What's wrong with this picture/story?

[marc4]

This man was arrested for attempted false imprisonment and impersonating a police officer. If you look at the pictures, you will see a pistol with a wire stock. Why was he not charged with possession of a short barrel rifle?
(I know the answer but it may surprise some of you.)
I just hope his not a calgunner.

http://www.sgvtribune.com/rds_search/ci_14758503

[Scratch705]

is a wire stock is legal? hence why the no charge?

[Knight]

Not really a firearm?

[bluestaterebel]

What a weirdo

[marc4]

Not really a firearm?

BINGO!
I ask the Lt. in the story about it and he said it was a plastic toy gun.
So why bother bringing it into evidence and having the media make everyone else think its a real firearm.

[bohoki]

they have to justify their existence by making sensationalized stories

but impersonating a police officer i think should be min 10 year sentence

[Rukus]

So why bother bringing it into evidence and having the media make everyone else think its a real firearm.

Because regardless of whether or not it is a real firearm, if it is used while committing a crime I believe that it automatically bumps up the charge.

[POLICESTATE]

I just dont understand these weirdos. if only they would put as much energy into getting into LE, they will make a real cop!

However I bet they will fail the psycho part.

Because it looks good and scary in newspapers and on TV.

[Sam1]

+1 for fake firearms used to commit his acts.

[Jonathan Doe]

BINGO!
I ask the Lt. in the story about it and he said it was a plastic toy gun.
So why bother bringing it into evidence and having the media make everyone else think its a real firearm.

Whether it is a real firearm or not, it is an item of evidence nevertheless.

[swerv512]

i want to say that the guy is a loser, but after thinking about it- he could have chosen to emulate a far worse profession- ala Ted Bundy or some physco maniac...

[Quiet]

Under CA laws, a toy gun is treated as an imitation firearm [PC 12550(c)]

If the suspect modified it to look more like a real firearm, it's another charge [PC 12553].

Also, if they have proof he carried it in public, it's grounds for additional charges [PC 12556(a)].



Penal Code 12550
(c) "Imitation firearm" means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

Penal Code 12553
Any person who changes, alters, removes, or obliterates any coloration or markings that are required for by any applicable state or federal law or regulation, for any imitation firearm, or device described in subdivision (c) of Section 12555, in any way that makes the imitation firearm or device look more like a firearm is guilty of a misdemeanor. This subdivision shall not apply to manufacturer, importer, or distributor of imitation firearms or to the lawful use in theatrical productions, including motion pictures, television, and stage productions.

Penal Code 12556
(a) No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision (c), is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense.
(c) A third or subsequent violation of this section is punishable as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the imitation firearm is:
(1) Packaged or concealed so that it is not subject to public viewing.
(2) Displayed or exposed in the course of commerce, including commercial film or video productions, or for service, repair, or restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video, television, or stage production.
(4) Used in conjunction with a certified or regulated sporting event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest control activities.
(6) Used or possessed at certified or regulated public or private shooting ranges.
(7) Used at fairs, exhibitions, expositions, or other similar activities for which a permit has been obtained from a local or state government.
(8) Used in military, civil defense, or civic activities, including flag ceremonies, color guards, parades, award presentations, historical reenactments, and memorials.
(9) Used for public displays authorized by public or private schools or displays that are part of a museum collection.
(10) Used in parades, ceremonies, or other similar activities for which a permit has been obtained from a local or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) Used in areas where the discharge of a firearm is lawful.
(13) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings.
(f) Nothing in this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10.

[Cpl. Haas]

The 1911 is fake too... as is the GLOCK next to it. The other GLOCK appears to be real though.

LINK

[audihenry]

I just dont understand these weirdos. if only they would put as much energy into getting into LE, they will make a real cop!

However I bet they will fail the psycho part.

There are plenty of cops who are psychos. Case in point, this guy: http://webcache.googleusercontent.co...&ct=clnk&gl=us

[trob]

+1 for fake firearms used to commit his acts.

where did it say he used toy guns to commit any crimes?

Thats like saying, someone that commits strong arm robbery while having a whiffle ball bat in their trunk is guilty of using the whiffle bat during the robbery.