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View Full Version : Illegal high-cap. magazine arrest in Red Bluff


Wildhawk66
04-23-2010, 12:14 PM
Guy appears to be a real dirtbag, but I would love to know more about the "illegal high-capacity" magazine he was busted with. If for nothing else, this may be worth watching to see how they approach proving the mag is infact illegal.


Man with look-alike CHP car arrested in Red Bluff
By Geoff Johnson


Red Bluff Daily News

Posted: 04/23/2010 12:10:48 PM PDT
Updated: 04/23/2010 12:10:49 PM PDT


Sheriff's deputies say an unemployed biologist from Washington may have been pretending to be a California Highway Patrol officer before he was arrested on weapons charges Wednesday morning.

Timothy Patrick Portillo, 52, of Poulsboro, Wash., was staying at the Travel Lodge Inn in Red Bluff when police spotted Portillo's Ford Crown Victoria, painted to look like a CHP car complete with a light bar and police stickers.

Portillo has been in Tehama County for months and was regularly changing his location, Sheriff Clay Parker said.

Portillo was contacted by law enforcement at least once before, at which time Portillo said he was guarding a house, Parker said.

On Wednesday, deputies found an illegal billy club in Portillo's car. Portillo then consented to a search of his motel room, where deputies found an illegal high-capacity magazine for a pistol Parker said.

Deputies also found a dog in Portillo's car.

Bail was set at $20,000, and Portillo had made bail Wednesday, a jail representative said.

His car was reclaimed Thursday afternoon from Gary's Auto Body.

Anyone approached by Portillo who mistook him for an officer is asked to call the sheriff's department at 530-529-7900

REH
04-23-2010, 12:17 PM
There has to be way more to it than just a illegal mag and billy club, for a $20,000.00 bail.

BKinzey
04-23-2010, 12:18 PM
I think they'll take that he is from out of state and imported a hi cap into the state route.;)

Untamed1972
04-23-2010, 12:18 PM
Well since he wasn't a CA resident......they might likely be playing the "importation" angle on the hi-cap. Just a guess though.

metalhead357
04-23-2010, 12:18 PM
lovely.........now we got to worry about out of staters making case law for us? this story is nutts. Red bluff's a pretty small area: wonder how he was able to pull this off for as long as he did................

odysseus
04-23-2010, 12:19 PM
Yeah the article does not make it clear why it would be "illegal" in this case, and this could just be typical news reporter FUD and ignorance.

Untamed1972
04-23-2010, 12:19 PM
There has to be way more to it than just a illegal mag and billy club, for a $20,000.00 bail.


I'm guessing the "impersonating and officer" thing could be playing into that bail about.

But the billy club and importation of a hi-cap are both felonies too.

CnCFunFactory
04-23-2010, 12:21 PM
I think they'll take that he is from out of state and imported a hi cap into the state route.;)

That'd be logical if he came from out of state etc.

Wildhawk66
04-23-2010, 12:23 PM
I think they'll take that he is from out of state and imported a hi cap into the state route.

Probably right on the face of it, especially if he makes any incriminating statements. However, if he was ever a resident of CA before the ban, he could legally bring his high caps back with him.

There may not be anymore to this, but it's my understanding that high cap arrests aren't that common so I would think it would be worth while to keep an eye on those that pop up.

Wildhawk66
04-23-2010, 12:24 PM
[QUOTE=metalhead357;4174112]lovely.........now we got to worry about out of staters making case law for us? QUOTE]

Thats more what I was concerned with in posting this.

Untamed1972
04-23-2010, 12:28 PM
Probably right on the face of it, especially if he makes any incriminating statements. However, if he was ever a resident of CA before the ban, he could legally bring his high caps back with him.

There may not be anymore to this, but it's my understanding that high cap arrests aren't that common so I would think it would be worth while to keep an eye on those that pop up.


Sometimes they just like to stack alotta charges on a guy with the intention of getting him to plead to something lesser to avoid trial, so some of the obscure charges end up getting dropped by the time he pleads out.

metalhead357
04-23-2010, 12:39 PM
Sometimes they just like to stack alotta charges on a guy with the intention of getting him to plead to something lesser to avoid trial, so some of the obscure charges end up getting dropped by the time he pleads out.


true but then why not truly throw the book at him? Chances are he's got near bald tires on his car....he did have a light bar on the car which is a no-no, could probably get him on some animal cruality charges to somewhere in there if they pressed hard enuff...............

There's more we're not hearing yet. Just scares me to think we've got more than just our own CA nuttcases running about.........

bakokid
04-23-2010, 1:11 PM
from my understanding the DA has to prove that the mag was aquired after the ban on hi caps

metalhead357
04-23-2010, 1:17 PM
from my understanding the DA has to prove that the mag was aquired after the ban on hi caps

or as someone stated he actually brought it into state & not left it beforehe moved outta state or some other confangled notion...... this is/could be a hard charge to prove in some cases

BigDogatPlay
04-23-2010, 1:22 PM
from my understanding the DA has to prove that the mag was aquired after the ban on hi caps

If the guy just came into the state recently and brought it with him, which ought to be fairly simple to prove, then it's importation.

Particularly if he was stupid enough to not invoke and gave himself up............

The Director
04-23-2010, 1:24 PM
Almost certainly an enhancement for all the other crimes he's committed.

Untamed1972
04-23-2010, 1:40 PM
true but then why not truly throw the book at him? Chances are he's got near bald tires on his car....he did have a light bar on the car which is a no-no, could probably get him on some animal cruality charges to somewhere in there if they pressed hard enuff...............

There's more we're not hearing yet. Just scares me to think we've got more than just our own CA nuttcases running about.........


Who's to say that some of that stuff isn't being included too.....the reporter just didn't cover it.

Cokebottle
04-23-2010, 1:54 PM
from my understanding the DA has to prove that the mag was acquired manufactured or imported after the ban on hi caps within the last 36 months
Fixed it for you.
Possession is not illegal.
Acquisition is not specified as being illegal by statute, however, giving, lending, and selling is illegal so there could be a conspiracy charge... but I would assume only if they are also charging the seller.

Also, the law has a 36 month statute of limitations, so even though the ban went into effect in 2000, April 23 2007 is currently the magic date.

Josh3239
04-23-2010, 2:51 PM
from my understanding the DA has to prove that the mag was aquired after the ban on hi caps

... beyond a reasonable doubt. He doesn't have to have the proof in his hands. He just has to elimenate reasonable doubt. If the guy is from Washington, never been to California but just shows up here with a high cap mag there is very little doubt that it wasn't imported here illegally.

CEDaytonaRydr
04-23-2010, 2:54 PM
They'll probably drop that charge, unless they can prove that he imported it. They've already got him on enough crimes already.

SteveH
04-23-2010, 3:31 PM
I think they'll take that he is from out of state and imported a hi cap into the state route.;)

Likely.

SteveH
04-23-2010, 3:34 PM
If the guy just came into the state recently and brought it with him, which ought to be fairly simple to prove, then it's importation.

Particularly if he was stupid enough to not invoke and gave himself up............

Add to that it may be a highcap that never legally existed in Cali prior to the ban. Like a SW M&P mag. or it may have a date stamp showing it was manufactured after the ban. Or he may have had a recipt for it showing a Washington shipping address. Or they may have already pulled his credit card records.

JDay
04-23-2010, 3:44 PM
There's no such thing as an illegal magazine, only the acts of manufacturing, importing, giving and selling them are illegal.

JDay
04-23-2010, 3:46 PM
or as someone stated he actually brought it into state & not left it beforehe moved outta state or some other confangled notion...... this is/could be a hard charge to prove in some cases

There is no requirement that you were ever a California resident, only that you possessed the magazine in the state at some point before the ban.

bigcalidave
04-23-2010, 4:25 PM
The date stamp also means nothing. I really hope his lawyer can at least get anything mag related to go away. I don't care if the guy is a scumbag or just completely misunderstood, we don't want any mag convictions.

actually, there isn't ANY indication that he is a dirtbag OP, so I don't know where that comment came from.

To be fair, they arrested him because he was driving a car that looked like a cop car (he claims to be a security guard, we have no idea if he had amber lights in the light bar), and volunteered for a search (stooooopid). There is no indication that he was in the process of committing any crime. Maybe we will end up with good case law about his "billy" ?? Maybe he had an asp and a good lawyer defends it properly as we were discussing last week. The magazine charge is junk if he has EVER been in CA before the ban, he could say it was with him then.

Funny how there is no mention of a gun....

pullnshoot25
04-23-2010, 4:38 PM
Dumb enough to submit to a search, probably dumb enough to talk.

raycm2
04-23-2010, 4:41 PM
:confused: I was under the impression that an out-of-state resident could bring in anything he/she wants (evil AW, high-cap mag, unlisted pistol, etc.) as long as they transport it in accordance with CA law and take it with them when leaving.

bigcalidave
04-23-2010, 4:42 PM
:confused: I was under the impression that an out-of-state resident could bring in anything he/she wants (evil AW, high-cap mag, unlisted pistol, etc.) as long as they transport it in accordance with CA law and take it with them when leaving.

Nooooooooooooooooooooooooooooooooooooooooooope

OleCuss
04-23-2010, 4:52 PM
Well, I think that you can technically bring evil things into the state and do it legally. But the restrictions are pretty severe and are highly unlikely to apply to this guy. IIRC, it is for things like shooting competitions and the like and you have to go through the DOJ to get what are effectively permits - and I'm not at all sure they actually grant the permits.

I could be wrong. . .

raycm2
04-23-2010, 4:52 PM
Nooooooooooooooooooooooooooooooooooooooooooope
So that means that an Arizona resident moving to Washington with a PacWest AR locked in his trunk can't legally drive through CA? That's nuts.

BigDogatPlay
04-23-2010, 4:53 PM
:confused: I was under the impression that an out-of-state resident could bring in anything he/she wants (evil AW, high-cap mag, unlisted pistol, etc.) as long as they transport it in accordance with CA law and take it with them when leaving.

You can import a non-rostered pistol that is personally owned. So long as it's otherwise legal (i.e. not a Judge or something that could be construed as an SBR), then good to go.

Mags holding more than ten and a banned by name or features AW better stay on the other side of the state line. You cross into California with it, you are committing a felony.

Texas Boy
04-23-2010, 5:07 PM
I'm surprised anyone here would pass negative judgment on this guy based solely on the article in the OP. Remember, we have had not only 1, but 2 recent cases of innocent individuals who were arrested and crucified in the media on what looked like an ironclad case against a total "scumbag". One was even for impersonating a police officer and he had "lights", a "radio", "handcuffs" and other damming items in his car according to the press.

I'm not going to make any assumptions about what this guy did, intended to do, or even what he really had in possession based on the news story. I think we should watch this carefully though as the mag charge could set precedent.

1 SIG fan
04-23-2010, 5:15 PM
Really?? So when the Magpul guys come to do courses in CA they can't bring their Hi-Caps, just their rifles labled as AW in this state?

6172crew
04-23-2010, 5:36 PM
I'm surprised anyone here would pass negative judgment on this guy based solely on the article in the OP. Remember, we have had not only 1, but 2 recent cases of innocent individuals who were arrested and crucified in the media on what looked like an ironclad case against a total "scumbag". One was even for impersonating a police officer and he had "lights", a "radio", "handcuffs" and other damming items in his car according to the press.

I'm not going to make any assumptions about what this guy did, intended to do, or even what he really had in possession based on the news story. I think we should watch this carefully though as the mag charge could set precedent.

You beat me to it.

Cokebottle
04-23-2010, 5:43 PM
So that means that an Arizona resident moving to Washington with a PacWest AR locked in his trunk can't legally drive through CA? That's nuts.
Separate the upper from the lower before entering California.

Not 100% positive how that would impact a listed lower, but it would be perfectly legal for an OLL without a bullet button.

But he can't bring in the high caps.

Cokebottle
04-23-2010, 5:45 PM
Really?? So when the Magpul guys come to do courses in CA they can't bring their Hi-Caps, just their rifles labled as AW in this state?
There are some exceptions for competition, but I believe Bill posted something about a month ago about AW's being a no-no for classes.

And the high-caps would be a no-no regardless.

Doheny
04-23-2010, 5:56 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they are illegal, the majority would say yes. I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and the cops somehow found them, there is a good chance you'd be arrested.

Try to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

A DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.


.

Texas Boy
04-23-2010, 6:05 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they were illegal, the majority would say yes. I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and they cops somehow found them, there is a good likely hood you'd be arrested.

Try to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

A DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.

Agreed. My legally owned hi caps stay locked in my safe unless I am attending a match were I can use them. For normal range trips I just use the cali blessed low capacity mags. When my legal hi caps come out for a match, they travel to/from the range in a locked container. No point taking risk when there is no potential gain.

Fate
04-23-2010, 9:28 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they are illegal, the majority would say yes. I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and the cops somehow found them, there is a good chance you'd be arrested.

Try to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

A DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.


.
What a load of fear-peddling F.U.D.

LAWABIDINGCITIZEN
04-23-2010, 9:38 PM
It may be worth a poll to see how many of us regularly use high-cap legally owned mags at ranges. I don't want to be more paranoid than I already am, but when the law is on your side, you stand your ground.

I agree you shouldn't leave high cap mags in plain sight, but if we stop using them despite their legality, then the totalitarian gun ban extremists have won even when they lose.

Am I wrong here? 11+ round mags shouldn't leave our houses and are only good for a "rainy day"

Fate
04-23-2010, 9:47 PM
Rights not exercised are rights lost.

CenterX
04-23-2010, 10:09 PM
So I know a guy that moved here with a semi-auto pistol that is older than 15 years. He told me that he called DOJ when he arrived and asked them if he needed to get rid of his mags for 10 rounders. The person he talked to said nope that it became importing if he sells or gives them to someone while he is still living here. Otherwise it is in his personal possession and not an issue. He will not let his wife shoot with them at the range. She uses the modified mags. So, some here would call him a liar I bet.

odysseus
04-23-2010, 10:32 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they are illegal, the majority would say yes. I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and the cops somehow found them, there is a good chance you'd be arrested.

Try to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

A DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.

WHUT???

So you mean the many many thousands (maybe millions?) of us whom owned large capacity magazines in California before the 2000 ban should just keep them hidden and away? Because some LE is going to say these are illegal and you can't have them? You mean it is a TOTAL ban no matter what and all guilt is assumed??? Oh, and don't defend yourself 'cause you are diggin a hole and most everyone know's that "high caps = bad."? Seriously?

WTF? You really posted this FUD?

Doheny
04-23-2010, 10:36 PM
/\/\ To each his own, my friend. Can you guarantee you won't get hooked for them? No, you can't. If you do, will you need to bail yourself out of jail? Yes you will. Will you need to hire an attorney? Most likely.

Have at it.

Mssr. Eleganté
04-23-2010, 10:44 PM
/\/\ To each his own, my friend. Can you guarantee you won't get hooked for them? No, you can't. If you do, will you need to bail yourself out of jail? Yes you will. Will you need to hire an attorney? Most likely.

Have at it.

Well, where I live, most of the cops are convinced that rifles need to be registered and you need a license to possess one. So if I'm going to be busted for possessing unregistered rifles without a license, I might as well get busted for possession of large capacity magazines too. It'll cost me the same $10,000 retainer, won't it? :p

Doheny
04-23-2010, 10:47 PM
/\/\ I think that's called a 2fer! ;)

odysseus
04-23-2010, 10:53 PM
/\/\ To each his own, my friend. Can you guarantee you won't get hooked for them? No, you can't. If you do, will you need to bail yourself out of jail? Yes you will. Will you need to hire an attorney? Most likely.

Have at it.

Well cool. My friends who are in LE and have seen my large capacity magazines have no problem at all and understand the law. Just like my Reg AWs. To each his own, my friend.

You can live in fear and try to spread it around, I for one don't and shoot them knowing full and in all confidence I am legally doing it fine.

jdberger
04-23-2010, 11:07 PM
There has to be way more to it than just a illegal mag and billy club, for a $20,000.00 bail.

There is. They also found a dog in his car.... :confused:

On Wednesday, deputies found an illegal billy club in Portillo's car. Portillo then consented to a search of his motel room, where deputies found an illegal high-capacity magazine for a pistol Parker said.

Deputies also found a dog in Portillo's car.


Journalist....just another way to spell "retard". :o

Cokebottle
04-23-2010, 11:08 PM
So, some here would call him a liar I bet.
No... but it wouldn't be the first time that misinformation has come from the DOJ.

tonelar
04-24-2010, 12:06 AM
If anything, this re-enforces the current opinion that you'll be cited for some more blatant violation before being charged for owning standard capacity magazines.

darksands
04-24-2010, 12:25 AM
Why did they have to point out they found a dog in the car like it's illegal to have a dog in the car?


"We found a bazooka, automatic weapons, cocaine, and a dog."

Doheny
04-24-2010, 6:17 AM
Why did they have to point out they found a dog in the car like it's illegal to have a dog in the car?


"We found a bazooka, automatic weapons, cocaine, and a dog."

High-cap dog.

LAWABIDINGCITIZEN
04-24-2010, 6:44 AM
Originally Posted by darksands
Why did they have to point out they found a dog in the car like it's illegal to have a dog in the car?
"We found a bazooka, automatic weapons, cocaine, and a dog."


The dog is a crackhead and the driver was just his co-dependent "enabler".



:TFH:

joefrank64k
04-24-2010, 2:16 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they are illegal, the majority would say yes.

What? The majority? I and the coppers I worked with knew full-well that hi-caps are not illegal to possess. This is 100% FUD...

I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and the cops somehow found them, there is a good chance you'd be arrested.

Again...what? 100% FUD

You'd be arrested for what, exactly? You have to get booking approval when you bring someone in, you have to specify what crime you think was violated, you have to have the elements spelled out in your narrative, etc. You just can't scoop someone off the street and arrest them for non-existent crimes (ask the Mrs. about this :D).

With this view, you couldn't go anywhere at anytime, since you would be subject to arrest for made-up crimes....and I'm not taking about interpretations of the law in the field, for example, is having 5 bindles of heroin possession for sales or just simple possession...both are clearly illegal and make you subject to arrest...I'm talking about "Hey, I think it's illegal to drive a red car, so were off to jail!" I'm not worried about this happening because NO WHERE does it say that driving red cars is illegal...just as it is CLEARLY not illegal to simply possess hi-cap mags.

to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

Once again...what? 100% FUD.

DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.

Then it must not be worth it to simply go about your daily life since you think you can be arrested for non-existent crimes...

Thousands of Californians have legal-to-possess hi-caps and I hate to think that any of them would not choose to enjoy them because of this misinformation...

The Director
04-24-2010, 3:19 PM
Doheny is full of fail today.....

CSACANNONEER
04-24-2010, 4:31 PM
So that means that an Arizona resident moving to Washington with a PacWest AR locked in his trunk can't legally drive through CA? That's nuts.

It is pefectly legal to transport arms from one state that they are legal in to another while passing through a state which prohibits said weapons. There are some rules to follow like not stopping for anything except fuel and transporting in a locked container. But, it is perfectly legal to drive a truck load of M16s., AR15s, etc from OR to AZ by driving down I5 through CA.


Separate the upper from the lower before entering California.

Not 100% positive how that would impact a listed lower, but it would be perfectly legal for an OLL without a bullet button.

But he can't bring in the high caps.

No need to separate the upper from the lower.

There is no Federal law to protect magazine transportation though. So, +10 round mags are a no-no.

CSACANNONEER
04-24-2010, 4:34 PM
Inasmuch as high caps are not illegal to possess, I bet if you ask ten different cops if they are illegal, the majority would say yes. I also bet that if you had the mags on you while enroute to/from the range, at the range or where ever and the cops somehow found them, there is a good chance you'd be arrested.

Try to tell them how it's not illegal to possess and you'll either dig yourself deeper or you'll be told to tell it to the judge. None of this is a slam on cops (wife is one), but I think it's just the way it is. Most just know that high caps = bad.

A DA may or may not file, but you'll still need to get yourself out of jail and pay an attorney a $10,000 retainer.

To me it doesn't seem worth it to have them where there is any likely hood they'll be found.


.

Dude, you must be smokin' some really good *****. Can you score me some?

OneApart
04-24-2010, 4:37 PM
I wonder how long he has been driving that Crown Victoria "Complete w/light bar, and CHP stickers"??

Seriously?!?! :no: I wonder what his rationale was, and also what he was doing that hasn't been reported (yet)....

In any case, sounds like an open & shut case of First Degree Jackassery... what an idiot.

Saym14
04-24-2010, 4:59 PM
he probably imported it from Washington. that illegal. they then have to prove it. maybe their is a record of the sale?

GuyW
04-24-2010, 5:37 PM
Don't rely on DOJ unless they put it in writing...

So I know a guy that moved here with a semi-auto pistol that is older than 15 years. He told me that he called DOJ when he arrived and asked them if he needed to get rid of his mags for 10 rounders. The person he talked to said nope that it became importing if he sells or gives them to someone while he is still living here. Otherwise it is in his personal possession and not an issue. He will not let his wife shoot with them at the range. She uses the modified mags. So, some here would call him a liar I bet.

GuyW
04-24-2010, 5:41 PM
Have you guys forgotten that CA is a place where law-abiding gun owners can be arrested and prosecuted for LEGAL activities?

Set your risk / reward level at whatever level you wish, but don't disparage someone who's level is lower...

.

Meplat
04-24-2010, 7:19 PM
If he did not previously own it in CA, there is no legal way he could have obtained it. But if he got it from someone here they are the law breaker not he.

They'll probably drop that charge, unless they can prove that he imported it. They've already got him on enough crimes already.

Mstrty
04-24-2010, 8:27 PM
I'm surprised anyone here would pass negative judgment on this guy based solely on the article in the OP. Remember, we have had not only 1, but 2 recent cases of innocent individuals who were arrested and crucified in the media on what looked like an ironclad case against a total "scumbag". One was even for impersonating a police officer and he had "lights", a "radio", "handcuffs" and other damming items in his car according to the press.

I'm not going to make any assumptions about what this guy did, intended to do, or even what he really had in possession based on the news story. I think we should watch this carefully though as the mag charge could set precedent.

+1 You beat me too it.

Ishooter
04-25-2010, 1:15 PM
The rule of thumb is making sure you research for the laws about firearms before you bring any firearms and related parts into that state. The best way to obtain is to contact the DOJ of that state, and get a written/printed out letter/email confirmation from that DOJ. Carry that with you while you're in that state. Give it the LEO whenever the situation calls for.

Meplat
04-25-2010, 1:28 PM
It's great to live in a free county! :p

/\/\ To each his own, my friend. Can you guarantee you won't get hooked for them? No, you can't. If you do, will you need to bail yourself out of jail? Yes you will. Will you need to hire an attorney? Most likely.

Have at it.

Meplat
04-25-2010, 1:31 PM
$5,000 will Prolly do it.:43:

Well, where I live, most of the cops are convinced that rifles need to be registered and you need a license to possess one. So if I'm going to be busted for possessing unregistered rifles without a license, I might as well get busted for possession of large capacity magazines too. It'll cost me the same $10,000 retainer, won't it? :p

Meplat
04-25-2010, 1:38 PM
Maybe the guy talked his way into jail by admitting he "imported" them?

What? The majority? I and the coppers I worked with knew full-well that hi-caps are not illegal to possess. This is 100% FUD...



Again...what? 100% FUD

You'd be arrested for what, exactly? You have to get booking approval when you bring someone in, you have to specify what crime you think was violated, you have to have the elements spelled out in your narrative, etc. You just can't scoop someone off the street and arrest them for non-existent crimes (ask the Mrs. about this :D).

With this view, you couldn't go anywhere at anytime, since you would be subject to arrest for made-up crimes....and I'm not taking about interpretations of the law in the field, for example, is having 5 bindles of heroin possession for sales or just simple possession...both are clearly illegal and make you subject to arrest...I'm talking about "Hey, I think it's illegal to drive a red car, so were off to jail!" I'm not worried about this happening because NO WHERE does it say that driving red cars is illegal...just as it is CLEARLY not illegal to simply possess hi-cap mags.



Once again...what? 100% FUD.



Then it must not be worth it to simply go about your daily life since you think you can be arrested for non-existent crimes...

Thousands of Californians have legal-to-possess hi-caps and I hate to think that any of them would not choose to enjoy them because of this misinformation...

Meplat
04-25-2010, 1:43 PM
Remember the press release on Mr. Cannon? They get away with this crap all the time. I'll bet he was legal but looked too much like a cop for their egos.:43:


I wonder how long he has been driving that Crown Victoria "Complete w/light bar, and CHP stickers"??

Seriously?!?! :no: I wonder what his rationale was, and also what he was doing that hasn't been reported (yet)....

In any case, sounds like an open & shut case of First Degree Jackassery... what an idiot.

Meplat
04-25-2010, 1:51 PM
CA, has 58 counties and 58 autonomous sherifs, thank god, ones conduct will logically reflect his experience in his jurisdiction.

Have you guys forgotten that CA is a place where law-abiding gun owners can be arrested and prosecuted for LEGAL activities?

Set your risk / reward level at whatever level you wish, but don't disparage someone who's level is lower...

.

Eroland7
04-25-2010, 2:05 PM
There has to be way more to it than just a illegal mag and billy club, for a $20,000.00 bail.

PC 12020(A) (billy club) is a $10,000 bail by itself in my county.

HowardW56
04-25-2010, 2:07 PM
Maybe the guy talked his way into jail by admitting he "imported" them?


My thoughts exactly...

Meplat
04-25-2010, 2:11 PM
This guy just blundered, unaware, into a slave state!

advocatusdiaboli
04-25-2010, 8:24 PM
Dumb enough to submit to a search, probably dumb enough to talk.

Fatalistic probably--it's not like they'd have let him go, they'd cite and arrest him for the light bar in the vehicle and get a warrant anyway. they weren't going to let him go--he had no escape.

Cokebottle
04-25-2010, 8:52 PM
Fatalistic probably--it's not like they'd have let him go, they'd cite and arrest him for the light bar in the vehicle and get a warrant anyway. they weren't going to let him go--he had no escape.
According to "his friend" who posted another thread, he had a company B&W that "passed inspection" (not sure who), a billy club in the passenger compartment, and a handgun locked in the trunk.
He had a 20rd high-cap in his motel room.

That is if his "friend" knows what really happened and isn't really a troll or a shill.

If "his friend" is correct, the billy club was PC for search of the trunk, and once the felony arrest was made for the club, I'm sure a judge would have issued a warrant to search the guy's room where the magazine was found.

Super Spy
04-25-2010, 9:01 PM
Dumb enough to submit to a search, probably dumb enough to talk.

You said it. I was wondering WHY would you consent to a search? Guy doesn't know how to say "No"?