Solano County Sheriff’s Office Seized NFA Weapon

[GW]

I think the sheriffs already knew what they woud find and just used the dog as a prop for probable cause.
Don't they always throw a bag of drugs up with the guns when the make a bust? So where's the drugs the dog detected?

[OlderThanDirt]

We call this an "unregistered SBR". This is not a legally obtained BATF approved NFA firearm. So the title of this thread is very misleading.

Other than that the auto sear is a big no. He's looking at 10 years.

Well he deserves 10+ years. I feel bad for the victims of his heinous crimes.

[enegue]

I think the sheriffs already knew what they woud find and just used the dog as a prop for probable cause.
Don't they always throw a bag of drugs up with the guns when the make a bust? So where's the drugs the dog detected?

[FightYouRightNow]

so dirty, have some respect for your ghost short barreled machine gun and at least keep her clean

lol the tasco

[RickD427]

IF

When the deputies "discovered" the AR-15 it was in the same disassembled condition as the photo. It is NOT an AW is it?. Is it even a semi-auto according to ATF. Or is it gun parts.

It's definitely not a California-defined "Assault Weapon", even if the upper and lower receivers were attached. To be an Assault Weapon, it would need to be an "evil by name" lower, which it can't be since it was identified as a "Ghost Gun", or it would have to be a SEMI-AUTO having prohibited features. The photo clearly shows it fitted with an auto-sear pin. That knocks it out of the SEMI-AUTO realm, and therefore also out of the AW realm.

It's also not "just parts." It is an illegal NFA weapon on at least two counts: 1) The barrel length makes it an SBR. 2) The auto-sear makes it a machine gun. Separating the parts may defeat a California state AW charge, but it don't do nothing to defeat federal NFA charges.

But then I didn't see anything in thread to indicate that the Sheriff's Department said anything about "Assault Weapon."

And the magazine is covered under the Benitiz/Duncan injunction.

Maybe, and Maybe Not. There not enough info in the posting to determine if the mags are covered by the injunction.

They used a drug dog to find gun parts? But no mention of drugs? Hmmm.


A simple traffic stop that turned into another "FISHING TRIP"?

Another "scripted alert" by a well trained K-9?

I'm not sure why the Sheriff's included anything about the canine. It's not relevant to their search authority to search the vehicle. Maybe they're just looking to get some publicity for the canine, you know "Throw the dog a PR bone."

Once the deputies established that the driver was operating the vehicle on a suspended license, the vehicle became subject to an impound, and to an impound search. Whether the canine "alerted", or not, doesn't do anything to change the deputies' standing to conduct the search.

[RickD427]

I think the sheriffs already knew what they woud find and just used the dog as a prop for probable cause.
Don't they always throw a bag of drugs up with the guns when the make a bust? So where's the drugs the dog detected?

Except that they didn't need the dog for "probable cause." They had everything they needed for a lawful search before the dog even got there.

[B.J.F.]

First it's a ghost gun, second it has full automatic parts in it. I heard that once you drill that hole, you're done. Short barrel on a regular stock makes is an SBR. Funny thing is he tried to have it seperated as if that was going to save him. Haha

[mrdd]

IF

When the deputies "discovered" the AR-15 it was in the same disassembled condition as the photo. It is NOT an AW is it?. Is it even a semi-auto according to ATF. Or is it gun parts.

And the magazine is covered under the Benitiz/Duncan injunction.

They used a drug dog to find gun parts? But no mention of drugs? Hmmm.


A simple traffic stop that turned into another "FISHING TRIP"?

Another "scripted alert" by a well trained K-9?

I think that the cops are being less that honest about the dog. I don't see why the dog was even needed if he was driving on a suspended license.

Note from my earlier post that CA has constructive possession laws about SBRs and machines guns. Regardless of my personal feelings about these laws (I think that they are lousy), he was clearly in possession of a short barreled rifle and a machine gun under the law.

For the state machine gun laws, all you need is to be in possession of a receiver, which he had, since it had a third hole. We don't know whether he had all of the parts, but that is not necessary under state law.

[beanz2]

Just curious. If a third hole were drilled in the wrong location, does that still make it a machine gun? What makes a hole drilled 1/8” forward from the correct auto sear location any different legally than a lightening hole milled in the magwell as in those skeletalized lowers?


.

[HAVOC5150]

Blackout 300 ��.

[Gowking]

Man you guys are slipping... not a single comment on the trigger guard... what’s Calguns coming to...

[sirgrumps]

wow, 3rd pin and sbr, not good

[LTC-J]

I'm not a drug dog expert but doesn't drugs leave detectible traces even after they are gone?

And woohoo... if you are going to break gun laws, might as well go for everything

[AregularGuy]

This whole situation is not too hard to decipher. Beater car, suspicious looking dude with face tattoo driving. Guy might be known to police. Might have arrests for drug related offenses, previous felony convictions, etc. Maybe a driving infraction or something else out of kilter with the car to get pulled over.

I remember a police officer telling me about this mental "formula" he had for pulling people over. Nice car in good shape, he would need 2 minor or 1 major violation to pull them over. Beater car with suspicious looking person, 1 minor violation.

Either way, the stop is the foot in the door to investigate for something more substantial. Add in a "suspicious license" or a bad attitude and you are going to get the latex glove treatment.

The dogs can alert on a very, very small amount or even a remnant of the substance. All it takes is the smell, even residual odor and the dog will alert. Very plausible that at one time there were drugs in the car that were not present at the time of the search. He rolled the dice and crapped out. Too bad for him.

[superhondaz50]

I am ignorant of these details...could someone educate me about what that detail picture shows...and what is illegal about it...thanks.

His lower has the shelf machined out, and the third pin hole drilled. This allows him to install the auto sear. It's not an sbr, it's a full blown machine gun.