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View Full Version : Law about AW in California...


BlackReef
02-03-2008, 10:41 PM
Before I ask anything, I have to say I do NOT know about this one, so thats why I am asking.

I always thought that having an Assault Rifle in Cali (Evil Features + Detachable Mags) was a Felony? When I started thinking about it, how would it be a felony if it's a California AW Ban and not Federal, anymore? How could it be federally enforced? If it's not a Felony, what is it? (Just for clarification, I am talking about California defined AW, not Machine Guns)

Thanks
-Joe

Crazed_SS
02-03-2008, 10:55 PM
Im not sure what you're asking. It sounds like your under the mistaken assumption that only feds can bring felony charges

The now expired Federal AW ban and our state AW ban are two completely things. Violation CA AW laws can be punished as as felony. Charges could be brought against you by the DA of your county or the State.

Quiet
02-03-2008, 11:04 PM
Im not sure what you're asking. It sounds like your under the mistaken assumption that only feds can bring felony charges.

+1
Sounds like he thinks only the feds can charge people with a felony.


CA Penal Code
17(a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

:Pirate:

leelaw
02-03-2008, 11:16 PM
California Assault Weapons Ban violations are not federal offenses.

They are not enforced by BATFE, or investigated by FBI.

They are certainly felonies (carry a sentence of 1 or more years in a state prison) and are prescribed in California Penal Code.

The confusion might stem from the FEDERAL 1994 assault weapons ban, which was a federal law. California, in the meantime, passed the SB23 assault weapons ban (2000) which banned certain firearms by feature. This was an addition to the 1989 California assault weapons ban.

When the 1994 Federal assault weapons ban died (sunset) in 2004, it did not change the applicable state laws.

BlackReef
02-03-2008, 11:27 PM
wow.......shows how much I know, hehe. I thought "felonies" were only on a federal level. Sorry for confusion.

VOD
02-04-2008, 1:27 AM
Heres one out of left field...So what would be the typical sentence/punishment for being caught with an AW. Ive heard people say years of hard time in a federal prison to just confiscation of the fire arm and a fine. Can anyone elaborate? :confused:

mecam
02-04-2008, 6:16 AM
Heres one out of left field...So what would be the typical sentence/punishment for being caught with an AW. Ive heard people say years of hard time in a federal prison to just confiscation of the fire arm and a fine. Can anyone elaborate? :confused:

1st offense of Possession of AW = misdeamenor

CA doesn't have the money to keep people in jail. ;)

jamesob
02-04-2008, 11:02 AM
it can be a misdemeanor or felony for the first time. it all depends how many weapons you have that are not registered.

Piper
02-04-2008, 11:24 AM
it can be a misdemeanor or felony for the first time. it all depends how many weapons you have that are not registered.

It also depends on who you are, i.e. average citizen with no record or record for minor violations not considered violent versus felon or anyone convicted of violent offenses. Also someone convicted previously of a firearms violation could be charged with a felony.

Fjold
02-04-2008, 1:17 PM
Heres one out of left field...So what would be the typical sentence/punishment for being caught with an AW. Ive heard people say years of hard time in a federal prison to just confiscation of the fire arm and a fine. Can anyone elaborate? :confused:


It wouldn't be in Federal prison as there is no federal law violated. It would have to be in state prison.

fairfaxjim
02-04-2008, 3:24 PM
Heres one out of left field...So what would be the typical sentence/punishment for being caught with an AW. Ive heard people say years of hard time in a federal prison to just confiscation of the fire arm and a fine. Can anyone elaborate? :confused:

If it is a first offense with a clean record, and not caught during commission of another crime, probably would be charged as a misdemeanor. Any priors or crime with the AW, Felony. Since a civil compromise surrender of the AW and a fine under AB2728 is now possible, that would be the best outcome. This has been used to make bogus AW busts for OLL's go away. The rifle(s) go away too, but you live to buy another one.

AW busts seldom happen by themselves, some other commotion or shenanigans trigger the AW discovery.

BlackReef
02-04-2008, 3:27 PM
If it is a first offense with a clean record, and not caught during commission of another crime, probably would be charged as a misdemeanor. Any priors or crime with the AW, Felony. Since a civil compromise surrender of the AW and a fine under AB2728 is now possible, that would be the best outcome. This has been used to make bogus AW busts for OLL's go away. The rifle(s) go away too, but you live to buy another one.

AW busts seldom happen by themselves, some other commotion or shenanigans trigger the AW discovery.

Exactly. Shooting paper up in the hills in no-mans land where can only get out there by donkey is probably ok :cool:

bwiese
02-04-2008, 3:39 PM
Exactly. Shooting paper up in the hills in no-mans land where can only get out there by donkey is probably ok :cool:

Kingsnake, from reading your prior posts, you seem to have a limited knowledge base about basics of guns & laws, and are further spreading misinformation.

AS SUCH, PLEASE DON'T MAKE ASSUMPTIONS OR ENCOURAGE OTHERS TO DO SO THRU SUCH POSTS.


*DO* expect AW violations in most "greater metro areas" to be charged as felonies - even if you were popped out in "the sticks".

The junior Asst DA will usually be a female, 28-33 yrs old, who wants "to get guns off the street". She will not know sh*t from shinola about guns or gun laws. She will have spent 15 minutes on your case, hoping for a plea.

A misdemeanor - or, better yet, an AB2728 civil compromise - will be the resultant only after a fight and lawyer.

AB88 of a few years ago enhances penalties for "multi AW" charges.

BlackReef
02-04-2008, 5:21 PM
Kingsnake, from reading your prior posts, you seem to have a limited knowledge base about basics of guns & laws.

wow, interesting. Im only 23 and I'm trying to learn as fast as I can. I learn stuff here every day

CSACANNONEER
02-04-2008, 5:29 PM
Heres one out of left field...So what would be the typical sentence/punishment for being caught with an AW. Ive heard people say years of hard time in a federal prison to just confiscation of the fire arm and a fine. Can anyone elaborate? :confused:

You will not spend time in a Federal prison for violating any state law. Even murder is a state crime and not a Federal crime (with certain exceptions). Of course, if you are convicted of a state felony, you will spend time in a state prision.

leelaw
02-04-2008, 5:43 PM
AW possession is a felony wobbler. Generally what that means is that you will be arrested for the greatest charge (felony) and the DA will determine if it is charged as a felony, misdemeanor, or nuisance.

All time served in either prison or jail will be in state facilities, not federal.

mecam
02-04-2008, 5:53 PM
All time served in either prison or jail will be in state facilities, not federal.

You will most likely do Community Service. Remember the state is broke and the Terminator wants to release 22,000 prissoners.

tyrist
02-04-2008, 6:57 PM
The most recent case I heard of an old man (late 60's) had about 5 assault weapons (don't know whether pistol or rifle). He was able to take a misdemeanor for the first however the other four were felony charges. He got 4 years state prison time but he was essentially placed on parole before going to prison. He was given alot of prison time based on his county jail time. All weapons distroyed and he is now a convicted felon.