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Monsterman type grips litigation ?

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  • Rusty Scabbard
    Senior Member
    • Dec 2010
    • 591

    Monsterman type grips litigation ?

    Have there been any legal cases that have set precedent, establishing Monsterman or equivalent type featureless grips are defensible if AW charges are filed ?
    According to website info I've looked at the DOJ would not take a position on the legality of these, leaving it instead up to all the county DA's whether to file charges for people found with equipped rifles.
    The language of SB 23 is pretty clear to me that these grips would be OK, but I'm wondering if it has been tested in court.
  • #2
    Baconator
    Bacon makes it better
    CGN Contributor - Lifetime
    • Jan 2009
    • 9547

    Comment

    • #3
      bwiese
      I need a LIFE!!
      • Oct 2005
      • 27621

      In 2007, CA FFL John Contos of Sonoma Firearms was arrested by DOJ at gunpoint on his deck
      while smoking a cigarette. (No kidding)

      A variety of AW charges were thrown at him including that of guns/receivers with California Rifles'
      U15 stocks (which were _not_ thumbhole stocks).

      I believe some MonsterMan grip-equipped receivers guns were in the melee too - but did not have
      charges associated with them.

      This was a DOJ-driven case but run out of the Solano County DA's office. The case was defended
      by Calguns Foundation (CGF).

      The Solano Conty DA was left hanging in the wind by Calif DOJ (and agent Iggy Chinn and Deputy AG
      Allison Merrilees) and indicated they could in no way meet burden of proof of illegality. In Dec 2009,
      all charges were dropped.

      The relevant firearms and accessories were returned to Mr. Contos, and he also received an "FFI" (a
      Factual Finding of Innocence) from the Court.

      A bit after this fiasco, both DOJ agent Iggy Chinn and Ms. Merrilees found other employment elsewhere
      outside DOJ. I note this was during the administration of Attorney General Brown.

      This is about as high as 'grips' and 'stocks' for AWs have gone in CA court - and this was a DOJ-driven
      case, not the result of a local yokel arrest.

      [In _FEDERAL_ court, in Haynie litigation, AG/DOJ stated that BulletButton-configured rifles were legal
      and this can be used if any further BB nonsense charnges arose.]

      Since then, a few hundred thousand more ARs etc have been sold in CA at shops and gunshows, some
      with MonsterMan grips, some with SolarTactical kydex grip 'wraps', and also guns with the new Thordsen
      Customs stock (similar in theme to U15) - plus all the 'featured' guns with BulletButton maglocks. These
      have been sold by DOJ-inspected/audited gun shops in full view of DOJ agents/field reps.

      It's safe to say no further drama will happen in court via DOJ on these items (unless completely new legislation
      were passed and signed by governor).

      Some local yokel cops may jump on someone for a phony AW, but that's an agency training/competence problem
      [which can even happen involving Mossberg 500s and other 'normal' guns] and we can get those guns back/charges
      dismissed/FFIs, etc. However, I will note that things have generally quieted down in the arena of "legally-configured
      semauto centefire rifles" (outside of drama about lack of serial#s on homebrew receivers).

      If you want an MMG-equipped AR, go for it. You can use any legal (i.e, pre2000) hicap magazines you might own in
      the gun if it has no other 'evil features' like flash hider, telestock, etc.
      Last edited by bwiese; 05-04-2014, 2:54 PM.

      Bill Wiese
      San Jose, CA

      CGF Board Member / NRA Benefactor Life Member / CRPA life member
      sigpic
      No postings of mine here, unless otherwise specifically noted, are
      to be construed as formal or informal positions of the Calguns.Net
      ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
      employer. No posts of mine on Calguns are to be construed as
      legal advice, which can only be given by a lawyer.

      Comment

      • #4
        strongpoint
        Veteran Member
        • Dec 2010
        • 3115

        Monsterman type grips litigation ?

        Originally posted by bwiese
        In 2007, CA FFL John Contos of Sonoma Firearms was arrested by DOJ at gunpoint on his deck while smoking a cigarette. (No kidding)

        A variety of AW charges were thrown at him including that of guns/receivers with California Rifles' U15 stocks (which were _not_ thumbhole stocks).
        There's also People v. Haack and Haack, the 2010 case in which DOJ agent Frank Navarro testified that MonsterMan grips (and others, including Hammerhead grips IIRC) do not qualify as pistol grips under the 11 CCR 5469(d) definition. That might be more on point.

        OP, there's a thread about it (started by the Haacks' defense attorney) here.

        ETA: Yes, I see it in the link Baconator provided.
        Last edited by strongpoint; 05-04-2014, 8:29 PM.
        .

        Comment

        • #5
          Rusty Scabbard
          Senior Member
          • Dec 2010
          • 591

          Thanks for the information !

          Comment

          • #6
            Mesa Defense
            Senior Member
            • Feb 2009
            • 2172

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