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View Full Version : OC arms dealer with AK-47s, rocket launchers escapes prosecution


ask80
03-22-2007, 12:12 PM
http://www.ocweekly.com/news/news/andy-get-your-gun/26857/

Andy Sun stands six feet, two inches tall and weighs 225 pounds—but thanks to a state appellate court there are thousands of additional reasons not to piss off the Laguna Niguel international arms dealer.

Sun is now immune from prosecution for possessing 510 illegal assault weapons and more than 23,000 rounds of ammunition—enough to keep FBI agents at bay for days. Stuffed inside his home closets, his garage and his office, Sun had anti-tank rockets, scores of AK-47 machine guns, high-powered scopes and lasers, rocket-propelled grenade launchers as well as Yugoslavian, Albanian, Bulgarian, Romanian, American and Chinese-made shotguns, rifles and handguns.

The 51-year-old married father of two even owned a Cobray .37 millimeter collapsible explosives launcher with a pistol grip (but no serial number), an m1919 Browning machine gun with a tripod, and 500 AK-47 magazines. Crates were loaded with 150 Omega SPS-12 assault shotguns. Though in 2001 Sun got prosecutors to drop a charge that he’d impersonated police, three years later he still had a California Highway Patrol officer’s badge—number 5838—in his desk, according to search warrant evidence reviewed by the Weekly.

Much of Sun’s stash—which he offered for sale on the Internet but was confiscated by the state—is illegal under California’s anti-assault weapons ban. In 2004, an Orange County grand jury indicted Sun on 55 counts including unlawful possession of the weapons and high-capacity bullets and also child endangerment. Prosecutors say many of the lethal assault rifles were stored at home—some near his front door; others under a tarp—but all within easy reach of Sun’s children, ages 10 and 14.

But Superior Court Judge Francisco Briseño nixed the case in 2005, barring local prosecutors from introducing evidence that Sun possessed the illegal weapons. Briseño’s rationale: not only did federal law allow the same weapons California had banned, it blocked state police officers from using federal gun registration records to initiate criminal cases. The judge noted that the state search warrant had been based solely on a tip from a federal Alcohol, Tobacco, Firearms & Explosives [ATF&E] agent who had inspected Sun’s stockpile.

With the backing of California Attorney General Bill Lockyer, District Attorney Tony Rackauckas appealed. Deputy District Attorney Brian Gurwitz said only criminals would benefit if various levels of law enforcement couldn’t share weapons data. Besides, argued Gurwitz, the fruits of the Sun search warrant—even if technically flawed—should be allowed because police investigators had acted in “good faith.”

But Paul S. Meyer, Sun’s defense lawyer, said his client was not selling the weapons to California residents and shouldn’t be punished for complying with federal law.

“He wasn’t hiding anything,” Meyer said. “A warrantless federal compliance inspection was conducted at Sun’s business solely by the ATF&E. He was required to submit. No California authorities participated [so they can’t use the information].”

This month a three-judge state Court of Appeal panel agreed with Briseño’s decision to kill the case. Acknowledging that Sun owns “an amazingly large inventory of assault weapons,” the justices nevertheless ruled Congress had specifically shielded arms dealers--even when they possessed assault weapons that are illegal in California. ?“Local law enforcement obtained information from [a federal] law enforcement agent who, under the authority which granted him the power to inspect, also was ordered to keep confidential and privileged all information obtained from the entity he inspected,” wrote Presiding Judge David Sills. “Suppression of the fruits of the search was proper.”

Gurwitz says the DA’s office is considering an appeal to the state Supreme Court.

“The court interpreted the federal statue in an overbroad manner never intended by Congress,” he said.

ask80
03-22-2007, 12:12 PM
man he sure is lucky to have all those toys. :(

GlockComa
03-22-2007, 12:23 PM
Damn! Talk about an arsenal. Guess Mr. Sun there knew that the zombies were going to attack anytime soon. Haha time to go find this guy now and see what he has left hahahaha.

AJAX22
03-22-2007, 12:23 PM
Think they'll have to let him keep them?

I wonder why he didn't get charged federally on the rocket launchers and MG's... Even if they were legal and he transported them between states without the proper paperwork, that'd be a federal charge not a state charge wouldn't it?

blacklisted
03-22-2007, 12:25 PM
My guess is that the rocket launchers are deactivated, and the "machine guns" are actually semi-automatic. It's also possible that this guy is a SOT. It does say that the BATFE inspected the firearms.

And what the hell is a high-capacity bullet?

ETA: The ".37 millimeter collapsible explosives launcher with a pistol grip" is surely a 37mm Cobray Flare Launcher.

formerTexan
03-22-2007, 12:39 PM
Cobray .37 millimeter collapsible explosives launcher with a pistol grip (but no serial number)

Sounds like a flare launcher to me... the writer obviously does not know what he is talking about, or is trying over embellish the article to make it sound scarier that it is.

SemiAutoSam
03-22-2007, 12:48 PM
This article and a lot of articles throughout the country are some of the reasons that I have always and will always state that the liberal media has an agenda. And part of that agenda is scaring the soccer moms and other members of the general public buy writing these kind of articles.

The soccer moms call up their reps screaming enact more gun laws and then the reps can push on with their agenda of taking the guns away from us.

Is that simple enough or do some of you also see it that way as well ?

pepsi2451
03-22-2007, 12:50 PM
Cobray .37 millimeter collapsible explosives launcher with a pistol grip (but no serial number)

Sounds like a flare launcher to me... the writer obviously does not know what he is talking about, or is trying over embellish the article to make it sound scarier that it is.

But it had a pistol grip, doesn't that let it shoot explosives without having to reload?:eek:

SemiAutoSam
03-22-2007, 1:02 PM
Only If you are aligned with the Alison Maralees view of reality.

But it had a pistol grip, doesn't that let it shoot explosives without having to reload?:eek:

Pvt. Cowboy
03-22-2007, 1:14 PM
... Acknowledging that Sun owns “an amazingly large inventory of assault weapons,” the justices nevertheless ruled Congress had specifically shielded arms dealers--even when they possessed assault weapons that are illegal in California.

:eek:

Am I the only one who caught this line?

Did the CA state court of appeals just rule that a Californian can legally possess unregistered 'assault weapons' if they've got an FFL?!

Now I see the reasoning behind this Calguns thread:

AB 2521 July 08 FFL's must obtain DOJ permission (http://www.calguns.net/calgunforum/showthread.php?t=52155)

socalsteve
03-22-2007, 1:23 PM
It sounds that way...but its not over yet is it?

BTW, I wonder if he ever got any of the confiscated items back!

Rem1492
03-22-2007, 2:12 PM
Dang Cowboy, good memory to link that up.
I also noticed the embellishment on the 37mm anti aircraft nuclear explosive launcher.
I also wonder if the AK-47s were not simply MAK-90s or parts kits, as many of us have a pile of AK-47s in bags, albeit, not assembled and all cut up, but to the average tard, they look like a gun.
Once one part of the story loses credibility the rest starts to crumble and look suspicious as well.

Fjold
03-22-2007, 2:32 PM
Acknowledging that Sun owns “an amazingly large inventory of assault weapons,” the justices nevertheless ruled Congress had specifically shielded arms dealers--even when they possessed assault weapons that are illegal in California.


Hey Wes, what kind of new toys are you going to buy?

oaklander
03-22-2007, 6:11 PM
here's his indictment:

http://ag.ca.gov/newsalerts/cms04/04-057.pdf

COA decision:

http://www.courtinfo.ca.gov/opinions/documents/G035328.PDF

Rem1492
03-22-2007, 7:31 PM
The decision is lengthy, you may want to just scroll to the last 4 paragraphs, its not about guns really but a check on government power, I have a feeling the judges don't like the Patriot act and this is their way of saying it.