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Need advice
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DELETE POST. GET ATTORNEY.
End of thread.Originally posted by Kestryll......yes I'm an idiot -
I would imagine the DA probably has better things to do and the officer is just scaring him on a power trip. But either way nothing your cousin can do but wait. He can consult a lawyer. The 30 Rd mag is probably just a fine with confiscation. Not sure if an unlocked radlocked AR constitutes a felony assault weapons possession though.Comment
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I'll second the "GET AN ATTORNEY" post, plus the "delete this post" comment with telling him to STFU until he gets said attorney, who will then tell him to STFU.
He's too young to have a believable excuse for the 30 round magazine, if the loaded 10 rounder was in the gun, he's got serious issues. The unlocked raddlock is a whole different can of worms altogether. If they push for importing a large capacity magazine and the unlawful assault weapon charge, he could be in a world of hurt real fast. Possible felony charging, jail time, loss of gun rights, etc.
Don't believe for a minute a DA is going to gloss over this one.
GET THE BEST ATTORNEY HE/YOU CAN AFFORD BEFORE IT'S TOO LATE
just my humble opinion from a LEO with 32+ years of experience.LASD Retired
1978-2011
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[QUOTE=Messerschmitts;17959417]I would imagine the DA probably has better things to do and the officer is just scaring him on a power trip. But either way nothing your cousin can do but wait. He can consult a lawyer.

The 30 Rd mag is probably just a fine with confiscation.
they were coming in from Nevada. If they told the officer that, they admitted to importing, a potential felony
Not sure if an unlocked radlocked AR constitutes a felony assault weapons possession though.[QUOTE]
Definitely has the felony potentialLASD Retired
1978-2011
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There is a statute of limitation and "coming from Nevada" doesn't imply importation - it's much more likely that the acquisition occurred prior to the NV trip and DA would have hard time proving they just purchased it, or that the acquisition was in the past 3 years (I believe.)
However, this WILL require a good attorney to sort out. Best case scenario is that the magazine is gone.
As for the rifle, it will come down to the details of the configuration, where the magazine was at the time they got pulled over, etc.
A perfect example of why one shouldn't talk to the police and should never consent to search. Without consent and assuming the officer didn't try to fabricate PC/RS, all of the evidence would be inadmissible.sigpicNRA Benefactor MemberComment
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sigpicNRA Benefactor MemberComment
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You cannot delete the thread but you can edit your original post and delete the contentsOriginally posted by Kestryll......yes I'm an idiotComment
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After you delete the content your title will still be up. For future reference, you wanted to say you "need advice." Not "need advise."
I know it's a small detail, but I'm a stickler about that stuff because people that spend a lot of time around guns SHOULD pay attention to details, it may save a life one day. Good mental habits and so forth. It also makes us all look like inbred hicks when half the titles in a forum have 2nd grade grammar mistakes.Comment
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Call an Attorney ASAP, go to advance edit and change your title and type "edited" in the body.
Did he have a hunting lic fishing lic? This will reflect the purpose of the trip in which case may have some weight on the DA's decision.Comment
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There is a statute of limitation and "coming from Nevada" doesn't imply importation - it's much more likely that the acquisition occurred prior to the NV trip and DA would have hard time proving they just purchased it, or that the acquisition was in the past 3 years (I believe.)
However, this WILL require a good attorney to sort out. Best case scenario is that the magazine is gone.
As for the rifle, it will come down to the details of the configuration, where the magazine was at the time they got pulled over, etc.
A perfect example of why one shouldn't talk to the police and should never consent to search. Without consent and assuming the officer didn't try to fabricate PC/RS, all of the evidence would be inadmissible.
Yes, but a lot rests upon what he's already said to the police.LASD Retired
1978-2011
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Which is why you don't. Unfortunately that is what it has come to.
The officer could have corrected the issue, taken the 30 and let them be in their way..
But no, let's make some more criminals
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The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
All that is required for evil to prevail is for good men to do nothing.
-Edmund Burke
I'd much rather go to my grave never needing my gun, than go there wishing I had it.
- Phil Dalmolin
The Battle of Athens was illegal too.Comment
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Thanks everyoneComment
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