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  #561  
Old 01-07-2019, 2:26 PM
mshill mshill is offline
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Quote:
Originally Posted by ar15barrels View Post
Subject's wife purchased an AR pistol as a gift for husband around 2013 or 2014.
Subject divorced his wife somewhere between 2014 and 2017 and kept pistol.
Subject pawned and then did a pawn return DROS to get the pistol into his name in 2017.
Subject then tried to register the pistol as an AW.

You can only register AW's that you possessed in 2016 or before.
DOJ considers the 2017 pawn return a transfer because the pistol was previously registered to the subjects wife.
Since previous to the transfer, the pistol was the subject's ex wife's pistol, it was not HIS pistol and they don't consider him to have been in possession of it.

The acquisition through pawn return happened in 2017 and this caused a problem in the AW registration process that gave the DOJ cause to contact the subject.
Upon contact, multiple other illegal items were found.

Had the transfer of registration been done in 2016, nothing would have been flagged.
Great summary. What a screwed up situation. Just goes to show that trying to do the right thing once can jack you up bad if you have a safe full of contraband. If you ever decide to go non-compliant just keep on going.
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  #562  
Old 01-07-2019, 4:23 PM
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Quote:
Originally Posted by ar15barrels View Post
Subject's wife purchased an AR pistol as a gift for husband around 2013 or 2014.
Subject divorced his wife somewhere between 2014 and 2017 and kept pistol.
Subject pawned and then did a pawn return DROS to get the pistol into his name in 2017.
Subject then tried to register the pistol as an AW.

You can only register AW's that you possessed in 2016 or before.
DOJ considers the 2017 pawn return a transfer because the pistol was previously registered to the subjects wife.
Since previous to the transfer, the pistol was the subject's ex wife's pistol, it was not HIS pistol and they don't consider him to have been in possession of it.

The acquisition through pawn return happened in 2017 and this caused a problem in the AW registration process that gave the DOJ cause to contact the subject.
Upon contact, multiple other illegal items were found.

Had the transfer of registration been done in 2016, nothing would have been flagged.
OMG and California is prosecuting this man with ZERO criminal intent ?
Thank you AR for analysis .
Guess the lesson here is if a law changes one is better to bail out of California. Must be costing this guy a fortune.

Last edited by ja308; 01-07-2019 at 4:25 PM..
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  #563  
Old 01-07-2019, 4:24 PM
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Originally Posted by ja308 View Post
OMG and California is prosecuting this man with ZERO criminal intent ?
Thank you AR
Gonna be a little hard to explain away the suppressors though.

Edit: for the record I don't agree with most gun laws, I'm just bringing this up to make the point that not all of the charges were due to misunderstanding overly complex BS laws.
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  #564  
Old 01-07-2019, 4:30 PM
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Originally Posted by Dirk Tungsten View Post
Gonna be a little hard to explain away the suppressors though.

Edit: for the record I don't agree with most gun laws, I'm just bringing this up to make the point that not all of the charges were due to misunderstanding overly complex BS laws.
Right thank you !

Is the suppressor issue being prosecuted as a state crime? Doesn't seem like that should be very severe.
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  #565  
Old 01-07-2019, 5:29 PM
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Originally Posted by ja308 View Post
Is the suppressor issue being prosecuted as a state crime? Doesn't seem like that should be very severe.
It's a CA felony to possess a silencer in CA. [PC 33410]
^1.5 to 3 years in prison + $10,000 fine.

All of the subject's charges are CA state offenses (possessing assault weapons and silencers).

No Federal charges for the Title 2 Silencer because it was legally obtain by a NV NFA Trust and there is no violation of Federal laws for taking a legal silencer into a State that prohibits it's possession.

Federal laws/regulations requires BATFE approval in order to legally transport Title 2 DD, Title 2 MG, Title 2 SBR, and Title 2 SBS across state lines (into another State).
There is no Federal requirement to obtained BATFE approval to transport Title 2 AOW and Title 2 Silencer into other States.
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Last edited by Quiet; 01-07-2019 at 5:32 PM..
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  #566  
Old 01-07-2019, 5:47 PM
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Originally Posted by Califpatriot View Post
More on the Bakersfield farmer and CalGuns member arrested and charged with 12 felonies.

Based on the police report, this is what happened:

1. On April 10, 2018, Sean Provost--Special Agent with the California DOJ's Bureau of Firearms--was told by his supervisor, Special Agent Fred Frausto that on December 7, 2017, Scott submitted an electronic application via CRIS to register an assault pistol and provided multiple photos of the same. It was a fully assembled firearm with a bullet button. On the CRIS form, Scott said he did not build the firearm. Scott said it had an 8 inch barrel and shot a 300 win mag round. (The model of the lower was an SD15-ITG, which appears to be a standard AR-15 lower, so how it shoots a 300 WINMAG is a mystery.)

2. Frausto and Provost then looked at the DROS record for that serial number, which showed the pistol having been purchased in 2013 as a fully assembled and functioning firearm.

3. In November 2017, Scott went to the Bakersfield Get A Gun with the lower only, which was transferred on the DROS form as a "frame only." Get A Gun's owner confirmed to Frausto that the transfer had indeed been of the frame only.

4. The same April day, Special Agent Greg DeLa Cerda and Provost drove to Scott's house and obtained a description for it in order to obtain a search warrant, which included the ability to search any safes and seize the assault pistol, and other assault weapons, large capacity mags associated with assault weapons, and any receipts indicating sales of firearm parts associated with the assault weapons.

5. The following day, Brian McNamara, Kern County Superior Court Judge, issued the search warrant.

6. Six DOJ BOF officers went to conduct the search the residence. They were wearing body cams. They included Provost, Frausto, another Supervisor Isaias Rivera, and 3 other special agents. Scott answered the door and Provost told him that they were there to investigate the Sun Devil AR pistol he had previously attempted to register, and that he wanted to inspect it. Scott said he wouldn't do anything without his attorney present. Scott asked about the specifics of the gun; Provost said it was a Sun Devil lower chambered in 300 Winmag or 300 BO.

7. Scott states that he was recently divorced and that the weapon was purchased by him and his wife mutually and that he did a pawn return on the weapon (whatever that means) and then attempted to register it "after the one year thing" (whatever that means.) Provost asked to enter the residence but was denied. He told him that they had a search warrant and Scott complied. He agreed to help the agents locate the firearms on the premises.

8. Scott was shown the search warrant and explained his wife purchased the firearm prior to their recent divorce. Afterwards, he began registering firearms in his name.

9. He opened a case for the Sun Devil. SAS Frausto advised that in order to render the firearm safe, he had to depress the rear take down of the firearm and separate the lower and upper receivers in order to remove the magazine. Upon doing so, the firearm was rendered safe, but now met the criteria of an·assault weapon in that it had a standard magazine release button that then allowed the user to simply insert a magazine into the magazine well and remove by depressing the release mechanism. At this time, SAS Frausto closed the firearm and returned it into its original configuration, minus the magazine. As such, this firearm now met the criteria of an assault weapon in that it was a semiautomatic pistol that does not have a fixed magazine, but has the capacity to accept a detachable magazine at some location outside of the pistol grip. SAS Frausto advised a that the firearm would be seized pending review by the district attorney's office in order to determine if charges are warranted for this specific firearm.

10. They then found another assault pistol with no bullet button with a 40 round mag. It was a Noveske N4 lower, listed as being chambered in 300 win mag. Is it really possible to chamber 300 win mag in an AR-15 lower? I assume not because of the size of the round, but they listed that for both the Sun Devil lower and Noveske lower. Maybe they mean 300 BO?

11. They then went through and found a number of non-featureless ARs without bullet buttons. They had telescoping stocks, standard mag releases, pistol grips. No mention is made on whether they had the dreaded flash hiders. 8 such ARs were identified. Two of these were commie caliber rifles, with fully and partially loaded 10 and 20 round mags attached. One of these commie ARs had a slidefire stock. Some of the other rifles were chambered in 223/556 with 20, 30, and 60 round mags attached.

12. They then found 10-inch AR pistol. They initially believed it was an SBR and he was in fact booked for an SBR. But Provost later realized that because the stock was made by Shockwave Technology and designed as a pistol stabilizer, this was not an SBR. However, since it had a standard mag release, it was still an assault pistol.

13. Frausto noticed on one of the rifles carbon buildup suggestive of a silencer. Sure enough, they founda a Surefire Socom 762-RC and M4-200, and ATF paperwork for both.


14. They met with Scott, Mirandized him, and asked him if he'd be willing to speak with them. He said he'll listen to their questions. Frausto asked him if he knew they were illegal, and Scott did not respond. Frausto asked him if the desk and chair in the safe room (he had a walk in safe) was where he worked on his firearms, which Scott confirmed, and joked he was "working down the line" to make his rifles compliant. They gave him DOJ property receipts, confiscated the above rifles, and arrested him.

15. They later checked all the firearms against the registration system, and none were RAWs.

16. The 230 rounds of whatever it was was simply the ammo loaded in the mags in the confiscated firearms. Scott had a ton more guns and ammo that they didn't take during this search (whether they took it later, I have no clue.)

17. DOJ recommended manufacturing charges, but the local DA didn't bring them. The standard and high-capacity magazines did not appear to be a concern at all in the police report.


Gun owners in Kern County need to put pressure on the DA to drop the charges. Prosecutorial discretion has become a very popular concept--should work in favor of patriotic Americans, not just illegals and druggies.
Meanwhile, 20 million illegal aliens are walking the streets of our cities and walking the exercise yards of our prisons. Would these law enforcement "heroes" work 1/100th as hard on ridding us of this scourge? I doubt it. They would rather challenge the rights of a US citizen and his constitutionally protected rights to bear arms than to do any real work. There is a solution for these guys though, they can resign. Resignation is an honorable escape from having to work in a dishonorable institution.
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  #567  
Old 01-08-2019, 5:51 AM
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Quote:
Originally Posted by Quiet View Post
It's a CA felony to possess a silencer in CA. [PC 33410]
^1.5 to 3 years in prison + $10,000 fine.

All of the subject's charges are CA state offenses (possessing assault weapons and silencers).

No Federal charges for the Title 2 Silencer because it was legally obtain by a NV NFA Trust and there is no violation of Federal laws for taking a legal silencer into a State that prohibits it's possession.

Federal laws/regulations requires BATFE approval in order to legally transport Title 2 DD, Title 2 MG, Title 2 SBR, and Title 2 SBS across state lines (into another State).
There is no Federal requirement to obtained BATFE approval to transport Title 2 AOW and Title 2 Silencer into other States.
Thank you for the info!
So basically this is a good guy who wanted to play by rules in that he followed fed law.
Too bad this state is more concerned with harassing people who have no criminal intent as opposed to the very dangerous people who seem to operate w/o consequences.
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  #568  
Old 01-08-2019, 5:55 AM
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It's a stretch and wouldn't help his case, but what if he got all the firearms and related stuff in the divorce and the ex got the out of state property where the suppressors were stored, then being unaware of the mess of CA laws, imported the suppressors.
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  #569  
Old 01-08-2019, 4:39 PM
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Originally Posted by ajb78 View Post
It's a stretch and wouldn't help his case, but what if he got all the firearms and related stuff in the divorce and the ex got the out of state property where the suppressors were stored, then being unaware of the mess of CA laws, imported the suppressors.
The illegal firearms and suppressors were acquired in NV and brought into CA.

All of the assault weapons charges were for firearms that violated CA laws that were in effect for last 19 years.
^All of the firearms had factory magazine release (detachable magazines) and restricted features.

The CA ban on silencers has been in effect for last 90 years.
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Last edited by Quiet; 01-08-2019 at 4:41 PM..
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  #570  
Old 01-08-2019, 5:55 PM
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Motions and everything are kicked to February 4th an 5th...
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  #571  
Old 01-16-2019, 9:53 PM
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if someone can explain to me how to post his "motion to quash" everyone should read... its now public. Will make you realize and answer all your questions and comments...The DOJ LE..... are in there own world. The motion only points out certain facts, there are so many wrong, may confuse the judge.so points at 1-2 issue wrong .. but you guys need to read it.
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  #572  
Old 01-16-2019, 10:48 PM
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Originally Posted by bakoFarmer View Post
if someone can explain to me how to post his "motion to quash" everyone should read... its now public. Will make you realize and answer all your questions and comments...The DOJ LE..... are in there own world. The motion only points out certain facts, there are so many wrong, may confuse the judge.so points at 1-2 issue wrong .. but you guys need to read it.
Link? Knowing what file type you are working with would be helpful, presumably a PDF? If so, in the advanced 'reply to the' window, click the paperclip next to the smiley face above, browse to the location the file is saved, select it and click upload.
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  #573  
Old 01-17-2019, 5:07 AM
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Originally Posted by ja308 View Post
Thank you for the info!
So basically this is a good guy who wanted to play by rules in that he followed fed law.
Too bad this state is more concerned with harassing people who have no criminal intent as opposed to the very dangerous people who seem to operate w/o consequences.
No. He committed several felonies. Ignorance of the law isn't a defense.
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  #574  
Old 01-17-2019, 6:23 AM
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He may have had no ill intent... that's not the same as " so he wasn't a criminal".

He committed several crimes, most of which were felonies. That's pretty much the definition of "criminal" and I'd be shocked for the court not to see it that way.

It's a sad fact that our laws are criminalizing a lot of harmless decent people over "paper" crimes... things that are only "wrong" because of words written on paper somewhere that lawyers and judges are slaves to, rather than because they're hurting anyone.
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  #575  
Old 01-17-2019, 8:30 AM
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No. He committed several felonies. Ignorance of the law isn't a defense.
I wonder if someone can claim ignorance as it applies to gun laws?

The guns laws change continuously and it’s not like they send you a letter stating that what you bought 27 years ago has been redifined as something illegal to own??

That’s a legal case right there. Which one of you wealthy gun people want to take that on?
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  #576  
Old 01-17-2019, 8:57 AM
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Originally Posted by smittty View Post
I wonder if someone can claim ignorance as it applies to gun laws?

The guns laws change continuously and it’s not like they send you a letter stating that what you bought 27 years ago has been redifined as something illegal to own??

That’s a legal case right there. Which one of you wealthy gun people want to take that on?
He can claim ignorance, and hope for jury nullification. But if the jury follows the law.....

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  #577  
Old 01-17-2019, 9:26 AM
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Originally Posted by smittty View Post
I wonder if someone can claim ignorance as it applies to gun laws?

The guns laws change continuously and it’s not like they send you a letter stating that what you bought 27 years ago has been redifined as something illegal to own??

That’s a legal case right there. Which one of you wealthy gun people want to take that on?
The laws with regard to the possession of suppressors haven't changed though. He can't claim ignorance of the laws surrounding the magazine release as he tried to register some of his guns.

In fact it would be easy to claim he was fairly knowledgable of gun laws in CA because of the Pawn swap ownership change he performed on the AR pistol that was the catalyst for all this mess.
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  #578  
Old 01-17-2019, 5:21 PM
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Originally Posted by bakoFarmer View Post
if someone can explain to me how to post his "motion to quash" everyone should read... its now public. Will make you realize and answer all your questions and comments...The DOJ LE..... are in there own world. The motion only points out certain facts, there are so many wrong, may confuse the judge.so points at 1-2 issue wrong .. but you guys need to read it.
If it's a PDF, upload it as an attachment.
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  #579  
Old 01-17-2019, 6:58 PM
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Every day it’s becomes more and more clear reg was this states biggest trap.

Too bad this state can’t be charged for entrapment. What a sham the whole thing was.



I guess technically he’s a “criminal” as he committed a “crime” but where is the line drawn. If they make jay walking a felony am I really to consider someone walking at the wrong time a “criminal”.....
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  #580  
Old 01-18-2019, 5:06 AM
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I don’t agree with this. If they could have avoided letting BB rifle owners register they would have. I think they had to offer it because they had let the BB “loophole” go on for so many years. In addition I am really starting to believe that the registered SACF rifles will be the last to survive in CA.

Quote:
Originally Posted by wilderness medic View Post
Every day it’s becomes more and more clear reg was this states biggest trap.

Too bad this state can’t be charged for entrapment. What a sham the whole thing was.



I guess technically he’s a “criminal” as he committed a “crime” but where is the line drawn. If they make jay walking a felony am I really to consider someone walking at the wrong time a “criminal”.....
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  #581  
Old 01-18-2019, 6:10 AM
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I don’t agree with this. If they could have avoided letting BB rifle owners register they would have. I think they had to offer it because they had let the BB “loophole” go on for so many years. In addition I am really starting to believe that the registered SACF rifles will be the last to survive in CA.
Once registered are the last, then they will come after those. It will never end until 100% disarmament, as their ultimate goal. It is all a delay tactic until we can change the Sac. or get court ruling.
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  #582  
Old 01-18-2019, 6:45 AM
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Originally Posted by jgarden View Post
He can claim ignorance, and hope for jury nullification. But if the jury follows the law.....
THIS.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

It's the LAW.
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  #583  
Old 01-18-2019, 7:30 AM
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Originally Posted by leadchucker View Post
THIS.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

It's the LAW.
Well, actually, this and this are the law.
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  #584  
Old 01-18-2019, 7:36 AM
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Well, actually, this and this are the law.
Shall not be infringed....? It doesn’t say shall not be infringed except when others really really want it to be.

Since it’s not repealed, I’d say everything after that is null.
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  #585  
Old 01-19-2019, 5:03 PM
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Well, actually, this and this are the law.
Well, no, actually, those are interpretations.
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  #586  
Old 01-19-2019, 11:49 PM
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Are you a member of the National Recovery Act? Whats that ?
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  #587  
Old 01-20-2019, 3:10 AM
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A waste of tax dollars on prosecution of a man trying to comply with over complex rules.
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  #588  
Old 01-20-2019, 6:36 AM
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Well, no, actually, those are interpretations.
No, they are applications of law, which are part of the body of law. The Bill of Rights are not an affirmative grant of law; they are a short list of things the Federal govenrment cannot do. As I am sure you recall, there was an argument against including them, because the principles were considered so obvious, there was no need.

Supreme Court cases are (part of) The Law.
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  #589  
Old 01-20-2019, 7:06 AM
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  #590  
Old 01-30-2019, 7:14 PM
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if someone here wants to help post the truth...(motion to squash) contact me asap. the file to large to upload?
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  #591  
Old 01-30-2019, 8:32 PM
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For the record.. The DOJ is WRONG, there was never an application on DEC 7(my father was in SB having open heart that day and I was there), when they replied to my application on NOV 2(applied Oct. 17) the AR pistol was in my "legal" wife’s name through CFARS, I knew it could not be registered. Or could be "jointly”. I took and put in my name and configured into legal configuration (non-register config... DFM) sometime after the 10 day wait... the doj got the "paper work" all ****ed up. They came 5 months later.. With NO investigation. (Why was no warrant issued for the multiple properties I own?? Why at this one? Why not my laquinta home? north Idaho?, Arizona? Or the multiple farmhouses and the multiple yards with storage facilities?? This needs to be public! I go to court Monday FEB4. I want the motion Public, Also understand there are so many more things they did that are disgusting. But we had to lay out simple facts for the judge to rule on (pray he/she understands). If anyone can help??? Let it be known. My computer skills are limited. The CA DOJ is so ****ed up! They need to held accountable...

FYI they were not "silencers" and they took legal configured guns, manipulated them into "AW” That’s in the report. The CA DOJ can get a BS warrant, come into your home, take your "CA legal AR” convert and say "your a felon now??
Let the truth be known....
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  #592  
Old 01-30-2019, 8:44 PM
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For the record.. The DOJ is WRONG, there was never an application on DEC 7(my father was in SB having open heart that day and I was there), when they replied to my application on NOV 2(applied Oct. 17) the AR pistol was in my "legal" wife’s name through CFARS, I knew it could not be registered. Or could be "jointly”. I took and put in my name and configured into legal configuration (non-register config... DFM) sometime after the 10 day wait... the doj got the "paper work" all ****ed up. They came 5 months later.. With NO investigation. (Why was no warrant issued for the multiple properties I own?? Why at this one? Why not my laquinta home? north Idaho?, Arizona? Or the multiple farmhouses and the multiple yards with storage facilities?? This needs to be public! I go to court Monday FEB4. I want the motion Public, Also understand there are so many more things they did that are disgusting. But we had to lay out simple facts for the judge to rule on (pray he/she understands). If anyone can help??? Let it be known. My computer skills are limited. The CA DOJ is so ****ed up! They need to held accountable...

FYI they were not "silencers" and they took legal configured guns, manipulated them into "AW” That’s in the report. The CA DOJ can get a BS warrant, come into your home, take your "CA legal AR” convert and say "your a felon now??
Let the truth be known....

So much sympathy for you dude.



This guy needs some support. A protest. A march. A public Something. For ****s ****ing sake.
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  #593  
Old 01-30-2019, 9:43 PM
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if someone here wants to help post the truth...(motion to squash) contact me asap. ...
Sorry, but a motion (to quash or any other sort of motion) is not "truth." A motion is the moving party asking the judge for a ruling that the moving part wants.

Therefore, a motion is argument. A motion is trying to convince the judge to give the moving party the ruling the moving party wants. So a motion sets out the moving party's side of the controversy and tries to put it in the best light possible.
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Old 01-30-2019, 9:55 PM
bakoFarmer bakoFarmer is offline
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"TRUTH"??? go back to 1939 Germany.... A motion tells the judge what he was not disclosed when the officer asked for the warrant...... if the "TRUTH" was told.. there would be no thread on this. Have annother cocktail..
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Old 01-30-2019, 10:38 PM
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"TRUTH"??? go back to 1939 Germany.... A motion tells the judge what he was not disclosed when the officer asked for the warrant...... if the "TRUTH" was told.. there would be no thread on this. Have annother cocktail..
Phooey!

The motion is setting out what the moving party claims was not properly disclosed/represented in the warrant affidavit. But the prosecution will have its opportunity to file opposition and to argue its position. The judge will then decide.

You're of course emotionally involved. Your vision is therefore distorted by confirmation bias.

We should look at the motion and the opposition and see how the judge ultimately rules.
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Old 01-30-2019, 11:30 PM
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"TRUTH"??? go back to 1939 Germany.... A motion tells the judge what he was not disclosed when the officer asked for the warrant...... if the "TRUTH" was told.. there would be no thread on this. Have annother cocktail..
I'm not sure what you are trying to accomplish here. Did your lawyer approve of you talking about your case publicly? My understanding is that defense lawyers usually prefer that their clients keep quiet, and allow the lawyer to control/present the flow of information.

IOW, the hoi polloi here on calguns are unlikely to be able to help you. However, this is a public forum that any interested LEO/prosecutors can read and reference...

-- Michael
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Old 01-31-2019, 6:19 AM
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Bakofarmer,

Listen to your counsel. I am sure you should only be posting what they approve.
We're on your side.
where is your gofundme for your legal defense?
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Old 01-31-2019, 6:43 AM
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As much as we’d love to see bakoFarmer prevail and read about his travails, his postings probably frustrate his attorney to no avail.
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Old 01-31-2019, 7:58 AM
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Good luck.
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Old 01-31-2019, 8:42 AM
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Originally Posted by bakoFarmer View Post

FYI they were not "silencers" and they took legal configured guns, manipulated them into "AW” That’s in the report. The CA DOJ can get a BS warrant, come into your home, take your "CA legal AR” convert and say "your a felon now??
Let the truth be known....
This would suggest maybe a good idea to have pictures of all our featureless.
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