More legal AR (OLL) seizures in California


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Creeping Incrementalism
October 17, 2006, 03:04 AM
This was reported at CalGuns.net: http://www.calguns.net/calgunforum/showthread.php?t=40675.

It appears that in two separate incidents, legal "off list" AR-15s have been seized, two from a Merced gunshop by the Cal DOJ, and another from a private citizen by the San Jose PD. In California, it is legal to own an AR-15, as long as the lower (receiver) is not on the Assault Weapon list; and the magazine is 10 rounds or less and fixed, or there is no pistol grip. However, police often aren't aware of this. The Merced gunshop was hit by the DOJ, though, and I think they should have known better. In the San Jose case, it seems as if the person was seen at a gunshop buying an off-list rifle, and then busted at home.

Furthermore, it seems that in order to make the rifle safe in the San Jose case, the SJPD removed the magazine, which means they would have comitted a felony because they manufactured an assault weapon (recall the mag must be fixed to avoid the AW classification).

The situation is a little confusing since when people at CalGuns get busted, they often post what happened asking for help, and then the post gets deleted to avoid saying anything incriminating.

The local NRA is informed about what has happened, as are Mike Haas and Bill Wiese. If anyone from CalGuns sees anything I missed, please post.

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crazed_ss
October 17, 2006, 04:00 AM
Well that sucks. This is one of the reason I havent bought into the OLL hype. IMO, it's living on the razor edge of the law. That fact that LEOs dont understand CA firearms laws makes it even more risky. When the CA DOJ says building OLLs can be legal, but that you should do so at "your own legal peril", it get a little wary.
http://www.calguns.net/calgunforum/showthread.php?t=39331&highlight=doj+letters
Legil peril sounds bad.

Hopefully this guy doesnt get raped in court. His defense is going to hinge on the jury believing that his "fixed" magazine met the requirements of the law.

I just broke down at paid for a M1A last week. Best option for a semi-auto battle rifle that isnt gimped by fixed magazines or any of that stuff. God it was expensive though :(

Autolycus
October 17, 2006, 09:01 AM
I know what it is like to live in a state that doesnt trust its citizens as well. It feels sad when you cant buy something because someone else doenst like the idea of you owning it. We have an AWB over here in Cook County, IL where I live. Thank god we have had no seizures but I believe it is only a matter of time for us.

I wish all of you good luck in your fight against your state dicatorship.

Creeping Incrementalism
October 17, 2006, 10:47 AM
I just broke down at paid for a M1A last week. Best option for a semi-auto battle rifle that isnt gimped by fixed magazines or any of that stuff. God it was expensive though

After my lower got seized from the Milpitas GB, I did the same thing--went out and bought a Socom II M1A. Expensive. But those rails are so much fun to accessorize. But it is not like even the M1As are any guarantee, as all a L.E.O. has to believe is that the muzzle brake is a flash hider to confiscate it.

What I found really sad about the San Jose incident is the person who got busted for his legal AR-15 said something like, "I was raised that green means go and red means stop and these sorts of things don't happen to law-abiding people".

crazed_ss
October 17, 2006, 11:10 AM
Yup.. sounds like just an average joe. I mean the law is clear.. it's a fixed mag if a tool is required for removal. Hopefully whatever DA gets this case understands the law and decides not to pursue it.

Also.. I'm suprised the antis havent "discovered" the M1A yet. That's one of the reasons I just had to get it. I remember back in 99 my buddy was like "You need to get an AR-15 now!!!" .. I was like "whatever man..."

One of my greatest regrets :(

Creeping Incrementalism
October 17, 2006, 03:36 PM
Also.. I'm suprised the antis havent "discovered" the M1A yet. That's one of the reasons I just had to get it. I remember back in 99 my buddy was like "You need to get an AR-15 now!!!" .. I was like "whatever man..."

One of my greatest regrets

The M1A was on the Roberti-Roos list, but all the match shooters managed to get it taken off. The mag-fed version of the Garand is listed, however.

Yeah, when it comes to guns, you snooze, you loose. :(

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