm can be in his/her hand or hidden under the couch. Same, same. And it does not matter who the legal owner is.

Maybe someone with better knowlege of how the law is applied can chime in.

That's not the point. They tried to charge her with assault but they pleaded her down in exchange for her testimony against her boyfriend. But as soon as the WSSC ruled in favor of the boyfriend, the county immediately pushed forward their case against the mother to try and get somebody since they couldn't get the boyfriend.

wittmeba · Aug 31, 2014

If you are carrying Open or Concealed and someone gets your gun from you, shoots & kills you, will you be charged with Murder and the perp go free?

Bill45 · Aug 31, 2014

Grim_Night said:
That's not the point. They tried to charge her with assault but they pleaded her down in exchange for her testimony against her boyfriend. But as soon as the WSSC ruled in favor of the boyfriend, the county immediately pushed forward their case against the mother to try and get somebody since they couldn't get the boyfriend.

From what I understand, the mother has a felony conviction and she lived with her boy friend. The boy friend has guns. Therefor she can be charged with possesion etc.
It may not be fair but they must have felt someone needed to be held to account for letting a child get a gun.

Bill45 · Aug 31, 2014

wittmeba said:
If you are carrying Open or Concealed and someone gets your gun from you, shoots & kills you, will you be charged with Murder and the perp go free?

Who cares. I am dead. Arrest me, beat me, call me names. I will refuse to acknowlege you!

Difdi · Aug 31, 2014

madicarus said:
This was a good decision by the state Supreme Court. I'm more bothered by the prosecutor who still wants to find charges against the gun owner.

So basically, if someone were to pick that prosecutor's pocket and use the money in his wallet for illegal purposes (buy drugs, hire a prostitute, whatever), that prosecutor would be perfectly okay with being charged with the crime, right?

sudden valley gunner · Aug 31, 2014

Difdi said:
So basically, if someone were to pick that prosecutor's pocket and use the money in his wallet for illegal purposes (buy drugs, hire a prostitute, whatever), that prosecutor would be perfectly okay with being charged with the crime, right?

Except they grant themselves and agents of the state immunities.

Grapeshot · Aug 31, 2014

Bill45 said:
I am not a lawyer, but, from what I understand a person who is prohibited from firearm possesion can not be in the same house as a firearm. You are concidered "in possesion" even if you have no knowlege that the gun is there.

If you are aware then you can be charged with in control and possesion. I think this is because the law charges you for what you could or might do not what is actually the fact. The firearm can be in his/her hand or hidden under the couch. Same, same. And it does not matter who the legal owner is.

Maybe someone with better knowlege of how the law is applied can chime in.

They can normally be in the same house, but may not have access to guns. The term you are seeking is constructive possession, I believe.
http://legal-dictionary.thefreedictionary.com/Constructive+Possession

Vitaeus · Sep 3, 2014

Five?? years ago a man living in Kitsap had a burglary, he called the Sherrif? and they came and did an inventory for their report. He had to call his wife for the combo to the gun safe, since they were all hers, he ended up arrested, convicted and won on appeal of "constructive possession". He had a twenty? year old felony, that was misfiled? or in error that did not restore his firearm's rights. Him and the wife moved out of the county after he won his appeal. Boss "Hauge" does not approve of regular folks owning firearms.

Tried to google this older case and hitting dead ends. There is a couple old threads on it around here somewhere....

Grapeshot · Sep 3, 2014

Vitaeus said:
Five?? years ago a man living in Kitsap had a burglary, he called the Sherrif? and they came and did an inventory for their report. He had to call his wife for the combo to the gun safe, since they were all hers, he ended up arrested, convicted and won on appeal of "constructive possession". He had a twenty? year old felony, that was misfiled? or in error that did not restore his firearm's rights. Him and the wife moved out of the county after he won his appeal. Boss "Hauge" does not approve of regular folks owning firearms.

Tried to google this older case and hitting dead ends. There is a couple old threads on it around here somewhere....

Tried "Kitsap constructive possession guns" and found this lead in story:
http://www.kitsapsun.com/news/local-news/code-911/trial-man-accused-unlawfully-possessing-firearm-un
and
http://www.kitsapsun.com/news/local-news/bremerton-man-sticks-to-his-principles-despite

State Supreme Court dismisses Bauer assault charge

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