10/22 SBR arrest

[junior805]

https://scontent-sjc2-1.xx.fbcdn.net/v/t1.0-9/21463044_10159271422555006_2596502346335088312_n.jpg?oh=8c9c6442e0736da624c88d68f35ce96f&oe=5A51F332

Copied from the Fresno PD fb page.
Since the stock has been removed and is under 30", is this considered an sbr?

[Quiet]

Since the stock has been removed and is under 30", is this considered an sbr?

Under CA laws...

If the rifle has an overall length of less than 26", then it is a SBR. [PC 17170(b)]

If the rifle is modified and the result is an overall length of less than 26" (weapon made from a rifle), then it is a SBR. [PC 17170(c)]


Penal Code 17170
As used in this part, “short-barreled rifle” means any of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c), inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

[GE Dash 9-44CW]

that is NOT an SBR

[unusedusername]

I think they would have some difficulty arguing that a disassembled 10/22 with the stock removed is a SBR. I'm not sure if it can even be fired in that configuration.

In all likelihood though, the gun charges are "add ons" to drug, theft, assault or other charges.

[Quiet]

I think they would have some difficulty arguing that a disassembled 10/22 with the stock removed is a SBR. I'm not sure if it can even be fired in that configuration.

In all likelihood though, the gun charges are "add ons" to drug, theft, assault or other charges.

It can be fired without a stock installed.

It (Ruger 10/22 without stock installed, which results in an overall length of less than 26") meets CA's definition of a SBR (weapon made from a rifle). [PC 17170(c)]

Penal Code 17170
As used in this part, “short-barreled rifle” means any of the following:
(c) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.

[SVT-40]

It's not "modified" It's disassembled with the barreled action removed from the stock.

It's not "altered" or modified". Which is required by the code.

The statute clearly states "Any weapon MADE from a rifle..... "if that weapon, as modified" Is less than 26".......

Merely taking a gun apart is not an alteration or modification. Additionally it's not "MADE"...

The section requires the offender to do something affirmatively to modify a firearm.

Disassembly is not an affirmative action to "make" something into a SBR.

[Junkie]

https://www.facebook.com/FresnoPolic...59271422880006 has the text etc

does this mean that if I take an AR lower with no buffer tube installed but otherwise complete, and put an upper on it, that I have an SBR?

[HUTCH 7.62]

Wish I had an SBR.

[junior805]

It would be interesting to see what her public defender would do. Fight the sbr charge or ask for dismissal.

[Quiet]

It's not "modified" It's disassembled with the barreled action removed from the stock.

It's not "altered" or modified". Which is required by the code.

The statute clearly states "Any weapon MADE from a rifle..... "if that weapon, as modified" Is less than 26".......

Merely taking a gun apart is not an alteration or modification. Additionally it's not "MADE"...

The section requires the offender to do something affirmatively to modify a firearm.

Disassembly is not an affirmative action to "make" something into a SBR.

IMO...
They are reaching and saying it's a weapon made from a rifle via "otherwise". Since there was no stock at the scene, just the rifle as pictured.

"Hit them with the biggest charge and see what sticks."

[heidad01]

IMO...
They are reaching and saying it's a weapon made from a rifle via "otherwise". Since there was no stock at the scene, just the rifle as pictured.

"Hit them with the biggest charge and see what sticks."

This.

It is common to charge people with what ever they can think of and pass the hassle to defense to prove that the charge is bogus.
This happens all the time due to Leo's/ADAs lack of knowledge about the law or wanting to make their case sound more serious and glamorous, or the guy is a seriously nasty dude and they want to burn him as much as possible.

Very unbecoming of a decent and self respecting LEO or ADA, yet it happens all day long.

[Junkie]

IMO...
They are reaching and saying it's a weapon made from a rifle via "otherwise". Since there was no stock at the scene, just the rifle as pictured.

"Hit them with the biggest charge and see what sticks."

I don't believe Ruger sells 10/22 actions. If it's an actual Ruger, and it doesn't say Charger, I'm sure they can get info from Ruger on how it left the factory.

[SVT-40]

The charge will never be filed re. the alleged SBR. It simply does not meet the necessary requirements to be a SBR.

Charging and filing are two different matters. Facts are though the suspect was not a "good" person, and kudos for the officers arresting a gang member.

The other charges will be filed..

[OlderThanDirt]

A good defense attorney would have the prosecutor take that SBR to the range and fire a few rounds barehanded.

[cal3gunner]

10/22 SBR arrest

I didn't see a thread about this yet. CA woman arrested for 10/22 without a stock.

http://www.guns.com/2017/09/12/california-woman-charged-with-illegal-sbr-over-stock-less-1022/?utm_campaign=trueAnthem%3A+Trending+Content&utm_content=59b7fd7a04d30105b504936b&utm_medium=trueAnthem&utm_source=facebook