10/22 SBR arrest

[Junkie]

funny, there was another thread on this the other day: http://www.calguns.net/calgunforum/s....php?t=1376964

http://www.calguns.net/calgunforum/s...6&postcount=27 funny, there was another post linking to that thread the other day

[sigstroker]

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

That's an oxymoron of sorts, there's no such thing as a self respecting ADA.

[ACfixer]

The woman had some kind of knuckle weapon, drugs and attempted to hide a firearm.

This. If this woman was minding her own business camping in the desert and was hassled and arrested for a partially assembled 10/22 then we'd have a story, but it appears it's just a crook getting some add-on junk charges to make bail or OR more difficult.

[alexisjohnson]

Its not about what is or is not an sbr....

Throw as many charges at people and see what sticks....

She'll have to spend 200k to properly fight the charges.....200k that most people don't have...

[yzErnie]

The totality of the circumstances will determine if any felony charges are filed. There are a few critical details left out of the article and they certainly are not going to make her statement (if she made one) available to the public.

[BABUSA]

Big difference between a "barreled action" and a "SBR"

[Pardini]

The SBR charge is a bargaining chip down the road. It will be dropped if she pleads to something else. That's how the system works. The DA is just laying the foundation and not expecting to have to go to court with it.

[sigstroker]

Crooked DA's add on BS charges to make your sentence longer in case you're convicted. Charges that you're found not guilty of can still be used to lengthen your sentence. If the guy's lawyer is smart he'll get that charge thrown out before the trial starts.

[cvigue]

Big difference between a "barreled action" and a "SBR"

I'd like to think so, but please explain how this is not an SBR?

[LowThudd]

Crooked DA's add on BS charges to make your sentence longer in case you're convicted. Charges that you're found not guilty of can still be used to lengthen your sentence. If the guy's lawyer is smart he'll get that charge thrown out before the trial starts.

The DAs job, in a case like this, is to try and bargain a way out of a trial. That is why the stacked charges exist, so that when the Public defender or lawyer shows up, they can offer a charge reduction for a guilty plea. The court system loves and favors plea bargains. Saves time and money.

I don't think it is crooked. They just want to make sure there is a felony conviction/deal rather than it being brought down to a misdemeanor.

However, if it does go to trial, the implications of a barreled action being an illegal SBR are rather scary.

[PMACA_MFG]

I'd like to think so, but please explain how this is not an SBR?

In reality it needs a stock, on a federal level you can turn a rifle into an SBR or a weapon made from a rifle. ATF and every normal state, and probably most of this one would recognize that that is "part of a rifle"

It was not made to be fired like that, and it was not remade to fire like that.

Here is an m1 carbine.



It was made like that. Legal rifle.

Here is an Iver Johnston




Again same action but made as a pistol. Legal pistol

Here is a weapon made from a rifle.



Started out as the rifle above but was remade into that. Illegal

This is a M1 carbine barreled action.



Just part of a rifle. legal. Get your own stock.

[cvigue]

I'm not familiar with the carbine, can it operate correctly without the furniture? Is the barrelled action less than 26" long?

[PMACA_MFG]

Should, stock is nothing but wood, barrel is 18" think it would be shy of 26" as an action. But he point is it was not made or remade to fire like that. As soon as you improvise some kind shield to stop your supporting hand from getting caught up in the action, you have remade, and that's a problem.
Just having the action out of a stock, is fine. Otherwise you wouldn't be able to bed a rifle,or properly clean it, or change the stock.

[cvigue]

....(t)he point is it was not made or remade to fire like that. As soon as you improvise some kind shield to stop your supporting hand from getting caught up in the action, you have remade, and that's a problem.

That actually makes sense even though the actual law is pretty vague.

[LowThudd]

Some one earlier mentioned that the trigger group pins fall out easily without a stock. If someone used bent paper clips for instance to hold the trigger group in without the stock, and without losing the pins, that could be enough of a modification I think.

Again, I think the SBR charge is there mainly to bolster the case to get a felony plea bargain of some type. I hope.