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  • #31
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by Casual_Shooter
    I'm curious about the flowchart. I doubt an LEO who thinks he is in the right is going to care one way or another what some "flow chart" says. If they decide your gun is illegal, it's gone and will take a lawyer to get it back.
    right, an LEO who is absolutely sure that he is correct may not listen to you, or look at your supporting documentation, but someone who isn't absolutely sure about the legality might be swayed by your info, or may take a step back to think twice before proceding.

    I also wonder if, at some point in the future, if you give an officer the actual law quotes that show that he is in the wrong to procede with the arrest/confiscation, that it could trigger a personal 1983 suit against him.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #32
      greasemonkey
      Banned
      • Jan 2009
      • 2474

      Originally posted by Casual_Shooter
      I'm curious about the flowchart. I doubt an LEO who thinks he is in the right is going to care one way or another what some "flow chart" says. If they decide your gun is illegal, it's gone and will take a lawyer to get it back.
      When presented with a Flow Chart and the SacPD memo, which cites plenty of PC, and you demand to have their supervisor present (does this apply with DFG?), I imagine that would be pretty compelling info that *maybe* he should look into it a bit more before he follows through with an arrest/confiscation.

      Comment

      • #33
        1lostinspace
        Calguns Addict
        • Oct 2006
        • 7848

        Originally posted by SJgunguy24
        DFG is LEO
        Hmmm I did not know they had the same power.
        There are sniper everywhere and nowhere.....who knows what is out there.

        PUREMMA
        MIXED MARTIAL ARTS ACADEMY

        Comment

        • #34
          SJgunguy24
          I need a LIFE!!
          • May 2008
          • 14849

          Originally posted by 1lostinspace
          Hmmm I did not know they had the same power.
          Blue lights and a gun is law enforcment in California.
          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

          • #35
            Untamed1972
            I need a LIFE!!
            • Mar 2009
            • 17579

            Originally posted by 1lostinspace
            Hmmm I did not know they had the same power.
            They are sworn CA LEOs with all the same statewide authorities and power as any other sworn LEO in CA.

            They can also stop you for speeding and write you a ticket.
            "Freedom begins with an act of defiance"

            Quote for the day:
            "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

            Comment

            • #36
              1lostinspace
              Calguns Addict
              • Oct 2006
              • 7848

              Wow that sucks bro... I hope it works out for you, it's funny I was telling guys here that it takes one idiot to loose your AR or AK.

              Good luck
              There are sniper everywhere and nowhere.....who knows what is out there.

              PUREMMA
              MIXED MARTIAL ARTS ACADEMY

              Comment

              • #37
                paul0660
                In Memoriam
                • Jul 2007
                • 15669

                Hmmm I did not know they had the same power.
                It's authority, not power.
                *REMOVE THIS PART BEFORE POSTING*

                Comment

                • #38
                  Zachs300zx
                  Senior Member
                  • Sep 2009
                  • 538

                  So when are we going to see a lawsuit as a civil rights violation? The LEO stripped this man of his 2nd amendment rights while isolated in the California wilderness???
                  He wasn't arrested because false imprisonment has consequences.
                  sigpicDrop in 10 round limiters for rifle and pistol magazines:www.magazineblocks.com

                  Comment

                  • #39
                    Cyc Wid It
                    Veteran Member
                    • Mar 2009
                    • 4485

                    If the information was presented accurately, I'm sure "the right people" will get it taken care of. Granted it will still be a hassle, but it's something.
                    WTS all BNIB: Colt S70 Repro, HK45c, Gen4 G19

                    Comment

                    • #40
                      SJgunguy24
                      I need a LIFE!!
                      • May 2008
                      • 14849

                      Originally posted by Zachs300zx
                      So when are we going to see a lawsuit as a civil rights violation? The LEO stripped this man of his 2nd amendment rights while isolated in the California wilderness???
                      He wasn't arrested because false imprisonment has consequences.
                      If the LEO truly though it was an AW he would have arrested the OP and towed his vehicle. An AW charge is a felony, he would have to arrest him.
                      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

                      • #41
                        CSACANNONEER
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Dec 2006
                        • 44094

                        DFG are state LEOs just like CHP.
                        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                        California DOJ Certified Fingerprint Roller
                        Ventura County approved CCW Instructor
                        Utah CCW Instructor


                        Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                        sigpic
                        CCW SAFE MEMBERSHIPS HERE

                        KM6WLV

                        Comment

                        • #42
                          Untamed1972
                          I need a LIFE!!
                          • Mar 2009
                          • 17579

                          Originally posted by Zachs300zx
                          So when are we going to see a lawsuit as a civil rights violation? The LEO stripped this man of his 2nd amendment rights while isolated in the California wilderness???
                          He wasn't arrested because false imprisonment has consequences.
                          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.
                          Last edited by Untamed1972; 10-18-2010, 1:57 PM.
                          "Freedom begins with an act of defiance"

                          Quote for the day:
                          "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

                          Comment

                          • #43
                            zman
                            Veteran Member
                            • Jun 2008
                            • 3639

                            Originally posted by emc002
                            Without giving too many details, where in CA did this happen so the rest of the hunters on Calguns can be aware?
                            +1

                            Tagged for outcome.

                            Super Robot VOLTES V

                            Comment

                            • #44
                              TurboChrisB
                              Calguns Addict
                              • Mar 2010
                              • 5116

                              I know it's here....I've seen it...I just spent 10 mins search for the SacPD memo without sucess....anyone got the link?

                              Comment

                              • #45
                                Purple K
                                CGN/CGSSA Contributor
                                CGN ContributorCGN Contributor - Lifetime
                                • Dec 2008
                                • 3101

                                Ahhh! I see another CGF smackdown coming!
                                sigpic

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