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xLusi0n
03-19-2006, 12:54 AM
Since the DOJ is saying that it is up to the D.A. whether they want to attempt to prosecute you for an off-lister (though the law seems pretty clear to me), has anyone dared to take the initiative and write their D.A. and ask if it was ok to have an off lister?

I wouldn't dare write to the L.A. D.A. which is where I live...one of those better to not know and lay low, than to ask and be denied...and in L.A.'s case I think I already know the answer.

thmpr
03-19-2006, 12:59 AM
Since the DOJ is saying that it is up to the D.A. whether they want to attempt to prosecute you for an off-lister (though the law seems pretty clear to me), has anyone dared to take the initiative and write their D.A. and ask if it was ok to have an off lister?

I wouldn't dare write to the L.A. D.A. which is where I live...one of those better to not know and lay low, than to ask and be denied...and in L.A.'s case I think I already know the answer.

I would not pursue it this way. There are several key players handling this the right way. :D

phish
03-19-2006, 1:01 AM
kicking the dog is one thing, but twisting a lion's tail is another

the DA's should be left out of this, period

Ford8N
03-19-2006, 6:25 AM
Have the NRA or CRPA ask for you. That's why you pay them Money.

sac7000
03-19-2006, 6:44 AM
Local elections are coming up, it's a toss up on your county's attitude towards firearms. As a general courtesy I've decided not to bother my DA with trivial nonsense. He's too busy prosecuting baby muggers to pursue honest citizens enjoying their 2nd amendment rights.

Choptop
03-19-2006, 9:42 AM
The DA thing is all smoke...

could a DA charge you? yes.

Is the law very clear as to what is and isnt a violation? yes

if you have an off lister, configured correctly, you are on the legal side.

Conviction would be nearly impossible... but it would be a big hassle getting there.

What the DOJ is saying... is.. Beware, DA's looking to make some hay, MAY charge you with for doing something completely legal.

Choptop
03-19-2006, 9:43 AM
also, consider a letter from a DA is NOT law.

the only way youare "Safe" is to have the issue looked at by a court.

xLusi0n
03-19-2006, 9:56 AM
A letter from the D.A. isn't law, but he's going to have a hard time trying to prosecute you when he put in writing already that you're OK.

I don't want to or plan to write to my D.A. as I'm sure it'd get messy...just wondering if any other D.A. agrees with what their boss is saying.

xenophobe
03-19-2006, 10:52 AM
A letter from any particular DA is only going to hold weight in the particular county the letterhead is written on.

Having the issue deemed "safe" in court means you've already lost, even if you win. The lawyers will give you happy smiles and pat you on the back though. lol

bwiese
03-19-2006, 11:23 AM
The DOJ is mixing up warnings about 58 DAs.

Some of the loopy letters about confusing issues could indeed be subject to 58 DA/court determination if questions arose. These are elements not protected by court decision (i.e., interpretation of a murky regulation like what is/isn't a pistol grip.)

However, Harrott decision is very very clear. While a "DA can indict a ham sandwich", you're on safe ground.

Asking a DA about it may anyway give you the wrong answer- he's not your personal legal research service and won't spend much time on it.

artherd
03-19-2006, 12:58 PM
A DA could (improperly and incorrectly) just say NO!

I'd never take legal advice from my legal advisary!