"Eckenrode argues that there was no direct evidence that any weapons were, in fact, there to protect any illicit business, as opposed to merely expressions of Eckenrode's quiet enjoyment of his article I, section 24 right to bear arms." State v. Eckenrode, 2007 WL 177917 para. 17 (Wash. Sup. Ct. Jan. 25). The Washington Supreme Court finds that the circumstantial evidence was enough to rebut the quiet enjoyment theory.
(The reason for the inquiry is indeed the right to bear arms: "In the 'Hard Time for Armed Crime Act' of 1995, the people of the State of Washington recognized that '[a]rmed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.' Accordingly, under I-159, defendants who commit armed crimes generally receive enhanced sentences. Our constitution also guarantees the right to bear arms. [Wash.] Const. art. I, § 24. Over the years we have tried to harmonize both legal commands to ensure that people are not punished merely for exercising this constitutional right. To this end, to establish that a defendant was armed for purposes of the sentencing enhancement, the State must prove that a weapon was easily accessible and readily available for use and that there was a nexus or connection between the defendant, the crime, and the weapon.")