[50 Shooter]

This is being reposted from Biggerhammer, this is a friend of mine and some of the others on this board. This is the "flash hider" case that got the whole ball and chain rolling against my friend.

If anyone needs help it's him, if it wasn't for the dip***** that got busted for putting the flash hider on his M1A after being told not to and then lying about it, my friend wouldn't be in this position.

Here's the link.

http://www.biggerhammer.net/barrett/...gi?read=213147

When I retired in 2000, I was in a battle for my life against lymphoma cancer. I had been fighting it for three years when I met Don Anderson. He was always there for me like no other friend I had. Only God helped me more than Don. I was very sick. Many times I couldn't walk or eat, but Donnie was always there for me.
Ever since those days, Don Anderson and I have remained good friends representing EDM Arms as field reps, shooting together, working gun-shows together and organizing .50 caliber matches in Southern California. He is an upstanding person like no other perspn I know. Many of you know and love him like I do.

Donnie is now in for the fight of his life with a corrupt system in Los Angeles. I am very much aware of the facts in the LAPD's "Gun Squad" criminal investigation of Don Anderson. It began in 2006 when an incomppetent, over zealous detective of the "gun squad" embellished, stated untrue information and provided "stale" information in his affidavit for a state search warrant for Don's residence in Harbor City, an area with-in Los Angeles. This detective even used California's DOJ's .50 BMG registration information on Don Anderson to support his probable cause requirement in the affidavit.

The search warrant was executed on September 19, 2006 early in the morning by the LAPD "SWAT" team and "gun squad". They entered Don's residence with full force pointing MP-5's and shotguns at Don and his wife. The "gun squad" led by the rogue case detective seized every semi-auto firearm on the premises. These firearms included a home built semi-autto M2 .50 BMG, a home built semi-auto M3 .50 BMG and a homebuilt 1919A4 semi-auto caliber and some other items. Don had properly registered the M2 and M3 with DOJ as required by the 2004 .50 BMG ban in California.

Don was not arrested or charged with any crime at that time. Don retained NRA recommended attorney Chuck Michel of Trutanich Michel LLP law firm. Two years passed by without hearing anything from the LAPD "gun squad". Then, on the early morning of December 4, 2008 the LAPD "Fugitive Squad" arrested Anderson at his residence in front of his wife. They transported him to the 77th Division jail. His bail had been set by the case detective and DA at $125,000 which required giving the bail/bond company $9500 non-refundable dollars to get Don out of custody. This wasn't possible, so Don spent the night in jail.

On December 5, 2008 late in the afternoon, the attorneys were able to get the bail reduced to $37,000 requiring about $3000 tothe bail/bond company.

When the bail was reduced, Don was informed by the court that he was being charged with five felonies. Even though the "gun squad" case detective and DA's office had agreed with Chuck Michel back around the time after the search warrant was exeuted, that Don would be able to just turn himself in in the event he was charged with any criminal acts resulting from he warrant. This certainly didn't happen, as Don was arrested by the "Fugitive squad" on December 4th.

Regarding the five felonies that Don faces. Two or three of them relate to the registered M2 and M3, and the 1919A4 semi-auto rifles. These guns were all "home built" by Don as semi-autos in strict compliance with state and federal law. The M2 and M3 were registered with DOJ as I previously stated. They were legally built and possessed by Don, but in all their wisdom the case detective and DA are charging the guns as, get this, "ZIP GUNS" under the Californa penal code.

Don is also being charged with having large capacity feeding devices as there were several linked belts of more than ten rounds of .308 ammo in his garage. I am aware that Don had these links prior to the end of 2000 which makes it completely legal for Don to link more than ten rounds together. At this point these linked belts are being charged as a felony. Anothe felony being charged is relating to a Walther P22 .22LR semi-auto pistol that I as a FFL dealer had legally sold to Don. Some time thereafter, DOJ determined that the Walther P22 pistols were manufactured with a threaded barrel, therefore making them an "Assault Pistol", and were required to be sent back to the manufactuer for a barrel change. It looks like I'm out of room to finish this, so I'll do it with a second posting to follow.

Donnie did not receive any notification from DOJ mandating the return of the P22 pistol to the factory for a barrel change. Therefore, it never got sent back and now he is being charged with the "felony possession of an unregistered assault pistol under California penal code". Finally, he had a .50 BMG shark bang stick device that divers would use in the event of a shark attack. Don was using this thing as a paper weight. It did not have a stick so the DA is charging felony possession of an "Exotic Weapon".
My take on all this is that the case is the worst I have ever seen. It should be dismissed for a number of reasons. But, it won't be. In this state any chance they have to prosecute a gun case they go after it 100%. It is going to be very costly to defend. The attorneys have informed Don that it could cost $20,000-$50,000 to finish the case with no guarantee about the outcome. Don is in big troule here and we need to help him. John Burtt of the FCSA is going to run a nation wide raffle in the name of the "Don Aderson Defense fund". I am giving him a new .50 cal EDM Arms "Windrunner" for the raffle. The raffle won't be up and running for at least a month. And, it still needs to be approved by the FCSA Board of Directors.

In the mean time and right now, I am asking for every one's help in sending me a check made out to the attorneys Trutanich Michel LLP for whatever you can afford to help with the attorney fees for Don. Make a note on the check that it is for the Don Anderson Fund. Please do this for Don.

My address is Tom S. Miller, 3938 Stanford Drive, Oceanside, CA 92056 tel 760-757-6823. Also, please help me get this around on the appropriate boards and web-sites or whatever else the inter-net offers. Thanks so much. God Bless. Tom

[bwiese]

Hmmm....

I wonder how many of the LAPD own illegal unregistered AWs, perhaps on the Gun Squad.

LA area (incl LASO) has a very high rate of unreg'd AW ownership.

[m1match]

If he's being represented by Trutanich Michel, they can set up a legal defense fund for Calgunners and others to contribute to like they did for Blackwater OPS. I think people would be more comfortable sending contributions directly to Trutanich Michel.

[50 Shooter]

That's what we want/need for people to do, as soon as Tom get's back to me or posts here I'll know more.

[Al B.]

While not knowing Don quite as long as Tom, I consider him a friend, a gentleman and an honest person. Having worn the uniform of this nation, as well as a badge; I have gladly defended fredoms, laws and rights abroad and at home. I am sickened and saddened that some are trying to make a statistic, a career or a statement by the manner in which they have proceeded in the cases involving Don; and in so doing they not only hurt Don and all of us, but discredit the badge they carry.

I can understand to some degree, how initially, a spurious allegation can lead to a heavy handed investigation. But after the "facts" are gathered, to have continued in the manner in which it has, is disgusting, right down to having Don hauled away after all of these years.

Think it can't happen to your or I, or that it only happens to the guy next door? Think again. Don is you or I. He's not an outspoken pain in the butt, not flamboyent in pushing the limits of the multitude of gun laws....he is the "Joe the Plumber" kind of guy when it comes to shooting.

He played by the rules and registered his M-2 and M-3...yet this is used against him? Semi auto firearms that in any other state are ho-hum, but here in CA are registered and non-transferable within the state. "Zip guns"? I thought these were made from old style car antenna's and fired a .22lr as likely to blow-up as to discharge a projectile.

What is going on here? Anyone else ever complete buidling a firearm in accordance with ATF rules? Looks like California does not concur with the Federal Rules, and is trying to prove it at Don's expense.

Possession of an "Assault Pistol"...hmm, I recall reading that if one were to have "no more than 2 unregistered assault weapons" and were to run afoul of detetection by law enforcement, yet be found that they legally purchased it/possessed it save for having registered it; and were qualified to own assault weapons....it would be considered an INFRACTION. Not unlike a significant motor vehicle ticket. But in this case, they want to call it a felony. And, where is the duty to inform? How widely advertised was the Walther issue? DOJ has an automatic registration process on handguns...why couldn't the database send out a notification to all owners in CA?

Folks....this is the nightmare that anyone can wake up to. You do everything in your power to stay up with the law and comply; lead a clean life, work hard....and get your door kicked in ... twice.

A lot more than funds to the attorneys needs to be done. Legislators need to be contacted and made aware of the abuse of the laws that were enacted. Otherwise, the knock/kick on the door could happen to any of us reading these postings.

Helping Don, helps us all. I know many don't know him personally..but as I said earlier...he is just like anyone of us. Al B.

[CNIC]

Count me in! I will be forwarding my donation to the legal defense fund at the above posted address...

In the end, we all in the same boat and we all must fight together to protect our gun rights….

[nobody_special]

If the facts are really as stated here, only one thing comes to my mind:

"Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats."
-- H. L. Mencken

Seriously, $40k+ in order to defend against such ridiculous charges, of course with no guarantee of a good outcome?

[RRangel]

I'm glad this is posted for all to see. I'm sure Don will be getting some help here. The behavior of the "gun squad" and the DA is reprehensible. As far as I'm concerned charging him with "ZIP GUNS" under the penal code is an abuse of power. This is an outrage that should get everyone's attention.

[ke6guj]

assuming CGF can confirm that there is nothing hinky in there, I will be glad to donate some $$ to a TMLLP trust fund.

Yes, the zip gun charge is BS, expecially when CADOJ specifically allowed for homebuilt .50BMG registrations, and has allowed for homebuilt single-shot pistol voluntary registrations.

The AW charge on the P22 is what it is.

The one I'm concerned about the most is the bang stick charge. Not sure what an "exotic weapon" possession charge is. Probably a blanket 12020 charge till they determine what they want to call it. Plus there are Fed regulaitons on powerheads that don't have a shaft attached to them.

[Beelzy]

Oh crap!

The Law is going to want to get him on at least one of those bogies. They
are really good at trying to make lame charges stick. I have a son in the
middle of something with the Court. The police have nothng yet they still
want to charge him. Court time and attorney's fees just to clear your name
for something they "say" you did.

Be advised people, the Law likes to let folks think nothing much will happen
and give you a nice little bit of time to let your guard down, then they take
you away.

[HowardW56]

If your friend gives Trutanich Michel permission to post here telling us that it is all bogus and looking for help funding, I'm in...

[ptoguy2002]

Please explain the fash hider thing mentioned at the top.
How did he get "on the radar" so to speak?

[ke6guj]

IIRC, someone else got rolled for an M1A (or similar model from another manufacturer) that had a flash-hider that wasnt' registered as an AW. Apparantly the OP's friend got rolled up based on the M1A guy's statements.

[383green]

I'm hurting for money right now, but if TMLLP and/or CGF can vouch for this case here, I'll contribute what I can. I'd be most comfortable sending it to a TMLLP trust fund.

[compulsivegunbuyer]

Same here. Things are tight, but if it's legit, I'll send what I can. I guess if you got enough gun owners to send a little money to every case, you might be able to break the court system so to speak.

[Dark&Good]

Since my wife's funds were taken from her bank account 'cause a 9-year old credit card debt that, according to her, was paid already - talk about laws! - I can't afford financial help this month. If Don needs some money in January to pay the law firm, I'll be in. If I can help NOW in some other way, I'm listening.

[Dark&Good]

I don't know if this is still valid, but what a nice place this state was...

From CONSTITUTION OF THE STATE OF CALIFORNIA, 1849:
"ARTICLE I. Sec. 19. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized."

[Sydwaiz]

Don's a good guy. I'm sure if you've been to Costa Mesa or Del Mar, then you have seen him if you ever drooled over the Windrunners for sale. He will need all the help he can get on this as not only will this case be expensive, he has also been slow with work as the housing market is in the dump right now. Don does tile work for those that do not know. I know times may be hard right now for some of you as it is for me as well, but if we can stick together and help him out, then we can send a message to the gestapos here in L.A. that we will not go down without a fight and we are tired of their BS. Didn't they learn from BWO's case? Besides, it is the season for giving, right?!

[yellowfin]

This is yet another example of why CA needs an official oppression law, where the offending "gun squad" and DA can be fined and sent to prison for this malevolence.

[383green]

Originally Posted by 50 Shooter

Don is also being charged with having large capacity feeding devices as there were several linked belts of more than ten rounds of .308 ammo in his garage. I am aware that Don had these links prior to the end of 2000 which makes it completely legal for Don to link more than ten rounds together.

Are they specifically charging him with having (i.e., possessing) them? There is no law against possession of large capacity feeding devices. The law restricts manufacturing, sale, importation, etc., but not possession.

Edited to add: If I'm not mistaken, even buying them isn't restricted.

[DRH]

This whole thing is just so sad . For a great guy like Don to get worked over by a system out of control is a tragedy. Folks this is the real deal and I am sure confirmation by counsel with be forthcoming. I know it is close to Christmas and times are very tough but if we do not stick together and stop this now, it will only continue to spread.

[Blackwater OPS]

That totally sucks. I'll send as much as I can, maybe donate a few things for CGF to raffle off. Keep us in the loop.

This is a perfect case for CGF IMO, if it's as advertised.

[gazzavc]

Count me in for some $$$ as soon as TMP gives us the nod.

[otalps]

Originally Posted by yellowfin2

This is yet another example of why CA needs an official oppression law, where the offending "gun squad" and DA can be fined and sent to prison for this malevolence.

+1 They need to be held accountable for their asinine behavior..

[ke6guj]

Ok, Tom Miller posted a little more info on biggerhammer:

Lynn, it began over a two party sale of an M1A Springfield that I transferred. The rifle came from Don and I transferred it to another individual who put a flash hider on it. When he was arrested he said the hider was on it when it was transferred to him. This was a huge lie. The "gun squad" focused on Don because the rifle came from him. Don Anderson did absolutely nothing wrong regarding the Springfield. When they were looking at him they found the M2 and M3 guns that he had legally made and registered. The problem here is that the LAPD "gun squad" knows nothing about semi-auto M2's and M3's, let alone about semi-auto 1919A4's. That's why they are now calling them "ZIP GUNS". Trust me, we plan on educating them.
In the mean time, the attorney bills will be mounting up. Don has already paid around $8,000 in attorney fees and bail. We need to send money in to the law office of Trutanich Michel LLC in Long Beach in the name of Don Anderson. Please help me get this accomplished. Tomorrow I will call the attorney and see exactly how they want to set this up. I will then post the info. Thanks, Lynn. Tom

Lets hope that Monday will bring some info from TMLLC that this a straight up legit case with no side dealings like other cases looking for monetary help, when there were drug dealing charges also involved.

[Blackwater OPS]

Originally Posted by ke6guj

Ok, Tom Miller posted a little more info on biggerhammer:



Lets hope that Monday will bring some info from TMLLC that this a straight up legit case with no side dealings like other cases looking for monetary help, when there were drug dealing charges also involved.

I have have it on good authority that that charge was total BS, but yeah, I hope so too. This affects everyone with home built guns, obviously.

[jacques]

Originally Posted by Blackwater OPS

This affects everyone with home built guns, obviously.

Isn't that like 1/2 of California?

This is really bad. I feel for the guy. Can't Tom Miller just tell them there was no flash hider when it was transfered. He is a witness. The only witness maybe.

[ke6guj]

Originally Posted by jacques

Can't Tom Miller just tell them there was no flash hider when it was transfered. He is a witness. The only witness maybe.

Problem is that its past that. I didn't hear about them charging him with a AW transfer regarding that flash-hider. But the M1A guy's statements were enough to get a search warrant, where they found all the stuff that they pressed charges on.

[jacques]

Originally Posted by ke6guj

Problem is that its past that. I didn't hear about them charging him with a AW transfer regarding that flash-hider. But the M1A guy's statements were enough to get a search warrant, where they found all the stuff that they pressed charges on.

That makes me even more pissed. They are making up stuff then. SOmebody must be trying to make an example out of him or something.

[truthseeker]

Originally Posted by ke6guj

assuming CGF can confirm that there is nothing hinky in there, I will be glad to donate some $$ to a TMLLP trust fund.

Yes, the zip gun charge is BS, expecially when CADOJ specifically allowed for homebuilt .50BMG registrations, and has allowed for homebuilt single-shot pistol voluntary registrations.

The AW charge on the P22 is what it is.

The one I'm concerned about the most is the bang stick charge. Not sure what an "exotic weapon" possession charge is. Probably a blanket 12020 charge till they determine what they want to call it. Plus there are Fed regulaitons on powerheads that don't have a shaft attached to them.

I think the exotic weapon thing is BS!

That is like telling me that if someone had a center punch some where in their garage and a piece of pipe (that a .50bmg round can fit in) somewhere in their garage and a .50bmg round, they could also be charged with possessing parts to make an exotic weapon?

What the hell is wrong with this state?

[ke6guj]

Originally Posted by truthseeker

That is like telling me that if someone had a center punch some where in their garage and a piece of pipe (that a .50bmg round can fit in) somewhere in their garage and a .50bmg round, they could also be charged with possessing parts to make an exotic weapon?

Now, that would be a ZIP gun.

[nicki]

Will a good ruling on Nordyke help?

Could this be our test case on AW's?

Nicki

[ke6guj]

It sure wouldn't hurt.

But a Nordyke ruling could be 6-12 months away.

[yellowfin]

Originally Posted by truthseeker

What the hell is wrong with this state?

What's wrong is that people of the inclination of the DA and the "gun squad" haven't been thrown out of their jobs and prosecuted. They've been tolerated by the people here...for what reason I don't know.

[Vonshliken12]

It sucks because most of us here respect LEO's and much of us have family members or friends that actually are police officers. It just sucks that even though many of them know that OLL's are ok as long as properly configured they still shaft the citizens. My gf's cousin who has helped me build my AR just got hired as a sheriff. I asked him and he said he would confiscate another persons legally configured AR just to cover his butt. I don't blame him but this is why were dealing with this crap.

[CCWFacts]

Originally Posted by Vonshliken12

I asked him and he said he would confiscate another persons legally configured AR just to cover his butt. I don't blame him but this is why were dealing with this crap.

Post-incorporation, that will be like saying,

I asked him if he would pull over and arrest black people who were driving legally on the white side of town, and he said he would just to cover his butt.

Both concepts will fly equally well post-incorporation.

[Prince50]

WOW! What a nasty Christmas present California has given Don.

I personally know Don and will contribute immediatly.

I emplore all of you to do the same. We rallied around Blackwater Ops, and need to rise up again to help one of our own.

I truly am inspired by the outpouring of positive posts in this thread. I am going to post this thread on all the boards I frequent to help our cause.

California needs change, and the kind we want will not be from Obama. The BWO case was a step in the right direction, let's use this to our advantage too.

Don, We are here for you 100% Bad economy or not, I am on your side.

Darin

[mrkubota]

Wow is right.... two years of nothing, then this.....

Funds on the way in the morning...

[nick]

Will the info for the fund TMLLP sets up be posted here?

[rue]

Originally Posted by ke6guj

The AW charge on the P22 is what it is.

I'll be the first to disagree with this. As another early P22 owner I recieved a letter from the DOJ on this issue. The whole thing is pretty screwed up since DOJ originally approved the handgun for sale in CA. and somehow didn't notice that the barrel cap could be removed and a suppressor *could* be attached and now because of that oversight it's determined to be illegal and I can be charged with a crime? Screw that if they made that mistake how the hell can they turn around and come after the purchaser?