# State v. Schelin

> Washington Supreme Court · October 17, 2002 · 147 Wash. 2d 562

URL: https://www.frixlaw.com/law-library/cases/4712344

## Case

- **Full name:** The State of Washington v. Mark Logan Schelin
- **Court:** Washington Supreme Court
- **Decided:** October 17, 2002
- **Citations:** 147 Wash. 2d 562
- **Precedential status:** Published
- **Opinion:** Concurring in part by Chambers
- **Judges:** Alexander, Chambers, Ireland, Johnson, Sanders
- **Cited by:** 70 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4712344

## How later opinions describe it (automated extraction)

- noting the deadly weapon statute is directed at more than the protection of the police, the legislature also intended to deter armed crime and to protect victims from armed crime
- rejecting the argument that the State must prove that the defendant was armed at the time of arrest

## Opinion text

Chambers, J.
(concurring in dissent) — I concur with Justice Sanders that article I, section 24 of the Washington *602 Constitution guarantees the right to keep and bear arms. Simple constructive possession of a weapon on the premises sometime during the entire period of illegal activity is not enough to establish a nexus between the crime and the weapon. Without that nexus, we run the risk of convicting a defendant under the deadly weapon enhancement for having a weapon unrelated to the crime. See Judge Agid’s excellent analysis in State v. Johnson, 94 Wn. App. 882, 892-97 , 974 P.2d 855 (1999).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4712344. Public record. Not legal advice.