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cracktheskye
03-15-2010, 12:30 AM
Used search function and didn't see anything about it posted yet... but I have some questions about it, posted at the bottom.


Woodland man arrested on banned weapon charge

WOODLAND, Calif. -- A Northern California man was in custody after police said they found a banned assault weapon in his home.

Guillermo Astran, 28, was taken into custody around 12:30 p.m. Saturday after a relative called police because of concerns about the safety of Astran's mother, according to Woodland police Sgt. Jason Brooks.

Officers had gone to the home Friday night after Astran's mother, Virginia Astran, 48, called police and told them she had been battered by her son, according to Brooks.

Because she left the home as officers questioned her son, police did not take the younger Astran into custody Friday because they were unable to establish a crime had taken place, said Brooks.

But when police returned after being called back to the home Saturday, they conducted a search and found an unregistered Russian-made SKS assault rifle, with a detachable 30-round capacity magazine, according to Brooks.

The weapon was loaded with 28 rounds of ammunition "including one round in the chamber," Brooks said.

The assault weapon was banned under California's Roberti-Roos Assault Weapons Control Act of 1989.

Astran was being held in Yolo County Jail on $25,000 bail on suspicion of possession of a banned assault weapon, resisting law enforcement officers and other charges.

Jail officials did not know if Astran had hired an attorney.

So... I saw the story on the news tonight and-- big surprise-- they did a fantastic job of leaving out most of the details, pointing out that his Russian SKS was an assault weapon. The facts are in the article, but I'm wondering what would make the SKS an assault weapon? Any thoughts?

Hopi
03-15-2010, 12:31 AM
SKS with detachable mags is listed by name.


A better series of questions would be...

1. I wonder if he gave them consent to search.
2. Why the hell did he give them consent to search.
3. If he didn't, why did they search?

Tweak338
03-15-2010, 12:34 AM
It could be a Yugo M59 or M59/66

cracktheskye
03-15-2010, 12:34 AM
Found my answer, of course 30 seconds later, that SKS's with detachable mags are banned. I feel like an a-hole, don't worry. Thought the story was pretty interesting either way, it's not every day you hear about someone getting popped with an SKS configured illegally.

Hopi
03-15-2010, 12:35 AM
It could be a Yugo M59 or M59/66

The article specifically mentions Russian, i know i know....

let's hope that it is indeed a Zastava and we can flex the Harrot muscles there...

Vladimir
03-15-2010, 12:36 AM
"SKS Assault rifle" :party::rofl2:

Hopi
03-15-2010, 12:37 AM
"SKS Assault rifle" :party::rofl2:

FYI, there are many many ways an SKS could be an assault weapon in CA.

Vladimir
03-15-2010, 12:40 AM
yes i know, i just got a kick out of it, i was expecting something worst in the story than a sks.

cracktheskye
03-15-2010, 12:40 AM
SKS with detachable mags is listed by name.


A better series of questions would be...

1. I wonder if he gave them consent to search.
2. Why the hell did he give them consent to search.
3. If he didn't, why did they search?

I was thinking the same thing. I would think that out in Woodlandtucky they would maybe be more inclined to confiscate the rifle as opposed to making it a story that ends up on the news. That's what I have a problem with in this whole thing. The officers show up for what sounds like a fairly routine offense, and what makes the news isn't the story about a man being arrested for allegedly beating his mother, but for the ASSAULT WEAPON found in his house. Hmph.

Hopi
03-15-2010, 12:40 AM
yes i know, i just got a kick out of it, i was expecting something worst in the story than a sks.

But it's Woodland. :)



That's my hometown...

Hopi
03-15-2010, 12:42 AM
I was thinking the same thing. I would think that out in Woodlandtucky they would maybe be more inclined to confiscate the rifle as opposed to making it a story that ends up on the news. That's what I have a problem with in this whole thing. The officers show up for what sounds like a fairly routine offense, and what makes the news isn't the story about a man being arrested for allegedly beating his mother, but for the ASSAULT WEAPON found in his house. Hmph.

People in Rocklin are not allowed to call Woodland Woodlandtucky. They have 2 high schools now. ;)



Woodland is my hometown.

cracktheskye
03-15-2010, 12:56 AM
People in Rocklin are not allowed to call Woodland Woodlandtucky. They have 2 high schools now. ;)



Woodland is my hometown.

LMAO.

JDay
03-15-2010, 7:29 AM
FYI, there are many many ways an SKS could be an assault weapon in CA.

How so? Only putting a detachable magazine on one makes it into an AW in CA. You can stick a pistol grip stock on one and be legal (following 922r). The key is the detachable magazine.

JDay
03-15-2010, 7:31 AM
SKS with detachable mags is listed by name.


A better series of questions would be...

1. I wonder if he gave them consent to search.
2. Why the hell did he give them consent to search.
3. If he didn't, why did they search?

If you don't say "I do not consent to a search" you give them implied consent and they don't even need to ask. This is one reason why you should never let police into your home. If they need to talk to you they can do it through the door or you can step outside (locking the door behind you).

cdtx2001
03-15-2010, 7:48 AM
How so? Only putting a detachable magazine on one makes it into an AW in CA. You can stick a pistol grip stock on one and be legal (following 922r). The key is the detachable magazine.

Don't you know these SKS's are EVIL and "cop killers"!!!!!?????

I think the guy is pretty much SOL on beating an AW charge with the detachable mag thing.

I feel the same way about the consent to search issue, why why why???

Paragun
03-15-2010, 8:38 AM
From what I understand the son was arrested for beating his mom.

But it is more interesting that once again the police are not there to protect you like so many out in the real world may think.

"Because she left the home as officers questioned her son, police did not take the younger Astran into custody Friday because they were unable to establish a crime had taken place, said Brooks."

Dirtbiker
03-15-2010, 9:30 AM
That guy is screwed two ways.

1. Detachable mag in a SKS = AW

2. 30 round mag in a SKS if the mag is fixed = AW

He's in hot water either way.

bigcalidave
03-15-2010, 9:36 AM
Yeah, no good place to be with an sks and 30rds... sorry, tough luck. It may be difficult, but to own a gun in CA you need to know the laws.

jdberger
03-15-2010, 9:40 AM
I thought it was a decent article. The author either knows his CA laws, or was astute enough to talk to someone who does....

Ca Patriot
03-15-2010, 9:56 AM
I could be wrong, BUT...the found weapon may or may not be admissable as evidence in court.
Even if the suspect consented to a search of the property, the court will ask the police to show that the search was relevant to the actual crime being investigated.
For instance....police respond to the home on reports of the son assaulted his mother. When police arrive they ask the mother and son for consent to search the home. They are granted consent. The police then move room to room visually inspecting the home. At some point an officer spots a computer. He checks the computers files and finds child porn.
I believe that evidence would be thrown out because the police would only have powers to search for evidence relating to the reported crime.

I would challenge where the rifle was found and how it was found. Did the officers have to pull up a mattres ?

I think we all agree he probably wont be charged with the 30 rd magazine once he is given counsel and they realize it would be extremly difficult to prove him criminaly liable for it.

dantodd
03-15-2010, 10:03 AM
He was abusing his mother. This is not a good case for anything but putting a scumbag away. If he is not guilty of beating his mommy then you can talk about just how stupid it is to own an SKS and not know the law. With regard to the search, dollars to donuts it was his mom's house and he's just living there. Mom can consent to the search.

Ca Patriot
03-15-2010, 10:06 AM
He was abusing his mother. This is not a good case for anything but putting a scumbag away. If he is not guilty of beating his mommy then you can talk about just how stupid it is to own an SKS and not know the law. With regard to the search, dollars to donuts it was his mom's house and he's just living there. Mom can consent to the search.

Mom cant consent to a search of his room or area in which he occupies the house.

Theseus
03-15-2010, 10:25 AM
Mom cant consent to a search of his room or area in which he occupies the house.

This is my understanding.

If there is an expectation of privacy and it is not a shared space no one else can give permission to search.

redneckshootist
03-15-2010, 10:47 AM
I would have reason to believe that the woodland pd did search without consent as they do have a record of doing just that......

also I am a resident of woodland so stop bashing my town :D;)

dantodd
03-15-2010, 11:14 AM
Mom cant consent to a search of his room or area in which he occupies the house.

And since we don't know what area of the house the gun was found in further speculation is pointless. Bad guys do bad things with guns. It is no more productive for us to try and lessen the bad things one can do with a gun simply because it is a gun involved than it is for the antis to try and demonize guns every time one is used in a crime.

Sometimes a cigar is just a cigar.

wildhawker
03-15-2010, 12:29 PM
Sometimes a cigar is just a cigar.

Monica sez: "I agree!"

http://www.lawrenceconnor.com/monica_lewinsky.jpg

Aleksandr Mravinsky
03-15-2010, 3:58 PM
FYI, there are many many ways an SKS could be an assault weapon in CA.

And about zero ways it could be an assault rifle anywhere.

Story seems kind of fishy, overall. Would like to see some more information.

slowjonn
03-15-2010, 9:03 PM
People in Rocklin are not allowed to call Woodland Woodlandtucky. They have 2 high schools now. ;)



Woodland is my hometown.

Yeah but all the cool kids go to WHS!!! Go Wolves (class of 87):)

Meplat
03-15-2010, 9:11 PM
"SKS Assault rifle" :party::rofl2:

You mean like the ones I gave my 10 and 12 year old grand daughters for Christmas this year?;)

dantodd
03-15-2010, 9:12 PM
Monica sez: "I agree!"


it's a good thing they cropped that picture well above the waist.

Cokebottle
03-15-2010, 9:16 PM
People in Rocklin are not allowed to call Woodland Woodlandtucky. They have 2 high schools now. ;)
But do they have a dentist yet? :p

Meplat
03-15-2010, 9:28 PM
Better to talk through an intercom or a grate in the door. You have more rights inside your own home.




If you don't say "I do not consent to a search" you give them implied consent and they don't even need to ask. This is one reason why you should never let police into your home. If they need to talk to you they can do it through the door or you can step outside (locking the door behind you).

Hopi
03-15-2010, 9:29 PM
Yeah but all the cool kids go to WHS!!! Go Wolves (class of 87):)

HA!

Yes, Go Wolves!!! (class of 96)

AJAX22
03-15-2010, 9:34 PM
with a good enough lawyer he might get off...

the argument that SKS with detachable magazine does not specify make/model and harrot could be applied.

not to mention that its a 'features' ban on a 'by name' list.... which doesn't specify the manufacturer.... and could be argued is a 'series' ban.

Ding126
03-15-2010, 9:43 PM
I say +1 they got some creap who assaulted his mother and a loaded rifle off the street.

Meplat
03-15-2010, 9:51 PM
I wish you would quit posting Porn on the list. That big pie hole gives me a woody!



Monica sez: "I agree!"

http://www.lawrenceconnor.com/monica_lewinsky.jpg

leelaw
03-15-2010, 9:58 PM
If you don't say "I do not consent to a search" you give them implied consent and they don't even need to ask.

Bee

Ess

AJAX22
03-15-2010, 9:59 PM
I say +1 they got some creap who assaulted his mother and a loaded rifle off the street.

They didn't get it off the street... they got it out of a closet...

he didn't assault his mom with the gun... so that should NOT be the issue.

punish actions, not possession of inanimate objects.

SVT-40
03-15-2010, 10:22 PM
"But when police returned after being called back to the home Saturday, they conducted a search and found an unregistered Russian-made SKS assault rifle, with a detachable 30-round capacity magazine,"

Mom called the cops back. She probably told them about her sons "assault" rifle he keeps in (insert location).

Just for clarity in some domestic violence situations officers are allowed to at least check for weapons. Especially if one party tells the officers about them.

No one can really surmise exactly how the cops found the rifle, but I would bet it was something like that.

Any 28 Y/O man who lives with Mommy and beats her deserves to be in jail.

dantodd
03-15-2010, 10:37 PM
"But when police returned after being called back to the home Saturday, they conducted a search and found an unregistered Russian-made SKS assault rifle, with a detachable 30-round capacity magazine,"

Mom called the cops back. She probably told them about her sons "assault" rifle he keeps in (insert location).

Just for clarity in some domestic violence situations officers are allowed to at least check for weapons. Especially if one party tells the officers about them.

No one can really surmise exactly how the cops found the rifle, but I would bet it was something like that.

Any 28 Y/O man who lives with Mommy and beats her deserves to be in jail.

^^^^^^^^ Yup!

redneckshootist
03-15-2010, 11:02 PM
http://www.dailydemocrat.com/news/ci_14677716
heres a little more detailed article about what happened so I will say the woodland pd actually did something right this time. They locked up a scumbag.