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vw69turbobug
04-25-2010, 4:33 PM
delete

Lateralus
04-25-2010, 4:35 PM
Get in contact with the CGF.

800-556-2109

If the case has no outstanding circumstances, CGF may be able to help.

Cokebottle
04-25-2010, 4:46 PM
Since you're in the LA area, the link at the bottom of the page to Davis & Associates is one of the best people you can get in touch with.

Please do not reveal any further details about the situation in a public forum... people will ask.

artherd
04-25-2010, 4:51 PM
Please contact CGF immediately.

383green
04-25-2010, 5:15 PM
I have nothing to add to the excellent information already posted. I just wanted to say "GOOD LUCK!" to your friend.

vw69turbobug
04-25-2010, 8:30 PM
sorry ill contact cgf asap. what does cgf help out in ???? just wanna know sum info on them. thanks alot for the replys

berto
04-25-2010, 8:42 PM
sorry ill contact cgf asap. what does cgf help out in ???? just wanna know sum info on them. thanks alot for the replys

It's explained here:

http://www.calguns.net/calgunforum/showthread.php?t=245866

Cokebottle
04-25-2010, 8:42 PM
sorry ill contact cgf asap. what does cgf help out in ???? just wanna know sum info on them. thanks alot for the replys
CGF is the Calguns Foundation.
They have been the driving force behind reinforcing the fact that assault-style weapons can be maintained in a legal configuration in the State of California.

If there is no "color" to the case (the person arrested was not in violation of any laws), CGF may be able to provide free legal aid or representation.

If there is "color", they can't touch the case directly, but can refer you to an attorney who will provide competent representation for his normal fees.

This is why it is important that when you contact the CGF, you have as much information as possible, including the make and model of gun involved, as well as it's configuration.
Example, all of the below will equal "color":
1 - Your friend was caught with an unregistered assault weapon that is listed as banned by the DOJ.
2 - He had an off-list gun with "evil features" and a detachable magazine.
3 - He had an otherwise legally configured AR with a magazine lock, but was using a 30rd magazine.
4 - He was caught transporting a loaded weapon in an area where discharge is prohibited.
5 - He was using tracer, incendiary, or other banned ammunition.
6 - He is a prohibited person.

That's not to say that nothing can be done, but the CGF cannot directly assist.

But it is vitally important that you make contact and provide all facts available in 100% accuracy. It is of utmost importance that there be no successful prosecutions involving legally-configured weapons.

wildhawker
04-25-2010, 8:42 PM
http://www.calgunsfoundation.org/

For example:

Thank you Jason Davis + CGF
Thursday, 01 April 2010 10:35

The below was recently posted on Calguns.net by a member. With his permission, we are reposting it here. Some cases can be handled with a simple phone call, and we are happy to have been of assistance in the below matter.

###

Ever since my arrest from last April, it's been a nightmare. From going with the wrong law firm, uneducated/uninformed attorney disregarding all evidence and previous court cases and suggesting me to plead guilty to something that I did NOT do, giving my DNA sample, going to life lesson classes, to surrendering my gun rights...Until about a month ago, I was really fed up, fired my attorney and contacted CGF, Kevin (Oaklander) who referred me to attorney Jason Davis.

I finally got a chance to meet up with him this Wednesday and all it took was 1 phone call from Jason to the police department, that same night the detective called back and told me I was all good to go and I could pick up my firearm that they confiscated and refused to return just a month ago. All I can say is wow!!! Jason did what my attorney couldn't do for a year in 1 phone call.

Guys, if you ever run into ANY trouble at all, contact CGF & Jason immediately. Don't even bother trying to save a few bucks and going with amateurs, because in the end it'll come back and bite you in the ***. Which I learned the hard way.

I'd like to thank you CGF & Kevin & Jason for helping an innocent, responsible and law-abiding citizen retain his rights! Now it's my turn to payback CGF and help out the next victim.

Calguns member, Jeffu.

Just in Time for Christmas . . . Yet Another Win for The Calguns Foundation!

Saturday, 26 December 2009 22:24

In September 2009, the CGF received an urgent call from a young man who was arrested by Los Angeles County Sherriff’s Department deputies in the Long Beach area for violation of Penal Code section 12025 (a) – i.e., carrying a concealed pistol, revolver, or other firearm capable of being concealed upon the person in his vehicle.

However, there were two major problems with this arrest:

First, the Department of Justice website states: Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. (See http://www.ag.ca.gov/firearms/travel.php).

And, second, the firearms prohibited from being concealed according to Penal Code section 12025 are defined as handguns under California law:
As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person." (PC 12001(a)(2).)
According to the police report, the 19 year-old Cal State University Long Beach college student, and two of his friends were in a Long Beach industrial area late at night performing experiments with legal compressed air devices.

When they were done for the night and leaving the area, they were pulled over by multiple Los Angeles Sheriff’s units, who ordered them out of the student’s pickup truck at gun point, cuffed them, and searched the truck. The deputies then told the student that they were responding to a “shots fired” complaint and asked him if he had a firearm in the vehicle.

He informed the LASD deputies that he had a shotgun in the cab, a Mossberg 500, which was unloaded and under the seat. He had no ammunition and informed the deputies as much. The deputies then asked him how many rounds he had fired through it that night, the student explained that caller must have heard the noise from the experiments, showed the deputy the legal device used in the experiments, and informed them that he and his friends were not firing the shotgun.

The bottom line is that the LASD took him to the station, with the shotgun, held him until morning, cited him for concealed carry with a court date in Compton and released him on his own recognizance. They kept the shotgun as “evidence.”

Upon contacting The Calguns Foundation, Inc. and explaining the situation, the CGF Board unanimously agreed to fund the student’s criminal defense and retained Jason Davis of Davis & Associates to represent him.

At the initial arraignment, Mr. Davis contacted the Deputy District Attorney and explained that Penal Code section 12025 does not apply to long guns (such as shotguns) . . . unless they are “short barreled.”

The Deputy District Attorney seized upon the fact that the language does not clearly eliminate application to shotguns.

And in addition, the District Attorney informed Mr. Davis that they would add another count of 12025 for possession of the “compressed air” device if Mr. Davis persisted in attempting to defend this case.

Mr. Davis not only persisted but informed the District Attorney’s office that they were not only wrong on the shotgun, but wrong on the “compressed air device” as well.

A “compressed air” device simply cannot be deemed a firearm under Penal Code section 12001, which requires a device to expel a projectile through an explosion or other form of combustion. Mr. Davis advised the District Attorney’s office to take another careful look at the charges and reconsider dismissing the complaint.

The arraignment was then postponed, and no additional counts were brought.

At the second arraignment date, Mr. Davis provided the Los Angeles District Attorney’s office with hundreds of pages of information in support of the common sense position that the terms “handgun,” “pistol, revolver, or other firearm capable of being concealed upon the person” simply do not include shotguns. Mr. Davis even included a copy of the entire “dangerous weapons law” with each and every occurrence of the terms “handgun,” “pistol,” “revolver,” and “other firearm capable of being concealed upon the person,” highlighted in yellow so as to demonstrate the absurdity of the position that a standard shotguns is the same as a “handgun,”

This crazy position would require shotguns to be placed on the list of handguns deemed not unsafe and require a handgun safety certificate for the purchase of shotguns.

At this point the matter was escalated to a higher level Deputy District Attorney, presumably one who is not pre-programmed to think all firearms and the persons possessing them are bad. Unfortunately, this was not the case. The first words out of the new Deputy District Attorney’s mouth were, “Do you want your client to be prosecuted with a felony?”

Clearly, this comment was a threat aimed at Mr. Davis’ challenge to the DA’s position. At this point, Mr. Davis continued to challenge the merits of their case and explained the documents that he provided to them. The arraignment was continued again to allow the Deputy District Attorney to digest the information provided.

Last Friday, at the third arraignment date, the Deputy District Attorney took the position that the law is not clear and may well include long guns – but stated that they could not proceed on the facts.

At that time, Mr. Davis made his motion to the court to dismiss the Complaint prior to arraignment and the Court granted that motion. Case dismissed!

Now Mr. Davis and the client are working on getting his firearm returned. CGF will keep you updated as to those results!

-Kevin.

wildhawker
04-25-2010, 8:42 PM
Also:

CGF at Work: AR-15 Returned to Owner, No Charges Filed!

Friday, 18 December 2009 10:42

Here is a great post from “Stan” – a Calguns.net member who had an AR-15 wrongly seized by the Orange County Sherriff’s Department. Working with the CGF and CGF attorneys, Stan was able to get his AR-15 back, and avoid prosecution. To read the original thread, click over to http://www.calguns.net/calgunforum/showthread.php?t=250919.

Stories like this are why we do what we do!

###

Hey everyone - this story is a little long but I feel its best that way. This is the EPIC SAGA of Orange County Sheriff's Deputy J. Finley, a reserve SWAT officer, seizing my AR-15 and how I was helped getting it back.
At 16:40 on 11-3-09, I was driving my car down Santa Margarita Parkway in Rancho Santa Margarita. A black police interceptor nearly hit my right front corner while he was changing lanes, and then braked hard and got behind me at the left turn light. I immediately got off my cell phone at that point. The police interceptor turned on its flashing lights, and I pulled over on a side street. I was then contacted by Deputy J. Finley of OCSD's Rancho Santa Margarita Police Services. He's a reserve S.W.A.T. officer and was in a black unmarked car.

From the very beginning of the stop, at 16:45, Finley was rude, suspicious, and seemed to be almost angry with me. I'm 20 years old, and have long hair. He asked me if there was any "guns, drugs, knives" etc in the car, to which i flatly responded "There is nothing illegal in the car sir." He then claimed to smell marijuana (this was quite obviously a lie), and pointed out a sandwich bag (yes, a sandwich bag) on my floor. I showed him it was empty, and smelled like FOOD (imagine that!) but at this point he had made up his mind.

Finley ordered my passenger and I to step out of the vehicle. At this point due to the fact that I am on informal probation for a misdemeanor, backup came and a search of my car commenced. When Finley made his way to the trunk, I informed him that I had my rifle in a range bag, unloaded in the trunk. He removed my rifle, a Stag Arms lower with a flat top upper and 10/30 pmag magazine locked in with a BULLET BUTTON. It was like someone had just rained guns and drugs from the great impound locker in the sky. Finley continued to search the car, finding my incomplete AK-47 build, some bulk 7.62 ammunition, and other random junk. Every time he found another gun related item, he would hold it up and look at me like I had killed his sister, cat, and broken his bicycle. He continued hassling me about where I got the bullets and what was I doing with "all this stuff". He set the rifle down on the trunk of his car during the search, and left the muzzle pointed straight at me. Since childhood, I was trained to treat all guns as loaded, and being in that position put me into a state of extreme panic and anxiety. I was treated like a second class citizen at best, but more just plain like a criminal.
I attempted to explain to Deputy Finley the legal definition of fixed magazine, and how my bullet button only allowed the magazine to be removed with a tool, which met the DOJ's and law's standards. In hindsight I should have had a more snarky remark for him removing the magazine with something on his belt loop. Finley repeatedly yelled in my face, and at one point slammed his voice recorder violently on the trunk of his car, shouting that "EVERYTHING YOU SAY IS BEING ****ING RECORDED". He also claimed that legislation had been passed outlawing bullet buttons, and that he knew this because two of his cases were what made that happen. He then told me a bullet is not a tool, and that I was in possession of an assault weapon. I was given a receipt for my rifle, ammunition, and magazines, and charged with no crime. Finley also gave me false information about how I could contest the seizure, told me that I absolutely would never be getting back my rifle, and that I would be receiving a call within a week or so regarding criminal charges.

Immediately after the whole fiasco, I went to OC Armory and spoke with Mike Penhall, the owner. This is where I have gone for all my OLL needs, and with good reason. Mike was extremely helpful, and directed me to contact Bill Wiese and / or Gene Hoffman at the Calguns Foundation. Already having been a member of calguns.net forums since April of 2008, I pm'd Gene and Bill, who got back in contact with me within a few hours. Bill then had one of the foundation's lawyers, Jason Davis, give me a call that very evening. I was thoroughly impressed, within a couple hours of my initial contact I was already speaking to an attorney. Jason was really awesome, he was articulate and seemed to know exactly what needed to be done. I went from freaked out and upset, to confident and calm.

Other than answering questions here and there, I was relieved of the issue at that point. Jason was constantly in contact by both e-mail and phone. He spoke with Mike at OC Armory, made calls to various divisions of OCSD, and even talked to Deputy Finley. The conversation with Finley was humorous from what I heard of it, and I was really amazed at how Mr. Davis handled the matter. I can only imagine the amount of time spent on my case, getting the run around on an issue that never should have happened. I would have been totally lost, and probably would never have received my rifle back if it were not for the help I received.

I had to submit the Law Enforcement Gun Release (LEGR) application to the DOJ, which cost me $20 or so, and after several weeks I got a letter back verifying that I was not a prohibited person. This morning I went to the property room of the OCSD in Santa Ana and was reunited with my beautiful tool. Unfortunately, their policy is not to return ammunition with the rifle, and since it was 25 rounds, I decided that it was going to be too costly to take the time to come get it another time.

I do not know the details, but my understanding is that OCSD did not have a policy on OLLs / bullet buttons, and my rifle was supposedly the first one of its kind that they seized. I believe they have decided to use the AW Flowchart, and I think that because of my case, and the help I was so graciously given, people in Orange County with bullet buttons may just be a little better off now.

What I really was awed by was how CGF and Jason Davis handled the whole matter. I'm a paralegal and studying law, and lawyers do not come cheap, nor is their work easy. The fact that the foundation supported my case and provided me with counsel, without having ever met me was really great. It goes to show that the money people donate really does go to a good cause. Jason is an asset to our community both as an attorney, and a fellow gun owner, and CGF makes it possible for people like me to be aided by people like Jason when the gun grabbers attack.

vw69turbobug
04-25-2010, 9:22 PM
delete

Cokebottle
04-25-2010, 9:31 PM
thanks so if it not a color rifle they help him out asap kool. thanks everyone for your help.
By "color" I mean any legal violation that "colors" the legality of the case.

CGF doesn't care if it's a black rifle or pink camo ;)

Best of luck with your friend.