Recent content by RickD427

No need for a separate thread. All of the issues here on on the table. As you can tell, I took issue with your postings, but the main value of this forum is to inform the folks that read it. The Duncan v Bonta case is one that is worth following. It has taken enough "twists and turns" to...

You have correctly pointed out that Judge Benitez's Preliminary Injunction only covers subparagraphs (c) and (d) of California Penal Code section 32310, and does not cover subparagraphs (a) and (b) WHOA - You really went off the rails here. As to this posting, you're pretty much on point. It...

I think that you may be confused as to the current state of the enforcement ban. Judge Benitez did find that California's Large-Capacity Magazine statute was unconstitutional. That ruling has been stayed, and the case is now before the Ninth Circuit Court of Appeals. Judge Benitez also issued...

California did not stop enforcing the "Large-Capacity" magazine statute for the reasons that you stated. California stopped enforcing the statute because the federal District Court ordered it to do so.

And that is good advice. When serving warrants, I would often be requested by persons at the location to be allowed to telephone their attorneys. The law provided no right to such a consultation, so long as those persons were not interrogated at the scene, but I would normally permit such...

Please be careful with your analysis here. In a civil lawsuit, making a well-reasoned argument that the nice LEOs should have pursued a different course of action, and one that you believe would have led to a different outcome, doesn't really win you any points, and it doesn't lead to a...

^^^THIS^^^ This was the same thought I shared in our other thread on this subject. There are some cases where it is advantageous to serve a search warrant while the subject of the investigation is present, but this doesn't appear to be one of them. The objects likely listed in the search...

Pretty much "NO". What crime do you think may have been committed by covering up the doorbell? On civil side, I doubt that there would be basis for a lawsuit resulting from the covering of the doorbell camera. The nice agents could eaily argue a rational basis for doing so, as it would help...

^^^THIS^^^ A Search Warrant and an Arrest Warrant are two very different things (although they can be combined as in a Steagald Warrant). Most criminal investigations proceed along a timeline where the the Search Warrant precedes the Arrest Warrant, specifically that the evidence obtained from...

You have a good citation to 18USC992, and to your point that "Possession" can also include "Constructive Possession", But "Constructive Possession" cannot be established simply by being in a place where a firearm could be acquired. It is still necessary for the prosecution to show that...

Two quick diagnostic questions: 1) For those that have responded "NO", can anyone cite what statute would be violated by the felon visiting a range, and without handling a firearm? 2) For those that have responded with some version of "Consult the Parole Officer", given that the federal parole...

Captain, Not to dwell on the point, but the Forum Rule does not limit quotation of the law "as written." The forum rule (quoted in exact language) is: "Note: The Legal Forum is for the discussion of the law as it is and how the law actually applies in RKBA matters" The law "as is"...

Captain, Please be careful not to place too much trust in the FOPA. Due to some case law, the FOPA is really nothing more than a "Paper Tiger." Please refer to the consolidated cases of Torraco, Winstanley, and Weasner that were heard by the Second Circuit. Mr. Torraco and Mr. Weasner were...

Jim, What you wrote is not completely true. Please see 18 USC 922(b)(3) which is the federal law governing such sales. A person can lawfully purchase a Shotgun or Rifle from an FFL in any state PROVIDED that the sale complies with the laws of both the purchaser's state and the sellers state...

They could. If the value of the stolen ammunition was $950 or less, they could be charged with the misdemeanor of Petty Theft under California Penal Code section 488. That carries a max penalty of 6 months in jail and a $1000 fine. But you should be aware that California tends to treat petty...