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Thread: lawsuit re knives being protected or not

  1. #1
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    lawsuit re knives being protected or not

    The recent Wash state Supreme court decision in Seattle v Evans said that they would not reverse his conviction, based basically on his knife being a kitchen knife rather than a knife which is designed as a weapon, such as a dirk knife.

    The local Seattle media did not publish where a person could read the decision online, but it was published over at opencarry.org in the Washington state section. After reading the decision of the state Supreme court, it appears to me very much that it implies strongly that one or more parts of SMC 12A.14.080 and 083 are not constitutional.

    I filed the complaint this morning, initiating a lawsuit to have overturned parts of SMC 12A.14, with the Superior court of Washington in and for King county. The case number is 16-2-01481-0SEA.

    Since it was just filed this morning and since it was turned in in person by hand, the court clerk may take a few days to put it up visible on the website so that outsiders can begin to view it.

    The part re the knives and bayonets should be easy. There are shooting stars, airsoft and nunchuks and not sure how easy those parts will be . . . May have to sue them later in federal court when I have time and energy and the wish . . .

    z

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    King County District Court
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    Welcome to District Court OnLine Records

    King County District Court cases filed after January 1, 2005 are available in digital format on this site for a fee of 25 cents per page or they can be viewed at no cost at any one of our district court locations. Document processing times vary; therefore, please check back later if you do not see the document you are looking for. To view records online using this site, you will need to establish a user account with a valid e-mail address and you will need to use a credit card for payment. To create a new account click "Create New User" in the logon box. If you have an account, please enter your e-mail address and password to begin.

    https://districtcourtsearch.kingcoun...aseSearch.aspx
    ^^^^^^^^^^^^^

    This right that its like pacer? really, this sucks...can you attach the complaint filed in pdf or zip file?

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    Quote Originally Posted by davidmcbeth View Post
    King County District Court
    https://districtcourtsearch.kingcoun...aseSearch.aspx
    ^^^^^^^^^^^^^

    This right that its like pacer? really, this sucks...can you attach the complaint filed in pdf or zip file?
    In the first place, "district court" and "Superior court" are two different entities. You could search all you want under district court and nothing come up. I forget what the difference is between these two kinds of courts. Superior court is a more all-purpose court, if I recall correctly, and to sue in a state court to have something found not constitutional, this is the place to begin . . .

    You can do a name search with my name which is David Zaitzeff for Superior court king county, but as of this morning, the lawsuit re knives was not showing up. Not sure how long it will take them to put it up. I filed on Wednesday and that is only 2 days away . . .

    If you do currently search for my name, there is a 2003 charge for "indecent exposure" which was, actually, in fact, sunbathing nude . . . and there is a 2014 case against the state, city and Jess Helmstad on the subject of the indecent exposure law being unconstitutionally vague as applied to my conduct of walking at Greenlake in undies . . . and there is a 2015 case which is not yet resolved against the Seattle anti-voyeurism law, arguing that the law is not constitutional.

    You can read "most" of the complaint at this site and page .. . There are a few details that I have added at the ending and this page does not include my address and some other similar information . . .

    http://greenlakewalking.net/complaint-re-smc-12a-14/

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    That's why I posted .... have linky for online access to filings ? Thanks. Some states call their lower courts "districts", some call them "superior courts" etc...

    Thanks for the link to the complaint...advice: before using abbev. define the abbev.

    Also, our constitution is a law that was passed basically....while the 2nd amend tries to highlight that our RKBA cannot be infringed, its our natural right that is the right. No mention of this in the complaint.
    Last edited by davidmcbeth; 01-23-2016 at 01:09 AM.

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    Quote Originally Posted by davidmcbeth View Post
    That's why I posted .... have linky for online access to filings ? Thanks. Some states call their lower courts "districts", some call them "superior courts" etc...

    Thanks for the link to the complaint...advice: before using abbev. define the abbev.

    Also, our constitution is a law that was passed basically....while the 2nd amend tries to highlight that our RKBA cannot be infringed, its our natural right that is the right. No mention of this in the complaint.
    All lawyers "know" and every court will agree that the US constitution is the Supreme law of the land. It does not matter what other adjectives you give to the rkba . . . the fact that it is in US const Am2 and wash state constitution whereever means that the right trumps all legislation . . . though courts allow for the right to be regulated in what are considered, by the courts, reasonable ways. (I am not saying that those courts are right or wrong in any particular case of regulations being permitted . . .)

    Here in the place to search in Superior courts for cases in which you know the name of a person who is a party . . .
    http://dw.courts.wa.gov/?fa=home.nam...h&terms=accept

    or type in washington state courts name search and it works for most of the counties. You select the county you desire and then you put in the name of the guy or gal.

    and, as I have observed before, charge for "indecent exposure" was for sunbathing nude . . . which is, for at least most people, somewhat different than a guy exposing or a guy acting worse on the sidewalk of the schoolyard . . . which also happens a few times a year in Seattle it seems . . . but that is not me.

    Anyway, to read the complaint or even to see it, I think we will have to wait till sometime next week.

  6. #6
    Regular Member Freedom1Man's Avatar
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    Zaitz,

    Where you walking around in your undies to make a point about the law?

    Next time you get charged with indecent exposure, point out the Miller case, (cannot tax a right) and the fact that this state charges a tax on the use of clothing (mistated as a sales tax the law calls it a use tax). I would gladly pitch in some of my time in legal research using an argument like that of which I have presented.

    Oh and watch out for getting sunburn on your 'gun.'

    Sent from my SM-G386T using Tapatalk
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by zaitz View Post
    All lawyers "know" and every court will agree that the US constitution is the Supreme law of the land. It does not matter what other adjectives you give to the rkba . . . the fact that it is in US const Am2 and wash state constitution whereever means that the right trumps all legislation . . . though courts allow for the right to be regulated in what are considered, by the courts, reasonable ways. (I am not saying that those courts are right or wrong in any particular case of regulations being permitted . . .)

    US constitution is only a supreme law of the land on the enumerated powers.

    The state constitution is what is supposed to protect your rights.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    I've walked in my undies at Greenlake and/or downtown from 2012 to the present but a lot in 14 and even more in 15 . . . I do it for the fun of it and there are people who appreciate seeing me and teasing me or greeting me!

    And, the walking in undies is a separate thing that weapons being permitted or not, although, because I have been threatened repeatedly and assaulted a few times, that has caused me to learn about open carry and related things, such as knives.

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    Quote Originally Posted by Freedom1Man View Post
    Zaitz,

    Where you walking around in your undies to make a point about the law?

    Next time you get charged with indecent exposure, point out the Miller case, (cannot tax a right) and the fact that this state charges a tax on the use of clothing (mistated as a sales tax the law calls it a use tax). I would gladly pitch in some of my time in legal research using an argument like that of which I have presented.

    Oh and watch out for getting sunburn on your 'gun.'

    Sent from my SM-G386T using Tapatalk
    what is this Miller case?

    thanks!

  10. #10
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by zaitz View Post
    what is this Miller case?

    thanks!
    https://www.law.cornell.edu/supremecourt/text/307/174

    http://jpfo.org/filegen-a-m/miller.htm
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    lawsuit shows up now . . .

    If it is of interest . . .

    the complaint on the constitutional status of knives shows up now in a records search in Washington state courts.
    The complaint was filed Jan 20 and the clerk at times takes more than a day to put an item into their system.

    I don't know when the filing appeared.

    Some of you who have an account with the court can search and view the documents . . . A shorter version of the complaint is at my blog . . .

    Personally, I assume that for everybody other than people who enjoy reading constitutional law arguments, it would be boring . . .

    the question really is can a person carry weapons less dangerous than a handgun and more dangerous than pepper spray . . .

    The question became strongly alive after the Wash state SC said that it agreed with the Conn state Supreme court that dirk knives are constitutionally protected in the DeCiccio decision. In Connecticut, a former military guy was transporting some of his belongings while moving and was in a car accident. Among his belongings as a momento was a knife from his military service. He was charged and convicted in Conn under their anti-knife law and then the Conn State Supreme court reversed the conviction on the grounds that such a knife as he was carrying was obviously constitutionally protected.

    As I wrote previously, the complaint is #16-2-01481-0SEA.

    I assume that the topic is of practical interest to 1 in 5000 people and perhaps fewer . . .

    Why would a person carry? Some persons don't wish the responsibility of carrying a handgun and some people don't wish to create a larger concern than necessary in the minds of persons nearby.

  12. #12
    Regular Member Freedom1Man's Avatar
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    A knife is quiet. A knife does not through a projectile.

    Sent from my SM-G386T using Tapatalk
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Quote Originally Posted by Freedom1Man View Post
    A knife is quiet. A knife does not through a projectile.

    Sent from my SM-G386T using Tapatalk
    Well, yes. Theknifeis. The person getting carved or stabbed, not so much.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    How the antis sees knife carriers:


  15. #15
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Citizen View Post
    Well, yes. Theknifeis. The person getting carved or stabbed, not so much.
    Depends on where and how you insert the knife.

    Sent from my SM-G386T using Tapatalk
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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