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View Full Version : Hypothetical speaking, illegal assault weapon+ more.


brianm767
04-15-2012, 1:27 AM
Let's say hypothetically speaking you were caught with a banned by name assault rifle that has a thumbhole , high cap inserted in mag well when the cops roll up on you no BB.

Just how much trouble would you be in?

What if the ban name did not have the word sporter on it, but the rifle actually did after the ban name? Would that make any difference.

freonr22
04-15-2012, 1:45 AM
Banned by name is banned by name. Or it's not banned by name. The rest are felonies by count, ie thumb hole stock 30 rd in non reg featured aw. But the mags aren't, if u had them before 2000. So. Stfu, and call the cgf. If u need the number pm wildhawker, Bwiese or hoffmang. Or google or pme me, I will google for u. Delete this post if real.

far from tactical
04-15-2012, 1:50 AM
Hello felony ..... That's all I have to say

brianm767
04-15-2012, 2:00 AM
Banned by name is banned by name. Or it's not banned by name. The rest are felonies by count, ie thumb hole stock 30 rd in non reg featured aw. But the mags aren't, if u had them before 2000. So. Stfu, and call the cgf. If u need the number pm wildhawker, Bwiese or hoffmang. Or google or pme me, I will google for u. Delete this post if real.

Just courious, no one I know would ever do this, hypothetical situation only. We all know that these issues are felonies, but what kind of punishment normally follows?

Has there been any challenges or cases in the courts yet involving guns such as the MAK-90 VS MAK-90 Sporter?

freonr22
04-15-2012, 2:20 AM
So, are your questions answered?

Quiet
04-15-2012, 3:12 AM
Banned by name?
If you can prove you owned it prior to the ban and forgot to register it, it can be plead down to a misdemeanor (fine + can not own/possess firearms for 10 years).

If not, felony (fine + 1-3 year imprisonment + can never own/possess firearms/ammo).

Outta Control
04-15-2012, 4:19 AM
....But the mags aren't, if u had them before 2000...\

From what I was told by a credible source possession of a 30 round mag is not a crime. Selling, importing, and manufacturing is.

TreeHugger
04-15-2012, 6:37 AM
If true and need be, may want to contact Donald Kilmer (civil attorney) (http://www.dklawoffice.com/). Most other attorneys you'll find will charge about 1/2 the price, and will say "yes, they can go to court and probably win", don't waste money on them.

From what I was told by a credible source possession of a 30 round mag is not a crime. Selling, importing, and manufacturing is.

Straight from the DOJ's mouth

"If I have a large-capacity magazine, do I need to get rid of it?

No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers."

Hi cap mags that you acquired after 1/1/2000 is a crime for most

* How did it come into your possession, did you buy or was it given/loaned to you?
* If purchased as parts kit, did you assembled/manufactured it?

saltyesq
04-15-2012, 8:54 AM
Let's say hypothetically speaking you were caught with a banned by name assault rifle that has a thumbhole , high cap inserted in mag well when the cops roll up on you no BB.

Just how much trouble would you be in?

What if the ban name did not have the word sporter on it, but the rifle actually did after the ban name? Would that make any difference.

Depends on the courthouse.

Most DA's are clueless about gun laws and they think everything is an illegal assault weapon or machine gun (which makes it more difficult and costly)

More importantly, why would you risk your gun rights? It's not worth it!

Sicarius
04-16-2012, 2:12 AM
Hypothetically you would be looking at several felonies.
Kevin

Outta Control
04-16-2012, 6:46 AM
If true and need be, may want to contact Donald Kilmer (civil attorney) (http://www.dklawoffice.com/). Most other attorneys you'll find will charge about 1/2 the price, and will say "yes, they can go to court and probably win", don't waste money on them.



Straight from the DOJ's mouth

"If I have a large-capacity magazine, do I need to get rid of it?

No. Continued possession of large-capacity magazines (able to accept more than 10 rounds) that you owned in California before January 1, 2000, is not prohibited. However as of January 1, 2000, it is illegal to buy, manufacture, import, keep for sale, expose for sale, give or lend any large-capacity magazine in California except by law enforcement agencies, California peace officers, or licensed dealers."

Hi cap mags that you acquired after 1/1/2000 is a crime for most

* How did it come into your possession, did you buy or was it given/loaned to you?
* If purchased as parts kit, did you assembled/manufactured it?

As I stated, possession is not a crime. Not going to debate this but how can DOJ prove you purchased it after 2000. How can they prove you assembled a kit in California.

Just for your edification I got my info from a person who, "...a court certified expert in Illegal Weapons, and serves as a subject matter expert for the State of California in the areas of Firearms ..."

BradleyAbrams
04-16-2012, 7:00 AM
Just courious, no one I know would ever do this, hypothetical situation only. < snip >

Has there been any challenges or cases in the courts yet involving guns such as the MAK-90 VS MAK-90 Sporter?


This.


Inquiring Minds want to know....


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Arson
04-16-2012, 7:29 AM
You might spend some quality time with Buba while the DA and your Attorney figure things out.

Librarian
04-16-2012, 10:24 AM
No.

There have been no changes in the law.

There are no lawsuits challenging the 'named' list. (MAK-90 etc)

There IS a lawsuit challenging the law on 'vagueness' - Richards v Harris (http://wiki.calgunsfoundation.org/Richards_v._Harris).

PENALTIES - PC 30600 (a) Any person who, within this state, manufactures or causes to be
manufactured, distributes, transports, or imports into the state,
keeps for sale, or offers or exposes for sale, or who gives or lends
any assault weapon or any .50 BMG rifle, except as provided by this
chapter, is guilty of a felony, and upon conviction shall be punished
by imprisonment in the state prison for four, six, or eight years.
Possession - PC 30605 (a) Any person who, within this state, possesses any assault weapon,
except as provided in this chapter, shall be punished by imprisonment
in a county jail for a period not exceeding one year, or by
imprisonment in the state prison.

Closed.