OC test case

[6172crew]

Hope this isnt a Dupe but looks like OCSD snatched a OOL w/ a fixed 10 round setup.

http://www.ar15.com/forums/topic.html?b=8&f=11&t=232243

I say we back this guy up and see if we can win in court, I know its not my Arse but if he already busted then we dont want him to give up his rifle to the JBT.

The same thing happened to 3-4 Marines (me included) when I was stationed in OC, we had to call the DOJ to get our stuff back, and they did a background check on us. The background check included info that was sealed when a juvenille and took 10 years to clear up.

All because the OC deputy didnt know the law and said he "had" to take the rifles because he didnt have any choice.

[PanzerAce]

Hope it goes well for the guy. On the other hand, this WILL force the issue of the DOJ memo.

[CALI-gula]

I'm not buying that story just yet. Of course, it's plausible, but it sounds as if this is someone fixed on a "I told you so" mantra, so much wanting for the Off List Lower issue to go sour, that they might post a story and make it up along the wayas people cast doubt.

Main reason for My doubt? This part of the follow-up post:

....they got out a book and tried to look up the laws but couldn't figure it out....SO they took it and let him go with his handguns.

They got out a book? Maybe the AW guide perhaps, but I don't know of too many LEO that drive around with libraries in their trunk. And under a possible infraction, they just let him go with his handguns? In that case, if true, he got lucky.

.

[jemaddux]

I'm thinking BS myself. I have had way to many LEO buy them for own purpose out of LAPD and so on. All of them I have talked to said as long as its a fixed ten and your not being a idiot they could really care less right now until this is all figured out. Just my opinion

[kenc9]

The story just doesn't add up and is not backed up with any fact.

Probably BS...

[ETD1010]

Bottom Line: I've read the law, and the law is clear on legality. Reguardless of the recent memo, that officer (if it DID happen, which I doubt) was out of line.

[phish]

The LEO posting in that thread seems to be doing a pretty good job picking that story apart. If it is b.s., it will be flushed out shortly.

[Dump1567]

As I posted over there, why is it always someones "friend" and not the actual guy. I could see deputy/ofc. "no nothing" confiscating one of these rifles. This is the importance of having paperwork to prove legitamicy. Do you really expect LEO's to memorize the 700 to 1,000 new laws passed by the liberals every year? Let alone, read some DOJ memo that changes every few months ?

[elsolo]

They got out a book? Maybe the AW guide perhaps, but I don't know of too many LEO that drive around with libraries in their trunk. And under a possible infraction, they just let him go with his handguns? In that case, if true, he got lucky.

.

Not related to the OLL story but....

I got pulled over once by a young cop that was going to give me a ticket for not having a sideview mirror on the passenger door of my 67 chevelle. She kept me there for 45 minutes while she thumbed through the CA vehicle code book (while standing next to my car) before she gave up and angrily said
"I can't find the number right now, but don't be surprised when another cop gives you a ticket for it."

I laughed, I have owned that car for 15+ years, that was a one time idiot cop with a "I think it's probubly illegal" attitude.

[artherd]

Waiting with baited breath for a case # and officer's notes, copy of citation.

That much should be in the posession of the issueing agency (albit not necessarily formally on file) 24 hours and/or next business day depending on agency.

"Busted tail light" could mean markers (dark conditions only) or brake lights (all hours I belive.) Stops do occur in gas stations. Also LE officers issue illegal tickets, search without PC, etc. on a relatively routine basis.

All that said, this does sound fishy. He "registered" his doublestar? How'd he do that, exactly?

I'm eager to hear more, and have not passed judgement either way yet. If this is genuine, and if the insane DA is foolhardy enough to actually file charges, then I would like to help.

[UberPhLuBB]

Originally Posted By Baddilly:
The rifle was a Double Star lower with 16 inch upper and the fixed bolt 9 round mag, it was registered over a month ago.

Yeah. Bogus.

[Turbinator]

I laughed, I have owned that car for 15+ years, that was a one time idiot cop with a "I think it's probubly illegal" attitude.

Just for my own edification, I seem to recall that it is not illegal to not have a righthand side rearview mirror, as long as you have a rearview mirror mounted on the front windshield and on the driver's side door?

Turby

[dhl]

Granted, it's difficult to offer an informed opinion based upon third or fourth party information, etc., but, is it possible the rifle was confiscated because it was out in the open and not in a locked case or with a lock on it or some other reason other than simply because it was an AR? I didn't see that in the thread but, it might be illegal the 'way' it was transported in that particular area or state.

[EBWhite]

Rifles in the state of CA (unless registered AW) are not required to be locked. You can have it sitting right next to you as long as it is unloaded.

[Dump1567]

The rifle being confiscated really doesn't suprise me at all. The Deputy saw an AR and figured it was illegal or at the least, might be illegal. He confiscated it for "safe keeping" until he could make a determination. This whole off-list thing has only been around for a few months. I doubt the DOJ has been sending out memo's to LE Agencies to advise them of the off-list situation. Based on the outdated AW guide, all these AR's are AW and had to be registered.