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View Full Version : What happens when an assault weapon (RAW) is stolen?


CCWFacts
08-14-2010, 9:11 PM
As the owner of one or more RAWs, I hope they are never stolen, because they are not replaceable, obviously.

But what if it happens? Of course I would report it immediately (as I would with the theft of any firearm). Of course it's registered so I have documentation (on file with the DoJ) documenting my ownership and the serial numbers.

Normally California's threshold for grand theft (felony) is $400, but any theft of a firearm, regardless of value, is grand theft (felony). So any firearm theft is at least a grand theft.

But there must be some more charges on top of that due to the AW status? And does AW status make the police take it more seriously? My understanding is that in urban areas, non-violent theft is basically not investigated in most cases, due to lack of police resources. I presume AW theft would trigger a whole lot more interest, maybe including the LAPD gun squad and so on?

Also, I have a good quantity of legally-owned (pre-2000) large-cap mags to go along with my AWs. I assume there are charges that could be filed if those were stolen, and hopefully the police would also take that more seriously than they took it when my cellphone was stolen recently? What kind of sentence upgrades are possible for theft of AWs and large-cap mags?

bwiese
08-14-2010, 9:14 PM
Well 12280PC would cover illegal AW acquisition, unregistered AW possession, and illegal transport for starters. I could see "use of an AW in a crime" escalator too.

SJgunguy24
08-14-2010, 9:24 PM
Well 12280PC would cover illegal AW acquisition, unregistered AW possession, and illegal transport for starters. I could see "use of an AW in a crime" escalator too.

I was gonna say that as well, plus possession of stolen property, if a gang banger is caught with your AW, that is an enhancement, plus the ammo.

CCWFacts
08-14-2010, 9:30 PM
Well 12280PC would cover illegal AW acquisition, unregistered AW possession, and illegal transport for starters. I could see "use of an AW in a crime" escalator too.

So looking at the PC:

(a) (1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

(d) Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

So, adding it up:

Minimum: 1 for grand theft, 4 years for AW transport, no enhancements, total 5 years

Maximum: 3 year grand theft, 8 years AW transport, 1 year AW enhancement, total 13 years

Plus something depending on how many large-caps the guy grabs. Of course these are state sentences so they usually serve only a fraction of it, and some prosecutors (cough *Kamela Harris* cough) will go easy on them if they have mitigating factors like drug possession, gang membership, no visa, or ideally a combination of those.

I guess it would depend a lot on the prosecutor, how vigorous he wants to get on it. It could be quite a number of years, depending on various factors.

Most criminals have prior felony convictions so if a prosecutor really wanted to, they could take on 10 years for felon-in-possession, but my feeling is that that is not done nearly often enough.

Ron-Solo
08-15-2010, 12:08 AM
But what if it happens?

Grown men cry. It isn't pretty. :(

CCWFacts
08-15-2010, 12:24 AM
Grown men cry. It isn't pretty. :(

Ah, not me! I'm happy to own some RAWs, but deep down, I'm more of an M1A guy than an AR-15 guy. In fact, if / when the AWB is struck down in CA, I'll probably get rid of all but one of my AR-15s, and also get rid of a whole lot of large-cap mags, all of which I'm keeping mainly as a form of silent protest against the AWB itself. I think the AR-15 is an excellent home defense weapon, and it's also great for new shooters (light, low-recoil), but it's ugly! Count me in the group that thinks guns should be beautiful and made of steel and wood.

But if mine were stolen, I would be very happy if the thief got the book thrown at him. I'm lucky to live in a city with a fantastically, amazingly excellent police force who would probably do their best. Seriously, if the rest of California had a police force like my city's, there would be no crime. I'm also happy not to have Kamala Harris anywhere near.

Merle
08-15-2010, 9:58 AM
Seriously, if the rest of California had a police force like my city's, there would be no crime. I'm also happy not to have Kamala Harris anywhere near.

What city is that?!? My sarcasm meter wasn't going off so I think you're serious!

jaymz
08-15-2010, 10:16 AM
The crappiest part of you scenario is that you get screwed twice. Once by the bad guy stealing your RAW, and once by the state, you can't go buy a replacement (yet!).

762cavalier
08-15-2010, 10:16 AM
What happens when an assault weapon (RAW) is stolen?

God kills a kitten:eek::(

Cokebottle
08-15-2010, 10:56 AM
The crappiest part of you scenario is that you get screwed twice. Once by the bad guy stealing your RAW, and once by the state, you can't go buy a replacement (yet!).
If the police recover the weapon, can they legally return it to you?

Ron-Solo
08-15-2010, 11:09 AM
If the police recover the weapon, can they legally return it to you?

If it was properly registered, yes.

QuarterBoreGunner
08-15-2010, 11:15 AM
If the police recover the weapon, can they legally return it to you?

Yes.

Unfortunately my home was burglarized about two years ago and they stole a RAW Bushmaster M4 that I (stupidly) had out for cleaning.

Reported everything with serial numbers, descriptions and photos. Talked to the DOJ and they said that it's in local PDs hands but yes, unless PD has to hold on to it for some reason (if it's used by the dirtbags in the commission of a crime, for example.) then if it's ever recovered, they will return it.

*sigh* Lessons learned; lock up everything, all the time you're not home.