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6172crew
05-13-2006, 12:19 PM
Hope this isnt a Dupe but looks like OCSD snatched a OOL w/ a fixed 10 round setup.

http://www.ar15.com/forums/topic.html?b=8&f=11&t=232243

I say we back this guy up and see if we can win in court, I know its not my Arse but if he already busted then we dont want him to give up his rifle to the JBT.:)

The same thing happened to 3-4 Marines (me included) when I was stationed in OC, we had to call the DOJ to get our stuff back, and they did a background check on us. The background check included info that was sealed when a juvenille and took 10 years to clear up.

All because the OC deputy didnt know the law and said he "had" to take the rifles because he didnt have any choice.

PanzerAce
05-13-2006, 12:22 PM
Hope it goes well for the guy. On the other hand, this WILL force the issue of the DOJ memo.

CALI-gula
05-13-2006, 12:45 PM
I'm not buying that story just yet. Of course, it's plausible, but it sounds as if this is someone fixed on a "I told you so" mantra, so much wanting for the Off List Lower issue to go sour, that they might post a story and make it up along the wayas people cast doubt.

Main reason for My doubt? This part of the follow-up post:

....they got out a book and tried to look up the laws but couldn't figure it out....SO they took it and let him go with his handguns.

They got out a book? Maybe the AW guide perhaps, but I don't know of too many LEO that drive around with libraries in their trunk. And under a possible infraction, they just let him go with his handguns? In that case, if true, he got lucky.

.

jemaddux
05-13-2006, 1:27 PM
I'm thinking BS myself. I have had way to many LEO buy them for own purpose out of LAPD and so on. All of them I have talked to said as long as its a fixed ten and your not being a idiot they could really care less right now until this is all figured out. Just my opinion:D

kenc9
05-13-2006, 1:35 PM
The story just doesn't add up and is not backed up with any fact.

Probably BS...

ETD1010
05-13-2006, 1:45 PM
Bottom Line: I've read the law, and the law is clear on legality. Reguardless of the recent memo, that officer (if it DID happen, which I doubt) was out of line.

phish
05-13-2006, 2:01 PM
The LEO posting in that thread seems to be doing a pretty good job picking that story apart. If it is b.s., it will be flushed out shortly.

Dump1567
05-13-2006, 7:05 PM
As I posted over there, why is it always someones "friend" and not the actual guy. I could see deputy/ofc. "no nothing" confiscating one of these rifles. This is the importance of having paperwork to prove legitamicy. Do you really expect LEO's to memorize the 700 to 1,000 new laws passed by the liberals every year:rolleyes:? Let alone, read some DOJ memo that changes every few months:eek: ?

elsolo
05-13-2006, 7:49 PM
They got out a book? Maybe the AW guide perhaps, but I don't know of too many LEO that drive around with libraries in their trunk. And under a possible infraction, they just let him go with his handguns? In that case, if true, he got lucky.

.

Not related to the OLL story but....

I got pulled over once by a young cop that was going to give me a ticket for not having a sideview mirror on the passenger door of my 67 chevelle. She kept me there for 45 minutes while she thumbed through the CA vehicle code book (while standing next to my car) before she gave up and angrily said
"I can't find the number right now, but don't be surprised when another cop gives you a ticket for it."

I laughed, I have owned that car for 15+ years, that was a one time idiot cop with a "I think it's probubly illegal" attitude.

artherd
05-13-2006, 7:50 PM
Waiting with baited breath for a case # and officer's notes, copy of citation.

That much should be in the posession of the issueing agency (albit not necessarily formally on file) 24 hours and/or next business day depending on agency.

"Busted tail light" could mean markers (dark conditions only) or brake lights (all hours I belive.) Stops do occur in gas stations. Also LE officers issue illegal tickets, search without PC, etc. on a relatively routine basis.

All that said, this does sound fishy. He "registered" his doublestar? How'd he do that, exactly?

I'm eager to hear more, and have not passed judgement either way yet. If this is genuine, and if the insane DA is foolhardy enough to actually file charges, then I would like to help.

UberPhLuBB
05-13-2006, 8:29 PM
Originally Posted By Baddilly:
The rifle was a Double Star lower with 16 inch upper and the fixed bolt 9 round mag, it was registered over a month ago.

Yeah. Bogus.

Turbinator
05-13-2006, 8:31 PM
I laughed, I have owned that car for 15+ years, that was a one time idiot cop with a "I think it's probubly illegal" attitude.

Just for my own edification, I seem to recall that it is not illegal to not have a righthand side rearview mirror, as long as you have a rearview mirror mounted on the front windshield and on the driver's side door?

Turby

dhl
05-13-2006, 8:36 PM
Granted, it's difficult to offer an informed opinion based upon third or fourth party information, etc., but, is it possible the rifle was confiscated because it was out in the open and not in a locked case or with a lock on it or some other reason other than simply because it was an AR? I didn't see that in the thread but, it might be illegal the 'way' it was transported in that particular area or state.

EBWhite
05-13-2006, 8:45 PM
Rifles in the state of CA (unless registered AW) are not required to be locked. You can have it sitting right next to you as long as it is unloaded.

Dump1567
05-13-2006, 9:19 PM
The rifle being confiscated really doesn't suprise me at all. The Deputy saw an AR and figured it was illegal or at the least, might be illegal. He confiscated it for "safe keeping" until he could make a determination. This whole off-list thing has only been around for a few months. I doubt the DOJ has been sending out memo's to LE Agencies to advise them of the off-list situation. Based on the outdated AW guide, all these AR's are AW and had to be registered.

artherd
05-14-2006, 8:52 AM
Granted, it's difficult to offer an informed opinion based upon third or fourth party information, etc., but, is it possible the rifle was confiscated because it was out in the open and not in a locked case or with a lock on it or some other reason other than simply because it was an AR? I didn't see that in the thread but, it might be illegal the 'way' it was transported in that particular area or state.
I can legally keep an UNLOADED rifle on my lap while driving.

artherd
05-14-2006, 8:56 AM
Well, looks like it was a lie.

mef223
05-14-2006, 9:39 AM
..................

Jicko
05-14-2006, 9:49 AM
I am willing to donate money to support his legal fees, at least $1000 for now, but I have no where to send my money....

yiha
05-14-2006, 9:56 AM
I am willing to donate money to support his legal fees, at least $1000 for now, but I have no where to send my money....
ill give you an account :rolleyes:

seriously, i was thinkin of how easy it could be to scam good hearted calgunners by making up some BS story and putting up a pay pal account for donations for legal fees and then retire in the bahamas. well maybe not that, but at least get away with considerable figures.

DigglerD
05-14-2006, 4:21 PM
I got pulled over once by a young cop that was going to give me a ticket for not having a sideview mirror on the passenger door of my 67 chevelle.

They don't come with a pass side mirror. Chevy (and most other car co's) didn't start with that until '68 and even then I think it was an option.

trojanwar2
05-14-2006, 7:14 PM
They don't come with a pass side mirror. Chevy (and most other car co's) didn't start with that until '68 and even then I think it was an option.

Passenger side mirrors are required if u have windows limo tinted behind drivers seat.:mad:

shopkeep
05-14-2006, 8:30 PM
I'm gonna have to call BS on this one. It's already a closed thread in ar15.com and it hasn't made the papers. Usually anytime someone gets busted for anything that involveds "Assault Weapons" it's all over the media. Remember that moron with the unregistered Bushmaster AR-15 on myspace LOL?

wangankin
05-14-2006, 8:34 PM
I can legally keep an UNLOADED rifle on my lap while driving.

How come no one drives around with gun racks on their pickup truck windows???

FreedomIsNotFree
05-14-2006, 10:20 PM
How come no one drives around with gun racks on their pickup truck windows???

Some do in rural areas of the state where sanity still prevails.....

Jicko
05-14-2006, 11:37 PM
ill give you an account :rolleyes:

seriously, i was thinkin of how easy it could be to scam good hearted calgunners by making up some BS story and putting up a pay pal account for donations for legal fees and then retire in the bahamas. well maybe not that, but at least get away with considerable figures.

Take your CA-AR(PG+fixed mag), go to a police station..... ask them if it is legal.... if they decided to take your rifle and have DOJ look into it... then decide whether they will charge you or not...

Then you will have my money.... and probably a lot of money from other members too! I'll even send my lawyer friend to go help you.... you will have the complete support of this calgun forum!!

artherd
05-15-2006, 7:40 AM
Take your CA-AR(PG+fixed mag), go to a police station..... ask them if it is legal.... if they decided to take your rifle and have DOJ look into it... then decide whether they will charge you or not...

Then you will have my money.... and probably a lot of money from other members too! I'll even send my lawyer friend to go help you.... you will have the complete support of this calgun forum!!
Man I tried that ****, all they did was buy a bunch of OLLs for themselves! :D

Heck I know of a few guys witin DOJ itself who bought lowers.

hoffmang
05-15-2006, 12:38 PM
If one is heading to one's local police station with an OLL, for gods sake please call ahead :)

Jicko
05-15-2006, 1:18 PM
If one is heading to one's local police station with an OLL, for gods sake please call ahead :)

Just put it in a case, and have them open the case and be surprise!

Tell them that it is "not loaded" before they open it.... :D

AW-FANATIC
05-15-2006, 1:49 PM
You could also just take in the lower with no pistol grip. You would be a lot less likey to be looking down the barrel of a glock that way.

Jicko
05-15-2006, 9:48 PM
You could also just take in the lower with no pistol grip. You would be a lot less likey to be looking down the barrel of a glock that way.

What's the point then....

The point here is(to joke about) establishing a real "test case" rather than "someone's friend heard someone's friend got his CA-AR taken, and sued, and is now serving jail time...."

gh429
05-16-2006, 1:47 AM
What is the point of taking a rifle down to your local police station? I don't believe a couple of cops at the local precint looking at the rifle is going to hold more weight than a DOJ memo.

This basically goes back to the real point of the DOJ memo - you incur substantial risk for prosecution if you use a sporting conversion. Even if you manage to get the case thrown out, you still lose. Furthermore it is in the DOJ's best interests NOT to have a test case, so I would imagine they would advise the local DA to settle or to drop charges in the best interests of preserving the DOJ memo. The "good ole boy" system still exists in many networks - I would imagine the prosecutors of California are not immune... At any rate the moment your weapon is taken from you for "investigation" you already lost. It is just a matter of how much...