Pistol? Rifle? What is it?

[East Bay Cop]

fom my recollection im pretty sure the afs hit will advise if its regd as a pistol or long gun

[CSACANNONEER]

Just remember that it is not illegal to own or possess unregistered handguns in Ca.

[Notorious]

Run it if you have doubts. If it comes back legit, no harm no foul.

[SoCalDep]

I wonder if there are doctors forums where doctors ask other doctors questions then normal people get to come in, accuse the doctors of bad intent, then try to tell them how to do their job.

Given there complete lack of experience in dealing with the criminal justice system, criminals, and the job in general, I find it insulting and naive that some make assumptions of one cop who comes to a pro-gun forum to ask a question in hopes to interpret the law correctly. Of course cops have been trained to "get guns off the street". Illegal guns. Guns possessed by people doing bad things. This is part of our job and while I find it funny that some wish officers to use complete "discretion" with regard to letting people go for felonies because they "aren't criminals" they become angry when officers simply don't agree with them.

In short, don't worry to much about these responses. They emanate from people who, as displayed by their statements, don't want reasonable cops, they want cops who agree with them. Nothing more and nothing less will satisfy them. Fortunately, I am not in the business of satisfying people. I'm in the business of doing the right thing, and I often feel there is a large membership here who would gladly have me do what supports their selfish political and social desires rather than what is right. I will do what is right and I'm guessing you will to.

Stay safe out there and please keep us informed. As I'm out of the field and no longer have access to MDT/MDC, I'd like to know.

[nickbackouris]

For some reason I feel like I need to defend myself here, but I'm not going to waste my time. Long and short of it, I enjoy taking guns from gangsters. I HATE the thought of taking a good person's gun. I have yet to take a gun from a good person, and I have had some good people put themselves in really dumb situations that probably should have got them arrested. I let a guy go one time when he had a loaded 45 under his driver's seat, no CCW, no reason, just not thinking.

I enjoy knowing good people have guns of their own to protect them from gangsters, burglars, and thieves. However, I don't make the laws, I just work here. I do the best with what I have. My intention of this thread was to learn, not debate or defend myself. Anyway, I worked all night and it's time for bed.

Thanks for the input.

[SoCalDep]

I do understand. Your feelings don't matter to me as much as avoiding loosing my job for failing to do what I swore to do which is to protect the public and enforce the law. Article three of the constitution you reference establishes the judicial branch of the United States government, which is tasked with the interpretation of the laws within this country. California has a similar judicial element to it's government. I'm going to listen to them rather than what you "feel".

There are people who "feel" drugs are ok. There are people who "feel" that stealing and murder and victimization are all ok. I don't really care about feelings. I care about people, our society, and the principles it was founded upon. If you really value the constitution, you would "understand" that the proper place to fight these laws is in the legislative, electoral, and judicial systems. Not on the corner where a cop is just trying to figure out if the guy he is going to let go is going to walk into a school and murder people.

Don't tell me, or any cop what we "need to understand", especially when you obviously have absolutely no understanding of what law enforcement deals with, the requirements and responsibilities of the job, or what we as individuals do.

The OP has made it perfectly clear he is pro-gun and uses his discretion as he feels best preserves rights while following the law to the best of his ability. He was accused of "going out of [his] way to enforce a 'ridiculous' law"... I see no indication he was "going out of his way", nor that he even liked the law. I would run serial numbers as well to make sure the firearms weren't stolen, and to get a better picture of the person I am dealing with, because I likely don't know them. If I, or he for that matter, discover incriminating information during that investigation, I'll have to address it from that point, but knowledge of the law should be the goal of every law enforcement officer.

If you think the law is unconstitutional fight it where it should be fought...with the courts and the people who elected the idiots who passed the laws. I sure didn't vote for them, but someone apparently did. Don't come into the LE forum, accuse a cop of going out of his way to be anti-gun when he is not. I ask you...since you don't like his question, would you rather cops be ignorant of the laws? Would you rather the question not be asked? All I see is he is trying to make sure he can determine what is legal as much as what is not. It's the hypocrisy of much of the cop bashing here. If cops know the law and enforce it properly they are bad. If cops don't know the law and enforce it improperly they are bad. So ultimately you would prefer we ignore the law completely because YOU feel it is wrong. What if someone feels another law is wrong? Where is the line? What do you really want?

There are evil people in this world who look just like you, me, and everyone else. It is our job to find those people and hopefully prevent them from hurting anyone or anyone else. if that hurts your feelings, I just don't care.

[trendar5]

I tried so hard to ignore this part of the post. Really? The sympathy card. Be happy you have a job. Myself and many others on this board have lost jobs in the past couple of years. I just got done with a 9 month stint unemployed. I'm back to work, but you know how you work at night. I'm gone for 6 weeks at a time, 4-5 days per week, home for 2 weekd and gone again for 6. Yeah! And let's not forget our troops who are gone for 6,8,10,12 months or more at a time.

Don't get me wrong, being an LEO is definitely hard on spouses and families and I'm willing to bet that balancing work and home is nearly impossible if not impossible.

Stand by sir. I guess you are in Boise, but are you aware that cops are getting laid off in CA? Further, I want you to know that he does not need probable cause to run serial numbers on guns. Lastly, this idea that cops are out there just laser-focused on taking guns from law-abiding citizens is pure black-helicopter B.S.

[sk1]

"You have to understand, most people on this site feel these laws are unconstitutional and just plain stupid."


I think this hits it on the head. I'm not a LEO so I can't comment on how to do their job but I can say that trying to call them out on here will do nothing for you.

[retired]

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[jhoveln]

I applaud those LEOs that are out there every day protecting us and our freedoms. They are doing their best to keep us safe. If they make contact with you and you have a weapon, how do they know you're not an escaped serial killer with a car full of stolen weapons. If you've got nothin to hide, cooperate and let the officer get on his way. You're attitude will determine how the encounter will go.

Don't get me wrong, I'm a lover of all things that go bang and would love to be able to own anything I want. I do however live in a state full of gun hating liberals. We have to abide by the laws even though we may hate them. It does give our LEOs a way to get the true criminals off the street. If you want to live where there are no laws, move to Antarctica. If you like it here enough to put up with being a little PC, shut up and try and try to change it by voting for people that will change it.

[BigDogatPlay]

fom my recollection im pretty sure the afs hit will advise if its regd as a pistol or long gun

It will, but you might have to ask dispatch for that specifically. I have not always heard it given automatically.

Any modern SBR that is not in the hands of a LEO, or a military member in course and scope of their duty, or a properly papered FFL/SOT, is going to be suspect for me. There is no path to private ownership of an SBR (or SBS) in California that I am aware of, other than maybe a C&R gun.

An AR pistol, that was DROSed as such, with an ACOG on it = charged for possession of an SBR? I'd be interested to read that case once it's adjudicated. I'd almost wonder if someone put a pistol upper on a lower DROSed as a rifle to complete that crime.

[CSACANNONEER]

I'd almost wonder if someone put a pistol upper on a lower DROSed as a rifle to complete that crime.

How is that a crime? There is no written text and no case law proving that DROS status has any legal standing. I know that a ATF field supervisor who ws working the SHOT show booth a couple years ago, told me that it had no relevance to Federal law. So, Federally, any (no matter how it is DROSed in CA) receiver which has never been a rifle or shotgun can be built into a handgun without it being a SBR or SBS. Again, AFAIK, this has yet to be decided as far as state law goes.

[ke6guj]

and I have an ATF letter that confirms that federally, a stripped receiver DROSed in CA as a long gun can be build up as a pistol without violating federal SBR/SBS laws. But that only applies per federal SBx laws, CA may feel differently as for state SBx law.

[Notorious]

How is that a crime? There is no written text and no case law proving that DROS status has any legal standing. I know that a ATF field supervisor who ws working the SHOT show booth a couple years ago, told me that it had no relevance to Federal law. So, Federally, any (no matter how it is DROSed in CA) receiver which has never been a rifle or shotgun can be built into a handgun without it being a SBR or SBS. Again, AFAIK, this has yet to be decided as far as state law goes.

Do you want to be the one it's decided on?

[CSACANNONEER]

Do you want to be the one it's decided on?

I have stated many times that it's not worth being a test case. But, since it is not a crime to possess an unregistered handgun in Ca and no serial number are currently included on long gun DROSes, there is no reason for anyone to be arrested for one in the first place.


BTW, I personally don't own an AR pistol and don't really care to own one.