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View Full Version : Would the police give you back your OL rifle if it were recovered?


tman
08-06-2006, 3:20 PM
First of all, I hope this does not happen to anyone here.

Let's say a guy named Joe had an off list AR/AK rifle. Let's say he made it legal by "pinning" the mag. One day Joe's rifle get's stolen and he reports it to the police. A few months later the police recover the rifle.

Would Joe have his rifle returned?

Since someone with a stolen firearm probably wouldn't care much if it was CA legal or not, they would most likely remove that pin. If the police found it like that, would they just give it back to Joe? Or keep it?

The reason I ask this is because I doubt the police would give it back like that, and I doubt they'd pin the mag back in place for you.

I also wonder if they would even get it back, even if it WAS in CA legal configuration with the mag still pinned in place just because of how little understanding most people have of the law pertaining to the legality these rifles.

fun2none
08-06-2006, 5:18 PM
Remove the pinned magazine from an OLL while a pistol grip is attached, then an assault weapon, defined by 12276.1 characteristics, has been manufactured.

If it's not registered, then a felony posession of unregistered assault weapon. It will be seized as evidence, and contraband, which will not be returned.

What happens if the thief tries pin the "unpinned magazine" on you by claiming that's the way I found it when I stole it ?

grammaton76
08-06-2006, 8:16 PM
I'm pretty sure that the thief would manage to actually make you miserable with the "he built it as an AW, I just stole it" charges. I don't think there'd be enough to prove it, but there WOULD be enough to get the police to do a thorough search of your home, etc.

However, I'm pretty sure that your average criminal isn't going to be clueful enough to actually order the replacement parts to replace a SportingConversions style maglock with a proper mag release. They'd probably just fence it rather than keep it as a weapon.

SemiAutoSam
08-06-2006, 8:28 PM
I'm pretty sure that the thief would manage to actually make you miserable with the "he built it as an AW, I just stole it" charges. I don't think there'd be enough to prove it, but there WOULD be enough to get the police to do a thorough search of your home, etc.

However, I'm pretty sure that your average criminal isn't going to be clueful enough to actually order the replacement parts to replace a Sporting Conversions style maglock with a proper mag release. They'd probably just fence it rather than keep it as a weapon.

Would a thief have a Allen wrench of the correct size to fit my kit ?

maybe this is a good example of why to use the locktite and epoxy securing method ?

If the thief is resourceful enough to remove the locking mag kit. how will he hold the mag in place.

On the other hand if its a grip less config then for the rifle to be an AW the thief needs to find a Pistol grip.

then if this is Joes rifle there should be no reason the cop does not give the rifle back to its rightful owner.

grammaton76
08-06-2006, 8:34 PM
Right. Either way it's probably going to have to involve a criminal with more of a clue than usual, in order to reconfigure your rifle into an AW. But if he's actually done so, I expect that the police will be more than happy to take his word at least far enough to lead them to search extensively, and never return your property.

Having pics of your rifle with its original configuration may also be of aid. There's no way to prove that your rifle WASN'T in an illegal configuration when stolen, but you can prove that at least at one point, it WAS in a legal configuration.

tman
08-06-2006, 10:59 PM
Right. Either way it's probably going to have to involve a criminal with more of a clue than usual, in order to reconfigure your rifle into an AW. But if he's actually done so, I expect that the police will be more than happy to take his word at least far enough to lead them to search extensively, and never return your property.

Having pics of your rifle with its original configuration may also be of aid. There's no way to prove that your rifle WASN'T in an illegal configuration when stolen, but you can prove that at least at one point, it WAS in a legal configuration.
My situation may be a little different.

I have an AK. I inserted a bolt in the trigger guard, thus holding the mag release in place. Very easily removed with an allen wrench.

As for proof, I guess the hole in the trigger guard that I made with a dremel tool in order to get the bolt to fit would serve as proof. Why else would someone deface such a beautiful weapon?