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jamesob
03-25-2011, 12:59 PM
this is a question for my boss. 3 years ago he was going thru a divorce and took all of his firearms to his mothers house. they were all locked in her safe and included a couple of handguns and a disassembled ak style rifle. the rifle had the bolt carrier, upper hand guard , pistol grip taken off and in a bag. in 2008 his brother lived with their mother and had a search warrant served and they took only the rifle. yesterday my boss called the police dept to try and get his rifle back and they said that it was a " full blown assault rifle" and had the doj test fired it and it functioned correctly. and he couldn't get it because the case was still pending. my boss doesn't really want to mess with it since it was only a 300.00 gun when he built it. i told him somebody had to assemble it to fire it and that he should call the police dept and raise hell about it since they are the ones to assemble it. now, should he do that, let the matter go or call a lawyer. i said he should call the p.d and raise hell even if it goes nowhere.

bwiese
03-25-2011, 1:11 PM
Depending how the rifle was assembled/disassembled there could be risk of escalating this from a seizure & lack of return to something worse (i.e,, charges).

A broken/non-operating AW may very well be regarded as an AW (and has been before, including conviction). The issue is not whether the gun works but whether key characteristic features were off (i.e, it's "featureless").

An AR or AK with features and missing, say, a bolt carrier and buffer will be regarded differently than an gun missing all 'characteristic features' and which is off-list. Your wording indicates the pistol grip was removed so that's a good sign.

Please refer your boss to CGF, let's not talk about this further, and we can perhaps resolve this.

wildhawker
03-25-2011, 1:21 PM
Without additional facts (Why was a warrant served? Why was the safe part of the warrant? Was the rifle volunteered by the mother?), it's likely that the rifle will be considered evidence and held for the time allowable by law, and the cost of an attorney to assist him in recovery will be more than the value of the rifle. However, if the department assembled an assault rifle from parts, it would be an interesting conversation to have.

-Brandon

this is a question for my boss. 3 years ago he was going thru a divorce and took all of his firearms to his mothers house. they were all locked in her safe and included a couple of handguns and a disassembled ak style rifle. the rifle had the bolt carrier, upper hand guard , pistol grip taken off and in a bag. in 2008 his brother lived with their mother and had a search warrant served and they took only the rifle. yesterday my boss called the police dept to try and get his rifle back and they said that it was a " full blown assault rifle" and had the doj test fired it and it functioned correctly. and he couldn't get it because the case was still pending. my boss doesn't really want to mess with it since it was only a 300.00 gun when he built it. i told him somebody had to assemble it to fire it and that he should call the police dept and raise hell about it since they are the ones to assemble it. now, should he do that, let the matter go or call a lawyer. i said he should call the p.d and raise hell even if it goes nowhere.

stix213
03-25-2011, 1:36 PM
Is your boss sure the receiver isn't a listed AW? I don't believe assembly would matter if that were the case.

edit: Per Bill's comment you probably shouldn't answer my question and just talk to the CGF directly

russ69
03-25-2011, 1:40 PM
Rifle? What rifle? I don't know nothing about no rifle.

jamesob
03-25-2011, 3:59 PM
the receiver was a nodak spud so it was a off list rifle and all evil fetures were removed.

Ubermcoupe
03-25-2011, 4:08 PM
Even if that is the case (great) I would take the advice of Bill. Talk to CGF to work out legal steps to getting it back. I would strongly recommend invoking your right and not share any more details.

It may very well be not worth the $$$ to pursue...


Long story short: Contact a qualified attorney. :)

wash
03-25-2011, 4:16 PM
I have several rifles that are not worth the money to persue but that doesn't mean I want the police taking them.

I hope he gets his rifle back and rubs the PDs nose in the dirt for their illegal manufacture of an "assault weapon".