State v. Carter

¶1 — The State appeals the trial court’s dismissal of a machine gun possession charge against Marcus Alton Carter. It argues that the trial court erred when it (1) ruled that the RCW 9.41.190(2)(b) exemption to the possession of an unlawful weapons statute, RCW 9.41.190(1), is an element of the offense the State had the burden of disproving; (2) ruled that RCW 9.41.190(2)(b) allows gunsmiths who are licensed under 18 U.S.C. § 923 and who have repaired machine guns for the military and local law enforcement agencies to possess personal machine guns without first showing that such possession is…