Washington Garfield WA man gets 2 years in jail for homemade cannon

[Alexx1401]

Again I am FAR from sympathetic to the Feds but, when gun owners tell everyone who will listen to them that the Feds are circling like buzzards just waiting to grab up some poor, law abiding gun owner just because they can it just makes us look like Kooks to many others. Many who do not own guns are not "anti gun". Hearing gun owners act like the NSA is after them does not help win them over. Since we really have zero knowledge of what got this guy in trouble we do not have any way of knowing. I have seen people go off the deep end and push stuff till they get in trouble before. Messing with NFA stuff is one way to really get on the radar. So was this poor guy some law abiding guy who the Feds just decided to stomp on? Maybe but I VERY much doubt it. For them to go after him this hard I would be willing to bet he was doing something to get their attention.

 

[bigguynail]

It was a modern breach loader using a blank 12 gauge shell

 

[Alexx1401]

It was a modern breach loader using a blank 12 gauge shell

Does someone make some kind of "kit" to do this or something? If not that would be some impressive "garage Gun Smithing" to do

 

[Barefootdog]

Government writes enough laws.
Everyone becomes a criminal.

So a "Safety Check" becomes a fishing expedition and the guy is sentenced to 2 years in federal prison.

 

[Alexx1401]

Government writes enough laws.
Everyone becomes a criminal.

So a "Safety Check" becomes a fishing expedition and the guy is sentenced to 2 years in federal prison.

So you mean you know this guy well enough to have seen what was going on?

 

[Barefootdog]

Read it again...
Safety check ..... origination where? and by whom?
Turns into a search of the home.
Resulting in charges.
Resulting in 2 years in prison.

The article states the pretext for entering the home was a safety check.
I was suggesting turning that into a search beyond the parameters of the warrant may be an over reach.

 

[Alexx1401]

Read it again...
Safety check ..... origination where? and by whom?
Turns into a search of the home.
Resulting in charges.
Resulting in 2 years in prison.

The article states the pretext for entering the home was a safety check.
I would think turning that into a search beyond the parameters of the warrant may be an over reach.

Sigh, so you, like me, really know zero about what lead up to all this. Again when gun owners tell anyone who will listen to them that we all need foil hats we are not helping persuade people who do not own guns and are not yet anti gun. If they read enough gun owners with severe paranoia though they may decide we need more gun laws.

 

[Barefootdog]

Read the article...."Investigators went to Kimberling's home to conduct a welfare check and found the cannon".

Just asking 1) where did the request for a welfare check originate and why? and 2) Is it permissible to turn such a limited authorization for access into an open ended search for chargeable offenses?

Both are legitimate questions.
If you some have legal expertise I would like to hear it.

 

[Dungannon]

synopsis...

Kent Kimberling of Garfield has been in custody of the Spokane County Jail since January 2020. ATF investigators discovered the unregistered destructive device in the home he shares with his mother in August 2019. Kimberling pleaded guilty in March to possession of an unregistered destructive device and was sentenced in a closed courtroom Tuesday at the request of his attorney. Kimberling thought the device was legal and said the police and police chief were out to get him and that the Town of Garfield is corrupt.

Why he wasn't granted temporary release...

Kimberling denied 10-day jail furlough

A motion for a 10-day furlough from jail by Kent W. Kimberling, who was jailed Aug. 6 after deputies received reports of threats he had made against others and later allegedly confiscated loaded guns and a cannon at a residence where he was residing in Garfield, was denied Friday morning in...

www.wcgazette.com

 

[Alexx1401]

synopsis...

Kent Kimberling of Garfield has been in custody of the Spokane County Jail since January 2020. ATF investigators discovered the unregistered destructive device in the home he shares with his mother in August 2019. Kimberling pleaded guilty in March to possession of an unregistered destructive device and was sentenced in a closed courtroom Tuesday at the request of his attorney. Kimberling thought the device was legal and said the police and police chief were out to get him and that the Town of Garfield is corrupt.

Why he wasn't granted temporary release...

Kimberling denied 10-day jail furlough

A motion for a 10-day furlough from jail by Kent W. Kimberling, who was jailed Aug. 6 after deputies received reports of threats he had made against others and later allegedly confiscated loaded guns and a cannon at a residence where he was residing in Garfield, was denied Friday morning in...

www.wcgazette.com

After his arrest, Kimberling was denied consideration of pre-trial release until he underwent a mental health evaluation which was to be presented to the court.

This line here probably says a LOT about what was going there.

 

[msgriff]

Read the article...."Investigators went to Kimberling's home to conduct a welfare check and found the cannon".

Just asking 1) where did the request for a welfare check originate and why? and 2) Is it permissible to turn such a limited authorization for access into an open ended search for chargeable offenses?

Both are legitimate questions.
If you some have legal expertise I would like to hear it.

I don't know all the details of this case, and this is only my opinion. A recent USSC ruling, Caniglia v. Strom (05/17/2021), addressed the issue of search and seizure while performing a "welfare check" Caniglia v. Strom (05/17/2021). That case was firearm related, and said search and seizure was ruled unconstitutional. He would have grounds for appeal, but the guilty plea would make it difficult.

 

[bbbass]

I've seen kids make tennis ball launchers out of canned food fans and launch tennis balls with rubbing alcohol. Is that a felony??

When I was a kid, we used to bury a 1.5" galv pipe in the ground, throw a lit firecracker down the bore, and stuff a green peach on the end... pointed at the bums on the adjacent rail cars. Couldn't really reach them until we started using cherry bombs tho.... fun stuff!! Felons for sure.

 

[bbbass]

I don't know all the details of this case, and this is only my opinion. A recent USSC ruling, Caniglia v. Strom (05/17/2021), addressed the issue of search and seizure while performing a "welfare check" Caniglia v. Strom (05/17/2021). That case was firearm related, and said search and seizure was ruled unconstitutional. He would have grounds for appeal, but the guilty plea would make it difficult.

Well, isn't there an "in plain sight" rule? I mean, a cannon in the LVroom of a guy making threats... one would think MIGHT be cause for concern. Sounds like the guy is a mental case in the minds of neighbors, loved ones, justice dept, court, etc, reading between the lines.

 

[308]

When poop hits the fan it is not marauders one need worry about, but rather the 'rule followers'. Just those revealing themselves here.

 

[Barefootdog]

It does sound like the guy could be a loose cannon.......



Sorry, no self control.
Had to say it.
Couldn't help myself.

 

[CLT65]

Again I am FAR from sympathetic to the Feds but, when gun owners tell everyone who will listen to them that the Feds are circling like buzzards just waiting to grab up some poor, law abiding gun owner just because they can it just makes us look like Kooks to many others. Many who do not own guns are not "anti gun". Hearing gun owners act like the NSA is after them does not help win them over. Since we really have zero knowledge of what got this guy in trouble we do not have any way of knowing. I have seen people go off the deep end and push stuff till they get in trouble before. Messing with NFA stuff is one way to really get on the radar. So was this poor guy some law abiding guy who the Feds just decided to stomp on? Maybe but I VERY much doubt it. For them to go after him this hard I would be willing to bet he was doing something to get their attention.

I have zero knowledge of this particular incident, other than what's posted here, but clearly there is a lot more to the story (as usual).

I remember a somewhat similar (but completely unrelated) case a few years back, of a young guy who was being "railroaded by the feds". It was posted about on a forum (maybe this one, don't remember). The post was an email alert from a regional gun rights group of some type, and was all about how an innocent young man was sentenced to prison time on ridiculous trumped-up gun charges.

The problem with that particular case was that I knew the guy. I didn't know him well, had only met him a couple times, but I had friends who knew him real well, and they all said he was a full-blown nut case. The stuff he had been doing with buying and selling guns was just begging to get him on the fed's radar, and to be honest, he deserved what he got. This was coming from my friends who are hunters, gun owners, and huge 2A supporters. That's not to say that the feds are always in the right, but in that particular case, they were.

 

[crstrode]

Welcome to my ignore list. Unbelievable. U really should consider moving to California.

Walking Tall is from Portland - same thing.

 

[msgriff]

Well, isn't there an "in plain sight" rule? I mean, a cannon in the LVroom of a guy making threats... one would think MIGHT be cause for concern. Sounds like the guy is a mental case in the minds of neighbors, loved ones, justice dept, court, etc, reading between the lines.

I believe the ruling I quoted would dictate LE obtain a search warrant, swearing that the item in question was illegal from their brief, cursory look, while in pain view where the subject was located. Unless, of course, the cannon was clearly loaded, with a fuse, pointed at the officers with the subject holding a lighter. The ruling I quoted is a clear win for those who believe in the Constitution and the Bill of Rights. Fishing trips under the guise of a "welfare check" have been notoriously abused.

 

[bbbass]

I believe the ruling I quoted would dictate LE obtain a search warrant, swearing that the item in question was illegal from their brief, cursory look, while in pain view where the subject was located. Unless, of course, the cannon was clearly loaded, with a fuse, pointed at the officers with the subject holding a lighter. The ruling I quoted is a clear win for those who believe in the Constitution and the Bill of Rights. Fishing trips under the guise of a "welfare check" have been notoriously abused.

So, you are saying it doesn't work like when a car is stopped due to a visible violation, and a bag of weed is visible on the dashboard... that is a case where a search warrant is not needed.

 

[billdeserthills]

I believe the ruling I quoted would dictate LE obtain a search warrant, swearing that the item in question was illegal from their brief, cursory look, while in pain view where the subject was located. Unless, of course, the cannon was clearly loaded, with a fuse, pointed at the officers with the subject holding a lighter. The ruling I quoted is a clear win for those who believe in the Constitution and the Bill of Rights. Fishing trips under the guise of a "welfare check" have been notoriously abused.

What you say is probably true but we don't know what charge(s) were dropped for his guilty plea to this 2 years in jail.

Won't he be out in less than a year anyhow? Maybe it's a nice club fed minimum security place