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  • #61
    rero360
    Veteran Member
    • Dec 2009
    • 3926

    Originally posted by Untamed1972
    This trend of "confiscation w/o arrest" is becoming a bit of a troubling pattern. It's almost like they're purposely not arresting because they know that an arrest requires alot more justification, paperwork and scutiny. So to avoid the scutiny they just take the gun. But if someone is truly in felony posession of an unregistered AW, I think there needs to be some forced scutiny on why they would confiscate the gun but not make the felony arrest.

    Almost just seems like a gun grab in hopes the guy will not be willing to deal with the hassle to get it back. Perhaps some costly litigation will be needed at some point to stop this seeming abuse of authority.

    I really would like an explanation over this confiscation w/o arrest question. It's almost like they know it's gonna be a stretch to make an AW charge stick, so to avoid that scrutiny they just confiscate which in essence keeps that matter "in house" within the Dept. rather then having it actually go to court and be scrutinized by a judge.

    If they just confiscate then it essentially becomes a matter of ones attorney having to deal with the Dept. where procedures are less defined vs. the courts where that are more strict rules.
    I think thats the scenario where you call the CGF hotline, give them the important info then tell the officer that if they are going to take the firearm its because he thinks its illegal, if its illegal then its a felony, if its a felony then you must arrest me.

    Force their hand, make them detain you and then shut your pie hole and let our legal eagles nail them to the wall.

    I know my AR is 100% within the laws, if any officer tried that nonsense with me I think I'd be doing exactly as I outlined above, make them follow the rules in dealing with a "felony" it just sweetens the juice for us in the long run.

    Comment

    • #62
      mif_slim
      I need a LIFE!!
      • Apr 2008
      • 10089

      Update coming soon.
      Originally posted by Gottmituns
      It's not protecting the rights of the 1%, it's IMPOSING new laws because of the 1%.

      Comment

      • #63
        mecam
        Veteran Member
        • Jun 2007
        • 4049

        This is the reason why I don't varmint hunt with an AR anymore. I Ended up buying a Rem700 VTR in both a .223 & .308. I just don't want to deal with this kind of drama. You will get your AR back, but in what condition? There was an AR that was recently returned to the owner from the CHP and the mother of the owner said it was returned all banged up and dented. I mean WTF, no respect for people's property!!!

        -
        sigpic

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        • #64
          wildhawker
          I need a LIFE!!
          • Nov 2008
          • 14150

          PM sent.

          As an FYI, please visit calgunsfoundation.org and see the "Hotline" page, or email us at hotline@calgunsfoundation.org if there's an urgent legal issue related to firearms.
          Brandon Combs

          I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

          My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

          Comment

          • #65
            aaronraby1
            Senior Member
            • May 2010
            • 825

            exactly why i love a good ol bolt rifle.

            Comment

            • #66
              0x80884
              Junior Member
              CGN Contributor
              • Aug 2010
              • 85

              I just wanted to thank the OP. It's scary things like this happened, but I now have the CGF # programmed into my phone if it ever happened to me.

              Fight the good fight!
              -Bobby

              Comment

              • #67
                CavTrooper
                Calguns Addict
                • Jul 2007
                • 5944

                Originally posted by mif_slim
                So went out to the woods and DFG saw and took my AR. Said it was a assault rifle and I explained to them it's a 10/10rd mag and bullet button for non-detachable mag. They ignored it it tool them a while to come up with a reason to take it. So today, I'm going to fight it. Anyone has any info to help, link it up soon I can print it and show em bastards!
                A join date of 2008 and 3000+ posts and you are asking this question?

                Hmm...

                Comment

                • #68
                  CavTrooper
                  Calguns Addict
                  • Jul 2007
                  • 5944

                  Originally posted by Ron-Solo
                  Sneaky feeling that there is some important info missing, which is fine, but jumping to conclusions does not do any good.

                  CGF will figure it all out.
                  For once, I agree with you.

                  Theres something else going on here.

                  Comment

                  • #69
                    Vtec44
                    Senior Member
                    • Jan 2009
                    • 2237

                    I hunt with my AR and I would like to see an update. I hope they'll be educated so that this won't happen again to other law abiding citizens.
                    "When chosing between two evils, I always like to try the one I've never tried before." - Mae West

                    Comment

                    • #70
                      rg_1111@yahoo.com
                      Calguns Addict
                      • Feb 2003
                      • 5746

                      I hope you received a receipt for your AR.

                      Comment

                      • #71
                        paul0660
                        In Memoriam
                        • Jul 2007
                        • 15669

                        Theres something else going on here.
                        Yup.

                        Also, post #42 alludes to other confiscations, which I am not aware of.
                        Last edited by paul0660; 10-18-2010, 7:12 PM.
                        *REMOVE THIS PART BEFORE POSTING*

                        Comment

                        • #72
                          J-cat
                          Calguns Addict
                          • May 2005
                          • 6626

                          Then under what authority did he seize the firearm?

                          Comment

                          • #73
                            greasemonkey
                            Banned
                            • Jan 2009
                            • 2474

                            Originally posted by J-cat
                            Then under what authority did he seize the firearm?
                            I think it's under PC 143.me which reads "I can do WTF I want because I AM THE LAW!"

                            But seriously, I also find it really strange that it was confiscated as an AW and there was no arrest...

                            Comment

                            • #74
                              SJgunguy24
                              I need a LIFE!!
                              • May 2008
                              • 14849

                              Originally posted by J-cat
                              Then under what authority did he seize the firearm?
                              Because they are Law Enforcment and if that is an AW under CA law they are supposed to take it and arrest the person for possession of an unregistred AW, a felony in CA.


                              Originally posted by greasemonkey
                              I think it's under PC 143.me which reads "I can do WTF I want because I AM THE LAW!"

                              But seriously, I also find it really strange that it was confiscated as an AW and there was no arrest...
                              This is what is pissing me off. That should be considered grand theft and that LEO needs to lose the badge for commiting a felony.
                              There are 3 kinds of people in this world.
                              The wise, learn from the mistakes of others.
                              The smart, learn from their own mistakes.
                              The others, well......they just never learn.

                              "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                              Patrick Henry.

                              Comment

                              • #75
                                Nor-Cal
                                Senior Member
                                • Sep 2009
                                • 1235

                                Hope this turns out good for OP and I'm sure CGF is ready to lay a smack down on DFG for this one!
                                sigpic

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