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celticstorm
08-29-2011, 7:31 PM
Comments? I won't post any of mine because it is never respected here.
[url]http://www.keyt.com/news/local/Deputies-Seize-Numerous-Weapons-From-Man-128619563.html[/url

infernl
08-29-2011, 7:42 PM
http://www.keyt.com/news/local/Deputies-Seize-Numerous-Weapons-From-Man-128619563.html


Fixed it for you

Anchors
08-29-2011, 7:42 PM
Is it the same guy posting in the other thread?? Lol. I can't get the article on my phone.

EBR Works
08-29-2011, 7:43 PM
Let me help:

http://www.keyt.com/news/local/Deputies-Seize-Numerous-Weapons-From-Man-128619563.html

Carpinteria - Santa Barbara Sheriff’s deputies have seized a number of weapons from a Carpinteria man after responding to several reports of shots fired during the months of April and August.


.
.
..

MatrixCPA
08-29-2011, 7:44 PM
Another article (http://santamariatimes.com/news/local/sheriff-s-deputies-seize-weapons-in-carpinteria/article_9f47b044-d288-11e0-ad83-001cc4c002e0.html) states that the grenades were practice grenades. There really isn't much to go on about the case.

infernl
08-29-2011, 7:45 PM
Someone had better have proof that these were indeed the weapons discharged. I also bet they don't have proof, since he its not in custody. Hope he gets his property back this decade...

LoneWolf1
08-29-2011, 7:45 PM
http://media.keyt.com/images/firearms_carpinteria.jpg

Sheriff's officials say the suspect, Ian Bradley McDonald, 36, is awaiting possible charges from the district attorney's office for malicious and willful discharge of a firearm, possession of an assault weapon and possession of armor piercing ammunition.

Anchors
08-29-2011, 7:48 PM
I don't see a BB on that AK...looks like a good arrest...

imtheomegaman
08-29-2011, 7:49 PM
If you are discharging a weapon in a residential area, what do you expect, a medal?

Anchors
08-29-2011, 7:50 PM
Notice no charge for manufactuer or import of non restricted capacity magazines...

Baconator
08-29-2011, 7:51 PM
Oh, there were literally millions of children saved today :43:

HowardW56
08-29-2011, 7:52 PM
There isn't enough information there to pass judgement.

Cokebottle
08-29-2011, 7:54 PM
I don't see a BB on that AK...looks like a good arrest...
Could be RAW.

I would say it could be a rimfire, but the mags and ammo stacked up don't support that.

pieeater
08-29-2011, 7:55 PM
Due to his cooperation in the investigation and his medical condition, McDonald was not booked.

Interesting

cbaer5
08-29-2011, 7:59 PM
what is there definition of armor piercing?

shocknm
08-29-2011, 8:00 PM
No charge for the little blow darts, if that's what they are ?

Oceanbob
08-29-2011, 8:05 PM
There appears to be NO CASE. But the police get brownie points for Gun Drama.

Cokebottle
08-29-2011, 8:08 PM
Due to his cooperation in the investigation and his medical condition, McDonald was not booked.

Interesting
Where was that attitude when BWO got popped?

locosway
08-29-2011, 8:09 PM
So it's illegal to have green tip ammo?

Cokebottle
08-29-2011, 8:13 PM
what is there definition of armor piercing?
Doesn't matter... all I see there is rifle ammo.


Little blow darts? Interesting.
The blow gun is a violation, don't think the "ammo" is.

The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

MaHoTex
08-29-2011, 8:13 PM
http://media.keyt.com/images/firearms_carpinteria.jpg

If that is all the sporting goods this guy owns I feel sorry for him. Maybe we should take up donations to help his measly collection grow to something more respectable.

If the charges were dropped the police have nothing to go on.

Meplat
08-29-2011, 8:14 PM
http://media.keyt.com/images/firearms_carpinteria.jpg

Looks like one black tip 30-06 in the mix there. Does the AP ammo ban include rifle ammo.:mad:

Cokebottle
08-29-2011, 8:15 PM
So it's illegal to have green tip ammo?
No.

Armor piercing HANDGUN ammo is illegal.


And this brings out a scary situation......

You have an AR pistol as well as rifles.
You have a box of green tip.

Legal in the rifle, but the pistol shoots the same caliber, therefore you could theoretically be charged.

coltn46920
08-29-2011, 8:15 PM
Is it the same guy posting in the other thread?? Lol. I can't get the article on my phone.

What other thread? Link?

cbaer5
08-29-2011, 8:18 PM
Doesn't matter... all I see there is rifle ammo.


Little blow darts? Interesting.
The blow gun is a violation, don't think the "ammo" is.

The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

that was my point. they are acting like plane old ammo is a bad thing. at least from what we can see in the picture.

FXR
08-29-2011, 8:18 PM
Hm, one might question the utility of keeping m59/66 duckbill mags loaded and ready when the rifle needs to be broken down to remove the floorplate (iirc)... especially when a featured AK (with "Drug Testing Is A Crime" on the stock, no less!!!) and loaded mags are also handy. No mention of the two "assault" stripper clips yet. I see Glock mags but no Glock, and I'm not sure the relevance of the buttplate, scope, and 2 fired rifle cartridges, but I'm sure the police have a reason for seizing those as well...

sevensix2x51
08-29-2011, 8:19 PM
Doesn't matter... all I see there is rifle ammo.


Little blow darts? Interesting.
The blow gun is a violation, don't think the "ammo" is.

The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

I'm about 95% certain those darts are for a pellet gun, fwiw. I could be wrong, but that's my guess. They sure look ominous in the photo, however.

cbaer5
08-29-2011, 8:28 PM
is there a bigger photo Im missing? where do you see a black tip? I cant see anything as far as the tips are concerned.

Anchors
08-29-2011, 8:32 PM
I will not be donating to the fund to replace his guns based on the AK unless it is a RAW.

Breaking the (very stupid) law makes us all look bad and sets us back.

flyingcaveman
08-29-2011, 8:41 PM
I don't see a BB on that AK...looks like a good arrest...

It could be a .22lr one. Those are the only ones I've seen with nice wood like that.

Chosen_1
08-29-2011, 8:42 PM
The AK looks like a Norinco 56 aka banned by name. Am I right?

TRICKSTER
08-29-2011, 8:42 PM
is there a bigger photo Im missing? where do you see a black tip? I cant see anything as far as the tips are concerned.
The "black tip" is on the 30-06 round in the middle of the bottom row.
The darts are for a pellet/bb pistol. I have one that came with the darts and a dart board.

Ford8N
08-29-2011, 8:54 PM
The AK looks like a Norinco 56 aka banned by name. Am I right?

Definitly Chinese. Bad Juju for him.

bwiese
08-29-2011, 9:16 PM
I don't see a BB on that AK...looks like a good arrest...

Really?
Could be rimfire or manually cycleable....

Caladain
08-29-2011, 9:16 PM
By the way they laid things out, trying to fill up the desk space...i'd say they got nothing exciting and are trying to drum up a bit of public relations.

Look at us! We're relevant!

The SKS might or might not be good to go..we need more info. The AK might be a RAW, or there might be a story behind it (it was his dad's raw, dad gave it to him thinking it was okay, etc)..again, more info needed.

Given the random collection of rounds, i'd say they scraped the bottom of his range bag looking for anything they could put on the table.

Cokebottle
08-29-2011, 9:19 PM
The SKS might or might not be good to go..we need more info.
I see Duckbill mags, but the low capacity mag is in the gun and there's no constructive possession issues.

But if the AK and SKS are RAW, then the whole point is moot... everything on that table is legal except for the grenade infraction.

philobeddoe
08-29-2011, 9:26 PM
He's got the thirty round detachable magazines for the SKS, for him to use them the rifle must be registered as an assault weapon with the state, and I know nothing of the legality of possessing both the detachable magazines and an unregistered SKS contemporaneously, or if that is the case here in the matter at hand.

Additionally, one of the magazines appears loaded - by whom we cannot say - so it is potentially prima facie evidence of use, should charges be brought ... as far as I know.

Cokebottle
08-29-2011, 9:45 PM
He's got the thirty round detachable magazines for the SKS, for him to use them the rifle must be registered as an assault weapon with the state, and I know nothing of the legality of possessing both the detachable magazines and an unregistered SKS contemporaneously, or if that is the case here in the matter at hand.
No constructive possession under California AW laws.
You can have all of the large capacity magazines you'd like to have so long as they are not physically installed in a fixed-magazine semiautomatic, centerfire rifle.
Additionally, one of the magazines appears loaded - by whom we cannot say - so it is potentially prima facie evidence of use, should charges be brought ... as far as I know.
It's not illegal to load cartridges into a magazine.
It is not illegal for him to take his guns to Arizona and use the magazines there.

But either way, the magazines could be used in the AK if it is registered... and if it's not registered, then it's a felony as we see it in the picture.

Given that he's not being charged, it must be registered.

philobeddoe
08-29-2011, 9:50 PM
thanks!

FXR
08-29-2011, 10:14 PM
He's got the thirty round detachable magazines for the SKS, for him to use them the rifle must be registered as an assault weapon with the state, [snip]

If it's in fact an SKS marked rifle, it would be a listed banned semi-auto if configured with a detachable magazine, which it's currently not. (It's configured as a fixed mag and featureless, how's that for redundancy?) But if it's a Yugo Zavasta (sp?) M59/66 Carbine, which is a common SKS-pattern OLL, it's no different from a featureless AR build on an OLL. The wood looks more like Yugos I've seen than the Chinese, and it has the Yugo bayonet, although it is missing the standard Yugo grenade launcher muzzle device, so who knows.

ColdDeadHands1
08-29-2011, 10:29 PM
Oooooooooohhhhhhh! Look at all those bullets lined up in a row on the table! So dangerous and scary. Thank God for the police! They really saved a lot of babies and kittens with this one.

vincewarde
08-29-2011, 10:29 PM
The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

Thanks - that was going to be my question.

77bawls
08-29-2011, 10:34 PM
Doesn't matter... all I see there is rifle ammo.


Little blow darts? Interesting.
The blow gun is a violation, don't think the "ammo" is.

The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

Say what???? :eek:

nick
08-29-2011, 10:34 PM
what is there definition of armor piercing?

Ammo designed for piercing ammo. However, the prohibition on possession of it only applies to handgun ammo.

nick
08-29-2011, 10:36 PM
So it's illegal to have green tip ammo?

Nope, it's rifle ammo. Rifle ammo is ok, it's handgun armor-piercing ammo that's BAAAAD.

WTSGDYBBR
08-29-2011, 10:41 PM
He had blow darts in that box lol

nick
08-29-2011, 10:42 PM
No constructive possession under California AW laws.
You can have all of the large capacity magazines you'd like to have so long as they are not physically installed in a fixed-magazine semiautomatic, centerfire rifle.

It's not illegal to load cartridges into a magazine.
It is not illegal for him to take his guns to Arizona and use the magazines there.

But either way, the magazines could be used in the AK if it is registered... and if it's not registered, then it's a felony as we see it in the picture.

Given that he's not being charged, it must be registered.

According to the article, he is being charged with AW possession.

Cokebottle
08-29-2011, 10:53 PM
According to the article, he is being charged with AW possession.
Awaiting a response from the DA on possible AW possession charges.

He has not been charged yet.

Shiboleth
08-29-2011, 10:54 PM
Oh noes! a "cache" of weapons. Those are the most scary kinds...

HKMadness
08-30-2011, 1:04 AM
Bad juju - :rofl:

Anchors
08-30-2011, 1:23 AM
Really?
Could be rimfire or manually cycleable....

I'm 100% sure that steel drum mag is not for rimfire ammunition and it is obviously for the rifle that it is pictured with. That leads me to believe the rifle is 7.62x39.
You're right, it could be manual, but lets be realistic here. Although they do exist, the only manual AKs that I've seen personally are PAR-1s. Nobody is going to use a drum mag with a rifle they have to cycle by hand. It defeats the fun of it haha.
Also, as someone else pointed out, that rifle appears to be a Norinco.

We'll see how it plays out, so far I'm going to say that at least the AW charge will stand (if charged).

It may be a RAW and it may be manual. But those just don't seem likely so far.

Riflelover
08-30-2011, 1:29 AM
Moral of the story, don't fire gunshots in your neighborhood. This is what got this guy into the mess to begin with, that is if he did it. If there had been no gunshots there would be no reason for a warrant to his house.

Yes there probably are better things that the police could be going after, but lets remember that someone was shooting shots in the neighborhood and that could lead to someone becoming injured or dead. Just something to think about.

oni.dori
08-30-2011, 1:56 AM
Doesn't matter... all I see there is rifle ammo.


Little blow darts? Interesting.
The blow gun is a violation, don't think the "ammo" is.

The grenades (assuming they are dummies).... per 12020(a) (and it's stated after, but not as a part of (a)(4) ) are an infraction IF it's a first offense and the guy is not a member of a criminal street gang.

Blow guns are illegal in CA? Since when? I see them for sale quite often here.

Nope, it's rifle ammo. Rifle ammo is ok, it's handgun armor-piercing ammo that's BAAAAD.

From what I have been told several times on this site by people who know much more than me, green tip 5.56 isn't classified as "armor piercing" in the first place, so it would be ok in a pistol anyways.

nick
08-30-2011, 2:06 AM
Awaiting a response from the DA on possible AW possession charges.

He has not been charged yet.

Ah, you're right. It does sound like they really aren't sure if he did anything illegal. No wonder, with the laws we have. Talk about unconstitutionally vague, or just unconstitutional.

philobeddoe
08-30-2011, 2:07 AM
Wait, what's the status on blow guns?

Munk
08-30-2011, 2:22 AM
Wait, what's the status on blow guns?

Blow guns are a definite no-go in CA. (http://law.justia.com/codes/california/2005/pen/12580-12583.html)

And that's just sad. I had some fun with them when I was younger; they're quite fun when you're nailing your stuffed animals to a wall from 25 feet.

Californio
08-30-2011, 9:32 AM
Another Link

http://www.noozhawk.com/article/082911_weapons_cache_in_carpinteria_home/

I don't like the Charge for UnRegistered Handgun. Many of us have unregistered handguns that have been in our families for years and passed before the current laws came into being or purchased PPT before current laws. This idea that if the arm is not in Big Brothers Database, so it must be illegal, needs to be corrected. I do know they charge everything but the kitchen sink as SOP, but guilty until proven innocent gets old. I wonder what Medical Issues he has that precluded arrest.

Wherryj
08-30-2011, 9:37 AM
Another article (http://santamariatimes.com/news/local/sheriff-s-deputies-seize-weapons-in-carpinteria/article_9f47b044-d288-11e0-ad83-001cc4c002e0.html) states that the grenades were practice grenades. There really isn't much to go on about the case.

True, but he had LOADED magazines AND A HANDGUN!!

hawk1
08-30-2011, 9:56 AM
I'm 100% sure that steel drum mag is not for rimfire ammunition and it is obviously for the rifle that it is pictured with. That leads me to believe the rifle is 7.62x39.
You're right, it could be manual, but lets be realistic here. Although they do exist, the only manual AKs that I've seen personally are PAR-1s. Nobody is going to use a drum mag with a rifle they have to cycle by hand. It defeats the fun of it haha.
Also, as someone else pointed out, that rifle appears to be a Norinco.

We'll see how it plays out, so far I'm going to say that at least the AW charge will stand (if charged).

It may be a RAW and it may be manual. But those just don't seem likely so far.

Same kind of thinking we get from state politicians...:rolleyes:

Here's another thread where calgunners went off the deep (http://www.calguns.net/calgunforum/showthread.php?t=179299). End result NOT GUILTY and rifles returned...

Window_Seat
08-30-2011, 10:11 AM
Are CGF Counsel working on this?

Erik.

Uxi
08-30-2011, 10:43 AM
What's with the single shotgun shell and the single, .50 BMG round? The bullet looks crooked from the case, too. What a pathetic display for the cops to line up that modest collection like that when there's probably only one thing illegal on that whole picture, depending on the grenades. lol.

Malicious and willful? Guess he fired out of spite? :crazy:

Caladain
08-30-2011, 10:54 AM
Do we know if he was even the one discharging the firearms?

The reports say that they determined it came from behind his house, and then they searched the house.

Could the discharges have been completely unrelated to him?

mjukis
08-30-2011, 1:09 PM
Additionally, one of the magazines appears loaded - by whom we cannot say - so it is potentially prima facie evidence of use, should charges be brought ... as far as I know.

Wait... wouldn't a full magazine be evidence of NOT using it? :rolleyes:

hawk1
08-30-2011, 1:44 PM
Wait... wouldn't a full magazine be evidence of NOT using it? :rolleyes:

Nice catch!

Like in having a full bottle of whiskey is potentially prima facie evidence of DUI?
Some people and their skewed thinking amaze me...:facepalm:

newbee1111
08-30-2011, 3:42 PM
Sorry, stupid newbie question, I know it was brought up before but I want to make sure I understand it. Is possession of green tip 45 ACP ammunition illegal? What exactly does the green tip signify?

Kid Stanislaus
08-30-2011, 3:47 PM
Due to his cooperation in the investigation and his medical condition, McDonald was not booked.

Interesting

Intriguing.

todd2968
08-30-2011, 3:53 PM
Practice grenades are illegal. I'm pretty sure .50cal round are also. AK w/o a bullet button. Makes you wonder how they got a warrant for shots fired.

hawk1
08-30-2011, 3:53 PM
Sorry, stupid newbie question, I know it was brought up before but I want to make sure I understand it. Is possession of green tip 45 ACP ammunition illegal? What exactly does the green tip signify?

No, possession is legal.

Green tip denotes M855 ammo with the SS109 62 grain bullet which has a steel penetrator core.
Green color helps to indicate the type of round and not confuse it with another 5.56 round

jwkincal
08-30-2011, 3:56 PM
If it is .45 ACP and it has a steel penetrator is it not "armor-piercing handgun ammunition?"

Isn't M855 the 62gr 5.56 NATO stuff?

SickofSoCal
08-30-2011, 3:56 PM
I like the "drug testing is crime" sticker.

Another mostly harmless person being hassled by The Man I'm sure.

gunn
08-30-2011, 3:56 PM
Besides the potential RAW violation, the grenades are also suspect if they aren't totally deactivated. I wonder if the clown was plinking with his bb gun or dart gun as I can't imagine a guy shooting off his AK in the middle of a town.
-g

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any ... metal military practice
handgrenade or metal replica handgrenade...

(4)...However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1).

(b) Subdivision (a) does not apply to any of the following:..

(15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.

SickofSoCal
08-30-2011, 3:58 PM
"...a fully loaded drum magazine."

Since when is that illegal? Only in Cali?

SickofSoCal
08-30-2011, 3:59 PM
"unregistered handgun."

An old 1911? What's illegal about that?

jwkincal
08-30-2011, 4:03 PM
Practice grenades are illegal. I'm pretty sure .50cal round are also. AK w/o a bullet button. Makes you wonder how they got a warrant for shots fired.

It is not illegal to own .50 BMG ammo.

SickofSoCal
08-30-2011, 4:06 PM
.50 BMG can't be illegal.

Once time I saw them for sale at an army surplus store in Santa Maria.

SickofSoCal
08-30-2011, 4:07 PM
AK w/o a bullet button.

How do you know it is not a RAW?

ivsamhell
08-30-2011, 4:44 PM
I'm 100% sure that steel drum mag is not for rimfire ammunition and it is obviously for the rifle that it is pictured with. That leads me to believe the rifle is 7.62x39.
You're right, it could be manual, but lets be realistic here. Although they do exist, the only manual AKs that I've seen personally are PAR-1s. Nobody is going to use a drum mag with a rifle they have to cycle by hand. It defeats the fun of it haha.
Also, as someone else pointed out, that rifle appears to be a Norinco.

We'll see how it plays out, so far I'm going to say that at least the AW charge will stand (if charged).

It may be a RAW and it may be manual. But those just don't seem likely so far.


If he legally owned those magazines, it would be stupid to get rid of them, even if they aren't well suited for his firearms. At best it could be a lawful arrest, I wouldn't say good.

Meplat
08-30-2011, 6:40 PM
is there a bigger photo Im missing? where do you see a black tip? I cant see anything as far as the tips are concerned.

Right click. Save as. Manipulate at will.;)

Meplat
08-30-2011, 6:45 PM
He's got the thirty round detachable magazines for the SKS, for him to use them the rifle must be registered as an assault weapon with the state, and I know nothing of the legality of possessing both the detachable magazines and an unregistered SKS contemporaneously, or if that is the case here in the matter at hand.

Additionally, one of the magazines appears loaded - by whom we cannot say - so it is potentially prima facie evidence of use, should charges be brought ... as far as I know.

No constructive possession.

Cokebottle
08-30-2011, 7:41 PM
Blow guns are illegal in CA? Since when? I see them for sale quite often here.
You see those "knuckles" shaped like a cat for sale at gun shows too.

Doesn't make them legal.

I've seen quite a few blow guns confiscated by customs in San Ysidro.
I thought it was PC12020, but I'm not finding it there (only darts/flechettes fired by a gun).
But there are other PC sections that cover prohibited weapons... and I've spent the last hour looking and can't find it :o

Cokebottle
08-30-2011, 8:01 PM
Practice grenades are illegal. I'm pretty sure .50cal round are also. AK w/o a bullet button. Makes you wonder how they got a warrant for shots fired.
.50cal rounds are NOT illegal.

A .50BMG rifle is covered by one of California's gun bans.
A .50BMG pistol is not banned.
A .50BMG crew-serviced (tripod mounted, spade grips) is not banned.

.50 cal ammo is not restricted in California.
It is restricted by some municipalities including Lost Angeles.

Ron-Solo
08-30-2011, 9:37 PM
There is definitely not enough info in the photo or article to determine anything. I'm more curious about the investigation into the allegation of the illegal shooting and what info they had to get the warrant. My guess is that the investigating agency is keeping that info close to the vest because it is an ongoing investigation.

FYI, it is common to due an investigation, serve warrants, etc, without arresting someone.

Once you make the arrest, the clock starts on filing charges and arraignment. If the investigation is complex, or the investigator is thorough, the more time available the better.

I worked with a detective who would almost always wait until he filed the case with the DA before making the arrest, unless there was a flight risk. He had a very high conviction rate on his cases.

dantodd
08-30-2011, 9:42 PM
Sometimes things are what they look like.

Cokebottle
08-30-2011, 9:52 PM
Once you make the arrest, the clock starts on filing charges and arraignment. If the investigation is complex, or the investigator is thorough, the more time available the better.
IOTW: "We're not arresting you, don't leave town"

Would they put an unmarked on him, or only if they felt he was a flight risk?

curtisfong
08-30-2011, 9:55 PM
Prosecutors will be using this as a guide

http://nyet.org/images/firearms-guide.jpg

timdps
08-30-2011, 10:15 PM
.50cal rounds are NOT illegal.

A .50BMG rifle is covered by one of California's gun bans.
A .50BMG pistol is not banned.
A .50BMG non-rifle is not banned.


Fix in bold. Crew served/tripod means nothing in CA law. It is the fact that M2HB and Dshk (chambered in .50 BMG) are not rifles (firearms designed to be fired from the shoulder) that makes them legal to own in CA .

Tim

Meplat
08-31-2011, 2:09 AM
.50cal rounds are NOT illegal.

A .50BMG rifle is covered by one of California's gun bans.
A .50BMG pistol is not banned.
A .50BMG crew-serviced (tripod mounted, spade grips) is not banned.

.50 cal ammo is not restricted in California.
It is restricted by some municipalities including Lost Angeles.

So, if I pick up a fifty BMG round that Patton's bunch left laying out on the East Mesa in Imperial County, and drive through LA on the way home, I'm braking the law? I thought firearms laws could only be legislated by the state in CA?:confused:

SGT Loco
08-31-2011, 12:48 PM
So, if I pick up a fifty BMG round that Patton's bunch left laying out on the East Mesa in Imperial County, and drive through LA on the way home, I'm braking the law? I thought firearms laws could only be legislated by the state in CA?:confused:

LA likes to legislate what can and cannot be bought/sold in LA. I don't think they can legislate what passes through. Which leads to stupid **** like not being able to buy most subcompacts in any LA incorporated city, but if you stroll over to Pasadena and buy it, it's all kosher.

jaandrade3rd
08-31-2011, 1:01 PM
The article mentions that shots were fired from two different block addresses. I'm guessing that they found the projectiles and did some of that CSI stuff and the trajectories led them to the Carpinteria man's home as well as some other possible addresses. It only happens that their search of this man's home produced a cache of weapons. I'm sure they will run some ballistic tests to confirm whether his weapons were the ones used in the two shots fired incidents. It very well be that he may be a victim of circumstances if it is proven that his weapons were not discharged illegally.

GOEX FFF
08-31-2011, 1:14 PM
everything on that table is legal except for the grenade infraction.


If they have been permanently filled with an inert substance (ie epoxy... or other permanent inert filler) then its a non issue...unless of course, as mentioned if one is part of a street gang...etc...

Wherryj
08-31-2011, 1:33 PM
Do we know if he was even the one discharging the firearms?

The reports say that they determined it came from behind his house, and then they searched the house.

Could the discharges have been completely unrelated to him?

Is there proof that there were any discharges in the neighborhood, or is it possible that this is similar to the SLO case, but the officers didn't have a drunk next door neighbor to call in a "shots fired" complaint against the guy that the department had "a thing" for?

Wherryj
08-31-2011, 1:40 PM
IOTW: "We're not arresting you, don't leave town"

Would they put an unmarked on him, or only if they felt he was a flight risk?

There was a doc in a town neighboring my own who was told something along this line. After a few spot lights on "America's Most Wanted", a couple of years and the extradition they finally did arrest him.

Fictitious Simily
08-31-2011, 1:51 PM
I'm about 95% certain those darts are for a pellet gun, fwiw. I could be wrong, but that's my guess. They sure look ominous in the photo, however.

Yup, they are for shooting a dartboard.

Overbear
08-31-2011, 2:36 PM
I have to wonder if I know the guy, I grew up in Carpineria, and I know well the area they are talking about.

Patrick-2
08-31-2011, 3:45 PM
I don't see a BB on that AK...looks like a good arrest...

The items discovered during an arrest do not render the arrest "good" or lawful. The outcome has nothing to do with the cause of the arrest. It's not a scorecard.

The question of whether the search/seizure/arrest is "good" or lawful is whether there was sufficient cause to perform them in the first place. If the police heard that "someone was shooting in the general area" and just ran to the home of the local gun nut, they acted impulsively and without cause. The search is unwarranted (ignoring the fact the defendant could have given permission).

If they had reasonable cause to search, then that is another matter.


But in no case does the fact they found "contraband" contribute to a determination that a search was correct from a constitutional standpoint.

Sorry to be so pedantic about the text of your post.

Cokebottle
08-31-2011, 7:02 PM
So, if I pick up a fifty BMG round that Patton's bunch left laying out on the East Mesa in Imperial County, and drive through LA on the way home, I'm braking the law? I thought firearms laws could only be legislated by the state in CA?:confused:
Yes and no.

LA's ban covers purchase/sale, but not possession.

And in general there is state preemption, but cities and counties can place restrictions on commercial transfers.

Cokebottle
08-31-2011, 7:04 PM
The article mentions that shots were fired from two different block addresses. I'm guessing that they found the projectiles and did some of that CSI stuff and the trajectories led them to the Carpinteria man's home as well as some other possible addresses. It only happens that their search of this man's home produced a cache of weapons. I'm sure they will run some ballistic tests to confirm whether his weapons were the ones used in the two shots fired incidents. It very well be that he may be a victim of circumstances if it is proven that his weapons were not discharged illegally.
Been watching too much CSI.

For the most part, everything you see on that show after "Good morning" is impossible.

SickofSoCal
08-31-2011, 7:08 PM
I just love how they lay everything out on that table, like they've busted some horrible gangs headquarters or something.

There's a lot more to this story than we know. For instance, what is his medical condition exactly?

Burbur
08-31-2011, 8:54 PM
At least they didn't call it an arsenal.

jdberger
08-31-2011, 10:50 PM
FYI - it's not a 1911. It's a HiPower. You can see the wide grip. You can also see the dimple on the bottom of the magazine bodies.

There's much more to this story. I'm betting that the charges will be dropped.

Ron-Solo
09-01-2011, 12:41 AM
IOTW: "We're not arresting you, don't leave town"

The only time I've ever heard that one was on TV.

Would they put an unmarked on him, or only if they felt he was a flight risk?

if they thought he was a flight risk, and they had PC to arrest, they'd just pop him and let the clock start running. Surveillance would only be used for something major. It takes a lot of manpower and is very costly.



The reason for not arresting is to get more time to do a complete investigation. Who knows, maybe they guy has a plausible explanation for things?

Anchors
09-01-2011, 1:03 AM
The items discovered during an arrest do not render the arrest "good" or lawful. The outcome has nothing to do with the cause of the arrest. It's not a scorecard.

The question of whether the search/seizure/arrest is "good" or lawful is whether there was sufficient cause to perform them in the first place. If the police heard that "someone was shooting in the general area" and just ran to the home of the local gun nut, they acted impulsively and without cause. The search is unwarranted (ignoring the fact the defendant could have given permission).

If they had reasonable cause to search, then that is another matter.


But in no case does the fact they found "contraband" contribute to a determination that a search was correct from a constitutional standpoint.

Sorry to be so pedantic about the text of your post.

No, I actually see where you're coming from. I just meant that I think the charge is valid. I didn't mean to offer any insight into or whether not the contraband was obtained correctly or not simply because I don't know. But you're right, it isn't an all around "good" arrest yet because there are still several unknown factors.
But I do think that the charge for possession of illegal assault weapon is valid (whether or not that information was obtained properly or improperly is not yet known).

Prosecutors will be using this as a guide

http://nyet.org/images/firearms-guide.jpg

That never gets old haha.

Goes well with the always classic:

http://i874.photobucket.com/albums/ab302/rtraynor/CaliforniaPoliticianFirearmsIdentificationGuide.jp g

Patriot Man
09-05-2011, 2:55 PM
Hm, one might question the utility of keeping m59/66 duckbill mags loaded and ready when the rifle needs to be broken down to remove the floorplate (iirc)... especially when a featured AK (with "Drug Testing Is A Crime" on the stock, no less!!!) and loaded mags are also handy. No mention of the two "assault" stripper clips yet. I see Glock mags but no Glock, and I'm not sure the relevance of the buttplate, scope, and 2 fired rifle cartridges, but I'm sure the police have a reason for seizing those as well...

Yep- I agree about the SKS- why keep a loaded mag verses unloaded. If put in that gun it's a felony. Seems pretty stupid way to store it. Would assume the AK is not a .22 replica as the mags for it are there and loaded and no BB on the AK with a unfinned pistol grip- if he had a Kydex or MM conversion he would be good presumably.

Cokebottle
09-05-2011, 3:29 PM
Yep- I agree about the SKS- why keep a loaded mag verses unloaded. If put in that gun it's a felony.
But no constructive possession, it is NOT illegal if it is not in the gun, and....
Seems pretty stupid way to store it. Would assume the AK is not a .22 replica as the mags for it are there and loaded and no BB on the AK with a unfinned pistol grip- if he had a Kydex or MM conversion he would be good presumably.
The guns may be 100% legal RAW that he possessed prior to the ban.

If that's the case, he can put a 10,000rd drum into the SKS or the AK, and the AK does not need a maglock.


We don't know.

FXR
09-05-2011, 4:39 PM
Yep- I agree about the SKS- why keep a loaded mag verses unloaded. If put in that gun it's a felony. Seems pretty stupid way to store it. Would assume the AK is not a .22 replica as the mags for it are there and loaded and no BB on the AK with a unfinned pistol grip- if he had a Kydex or MM conversion he would be good presumably.

I wasn't saying the mags were legally questionable - just that it would be slow to attach them since I think it's a ~5 minute procedure to remove the floorplate so that the duckbill mags can attach. For any practical readiness, a loaded stripper clip would be far faster. (Or leave the floorplate off, or reach for the AK.) No problem with using a detachable magazine of any capacity unless the SKS-pattern rifle is marked SKS.