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ap3572001
08-03-2007, 10:45 PM
Just an opinion on this one. When it comes to assault weapons, does is DOJ talking about possesion or ownership? For example: I may OWN an assault rifle ( or several) . Own, as have a control of them. Be able to get to them ( quickly) . But NOT posses them in my residence. Are You in a violation only if You HAVE them on Your person?

slick_711
08-03-2007, 10:52 PM
Assuming you're talking about things that are not registered, you may not possess them (or own them) within the state of California. That means you may not have them on your person, in your home, or anywhere else in CA.

If I'm reading you right you're suggesting (i.e.:) you may have an AW in the neighbors shed and its "yours" but not in your possession? That is a felony.

If you had a 2nd residence or place of storage, you could own an AW outside CA, but you may never bring it into the state, and good luck finding an out of state dealer willing to sell an AW to someone with a CA DL.

bwiese
08-03-2007, 11:14 PM
Just an opinion on this one. When it comes to assault weapons, does is DOJ talking about possesion or ownership? For example: I may OWN an assault rifle ( or several) . Own, as have a control of them. Be able to get to them ( quickly) . But NOT posses them in my residence. Are You in a violation only if You HAVE them on Your person?

If you have a *registered* assault weapon, you can own, retain and use/transport (with certain restrictions) it in California.

If you have a firearm that is considered an assault weapon (either by make/model, or configured features suite) and it has not been specially registered to you as an assault weapon during the Roberti-Roos registration periods in the early 90s or SB23 in 2000, then it is illegal for you to possess within California. You can continue to own it outside CA... it IS legal for you to own that unregistered assault weapon in a free state such as Nevada and many folks who didn't want to reg their AWs moved and store(d) their guns there. The DOJ has even told folks if they don't wanna register to move it outta state.

Simple possession of an unregistered assault weapon (12280(B) PC) in CA is a wobbler - though often charged as a felony - and there is now (due to AB2728) an alternate civil nuisance penalty (lose the gun, pay $300 fine instead of having criminal charges filed).

Transportation, manufacture illegal sale/transfer, 'loan' to a minor (whether registered or not, and 'loan' here means you can't even allow your kid to shoot it in CA) of unregistered AWs are covered in 12280(a) PC and are felonies.

Many folks make the mistake of taking an unreg'd AW and attempting to transport it out of CA. One busted taillight or traffic stop and what coulda been a misdemeanor or nuiscance turns into a felony 12280(a) charge.

Liberty1
08-04-2007, 12:32 AM
:eek:Just curious, do either of these things (busted tail light, routine traffic stop) give an officer probable cause to search the trunk of your vehicle?

Read this: http://www.flexyourrights.org/traffic_stop_scenario

No. Absent a reason to arrest you for a traffic misdemeanor or other crime(then the officer gets to do an "inventory" of the impounded vehicle including the trunk) or your consent to a search, he would need a warrant. If you admit to having a firearm in the trunk the officer can demand to inspect it per PC 12031 to insure it is unloaded if you are in an incorporated city or discharge prohibited area of unincorporated territory. The section of 12031 that allows officers to inspect firearms violates the protections of the 4th (search prohibited) and 5th (self incrimination) amendments and should be struck down.

If ever anyone is being questioned by LEO you should always know where you stand by asking, "Am I being detained?" and stating, "I don't consent to any searches".

matarlegoate
08-04-2007, 6:44 AM
:eek:

If ever anyone is being questioned by LEO you should always know where you stand by asking, "Am I being detained?" and stating, "I don't consent to any searches".

Well, if you were stopped during a traffic stop, then you have already been detained. So asking the officer repeatedly "Am I being detained." Just makes you sound like a moron- especially after the officer again says 'Yes' and you keep asking the question.

HK fan
08-04-2007, 8:59 AM
:eek:

Read this: http://www.flexyourrights.org/traffic_stop_scenario

No. Absent a reason to arrest you for a traffic misdemeanor or other crime(then the officer gets to do an "inventory" of the impounded vehicle including the trunk) or your consent to a search, he would need a warrant.

the officer does not need a warrant to search a vehicle if he feels he has probable cause... vehicle exemption of search warrants.

tiki
08-04-2007, 9:22 AM
the officer does not need a warrant to search a vehicle if he feels he has probable cause... vehicle exemption of search warrants.

The key phrase being "Probable Cause".

Would anyone here be willing to sit down and play a game of cards for money without knowing the rules against someone that has been playing cards for years and has most of the rules and strategy memorized?
No?
I didn't think so. Thats what you are doing if you don't know your rights.
So, why not spend $10 and learn the rules?

I would suggest everyone buy a copy of the book "You and the Police." (http://www.amazon.com/You-Police-Boston-T-Party/dp/1888766093/ref=pd_bbs_sr_1/102-8502053-3510539?ie=UTF8&s=books&qid=1186247529&sr=8-1)

I am the only one in my family that is a firearms enthusiast, however, for christmas this year, everyone is getting a copy.

Jicko
08-04-2007, 9:52 AM
Well, if you were stopped during a traffic stop, then you have already been detained. So asking the officer repeatedly "Am I being detained." Just makes you sound like a moron- especially after the officer again says 'Yes' and you keep asking the question.

Just like any potential DUI cases or traffic stop, it is YOUR RIGHT to not answer any questions and not consent to searches.

Being a moron is OK, giving them probable cause to arrest and/or to give them evidence against you is NOT.

They can ALWAYS lie to get the probable cause they needed.... but that's one more thing that they have to "think twice" before continuing.

As for potential DUI cases, you should NEVER do the "monkey test", you should NEVER do the "road side breath test"..... it is YOUR RIGHT to refuse to perform those test @ the scene..... now, they would have to take you to the police station to get a mandatory "test" (blood or breath).... but at that point, it would be half an hour to a hour before the moment you got stopped.... any good DUI lawyers will be able to get you off.... since there is NO "beyond reasonable doubt" way to 100% guessitimate what's your BAC is at the moment you got stopped.... and 100% way to say that you ARE under-influence at the time you got stopped..... there won't be "hard evidence" like the "monkey test" and/or the immediate "road side breath test".

All of the above also fit a "random" or "speeding" traffic stop.

Just be a moron, and answer ALL questions with a question, or to exercise your rights.....

eg.
Officer: "do you know how fast are you going?"
You: "officer, how fast do you think i am going?"
Officer: "have you had any alcoholic drinks?"
You: "officer, do you think I had any alcoholic drinks?"
Officer: "can you blow into this machine for me?" (at the scene)
You: "officer, I respectfully refuse to perform these acts on the side of the road. I do agree to take a chemical test @ the station tho."
Officer: "do you have any weapons?"
You: "officer, do you think I have any weapons? I don't believe I have anything illegal in my possession."
Officer: "can I take a look at what you have in your trunk?"
You: "sorry, i respectly refuse, unless you have a search warrant"

jumbopanda
08-04-2007, 12:53 PM
Just like any potential DUI cases or traffic stop, it is YOUR RIGHT to not answer any questions and not consent to searches.

Being a moron is OK, giving them probable cause to arrest and/or to give them evidence against you is NOT.

They can ALWAYS lie to get the probable cause they needed.... but that's one more thing that they have to "think twice" before continuing.

As for potential DUI cases, you should NEVER do the "monkey test", you should NEVER do the "road side breath test"..... it is YOUR RIGHT to refuse to perform those test @ the scene..... now, they would have to take you to the police station to get a mandatory "test" (blood or breath).... but at that point, it would be half an hour to a hour before the moment you got stopped.... any good DUI lawyers will be able to get you off.... since there is NO "beyond reasonable doubt" way to 100% guessitimate what's your BAC is at the moment you got stopped.... and 100% way to say that you ARE under-influence at the time you got stopped..... there won't be "hard evidence" like the "monkey test" and/or the immediate "road side breath test".

All of the above also fit a "random" or "speeding" traffic stop.

Just be a moron, and answer ALL questions with a question, or to exercise your rights.....

eg.
Officer: "do you know how fast are you going?"
You: "officer, how fast do you think i am going?"
Officer: "have you had any alcoholic drinks?"
You: "officer, do you think I had any alcoholic drinks?"
Officer: "can you blow into this machine for me?" (at the scene)
You: "officer, I respectfully refuse to perform these acts on the side of the road. I do agree to take a chemical test @ the station tho."
Officer: "do you have any weapons?"
You: "officer, do you think I have any weapons? I don't believe I have anything illegal in my possession."
Officer: "can I take a look at what you have in your trunk?"
You: "sorry, i respectly refuse, unless you have a search warrant"


http://www.salvationinc.org/archives/police_brutality01.gif

PeteRR
08-04-2007, 10:13 PM
S.A.C. =

S- Remain Silent.

A- Ask for an attorney.

C- Never Consent to a search.

saki302
08-04-2007, 11:00 PM
"One of my best friends who is a retired cop specifically told me to never consent to a search".. (and it's true!).

With AW's (unregistered, naturally- if they were legal you'd just keep them here, no?), why not store the receiver in a safe deposit box out of state- all bases covered. There's a place in Vegas which actually rents anonymous boxes for long term storage- I'm not sure what it's called, but you could look it up.

-Dave

ap3572001
08-05-2007, 7:39 AM
I guess I got my question answered. 1). They dont want You to have AW ( uregistered) in the state. 2). To posses is NOT the same as to own.

Fate
08-05-2007, 8:47 AM
Well, if you were stopped during a traffic stop, then you have already been detained. So asking the officer repeatedly "Am I being detained." Just makes you sound like a moron- especially after the officer again says 'Yes' and you keep asking the question.
Not true that being stopped for a traffic violation equals "being detained." There is a specific legal definition for "detained" and being pulled over isn't it.

Liberty1
08-07-2007, 12:35 PM
Busted/good information corny video

http://www.youtube.com/watch?v=yqMjMPlXzdA&mode=related&search=

eta34
08-07-2007, 12:52 PM
Sorry, but bdgfate is incorrect here. You, as well as the passengers of a vehicle stopped are legally detained. Google the "Brendlin" case if you don't believe me.

tiki
08-07-2007, 2:52 PM
Sorry, but bdgfate is incorrect here. You, as well as the passengers of a vehicle stopped are legally detained. Google the "Brendlin" case if you don't believe me.

Correct.