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On confiscating AR-15 in blue states....

Discussion in 'General Gun Discussions' started by rdhood, Apr 24, 2013.

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  1. rdhood

    rdhood Member

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    When LE comes to confiscate a gun in CA/NY/IL/etc, do they merely take the lower? What if the owner of said gun separate upper and lower receivers before LE gets there... do they just confiscate the lower receiver?
     
  2. highorder

    highorder Member

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    What confiscation are you speaking of?
     
  3. MErl

    MErl Member

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    there have been a few in CA where they combed the registry and compared it agasint prohibited lists. then in NY the highly publicized registry vs mental health lists (which may or may not be completely factual)

    It does bring up a point though. The lower is the gun, the upper could be owned legally by a prohibited person.

    I'm 99.999999% sure that the warrant would name anything even remotely linked to guns. I'd expect that every gun, gun part, magazine, cartridge, reloading component, etc would be seized.
     
  4. bigdaa

    bigdaa member

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    My bet is that the whole gun will disappear, PERIOD. And so will the owner for a while.

    Why do I think that? That is the way LEO operates.
     
  5. Vector

    Vector Member

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    Having nothing to do with AR15's, there was a report I posted a few weeks ago about how a special unit in CA (supposedly unique in the country) went to homes based on the gun registry CA already had, to confiscate weapons. These were people that are now considered no longer legal to possess firearms, even those just accused but not convicted.
    It can also include those who have had a restraining order issued against them, without any charges whatsoever. In some cases it could be people only convicted of a misdemeanor as well.
    Needless to say, when they come, if you have any weapon, they don't just confiscate the weapon, they confiscate you as well for possession.
     
  6. Mobuck

    Mobuck member

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    My original comment went away and I was chastized.
    You can be assured they will take all your firearms, ammo, and anything remotely related to same. Whether you get them back will be determined but very doubtful. This is just my opinion, but those places where specific firearms were made illegal don't really care what kind/type of gun it is as long as it's out of the public's hands.
     
  7. bigdaa

    bigdaa member

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    Well, I live here in California and I can without a shadow of a doubt tell you that enforcement will be rabid and without due process.

    Remember: "As California goes, so goes the Nation" was a significant line issued by one of our ruling political figures whose name has been lost to me. But the saying continues and it comes from arrogance that this Liberal bastion somehow has the conscience of a nation in it's hip pocket. The liberal establishment in Claifornia has a vested interest in spreading the ideology it ascribes to.


    My first family member came here in 1690. I suppose when my Mom passes, and my Mother in law, too.....my wife and I will move on and out.

    The atmosphere here is feeling cramped and dirty and I have all the right in the world to say that with conviction.

    I witness much ado about "caches of weapons and ammo" being found at the "scene" in our local Newspaper (three rifles and 500 rounds of ammo as an example)

    An AR15 in the hands of a LEO: High powered rifle
    An AR15 in my hands: An Assault Weapon (I wrote a a response in the editorial page about this questioning this practice and it was published and brushed off)


    You are right on, Mobuck. What you say is true and I live here!
     
  8. JFtheGR8

    JFtheGR8 Member

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    It isn't illegal to own an AR 15 style rifle in Illinois so not sure why anyone would be coming to confiscate one. Don't have to register them either. It may be so in C(r)ook county, I don't know their municipal laws, but including all of us down state isn't an accurate statement.


    Posted from Thehighroad.org App for Android
     
  9. CoRoMo

    CoRoMo Member

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    What happens when a FOID cardholder ends up prohibited from possessing firearms? Does your state follow up on those with both FOID records and prohibitively criminal records?
     
  10. JFtheGR8

    JFtheGR8 Member

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    I am not aware of any confiscations in my particular neck of the woods. Having a FOID card doesn't necessarily mean one owns a firearm. Both my wife and daughter have FOID cards but don't own guns. A FOID card is not a registration of an individual's firearms. I suppose they would revoke your FOID if you became a prohibited person. How they would go about getting it from you is not something I'm familiar with.




    Posted from Thehighroad.org App for Android
     
  11. Sam1911

    Sam1911 Moderator Emeritus

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    I've not heard of a situation of confiscation of contraband wherein possession of that contraband was not also a crime in itself, and thus the bigger issue would be that YOU are going along for the ride as well.

    And usually, when something is confiscated, all items incidental to the crime/unlawful possession get taken along as evidence as well.
     
  12. Midwest

    Midwest Member

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    Here is something at went on in Illinois not too long ago but involving "revoked FOID's". I think this is similar to what California is doing.


    (From a government website, should be no copyright issues)

    Press Release Date: December 7, 2011

    http://www.isp.state.il.us/media/pressdetails.cfm?ID=608


    Multi-Agency Collaboration Effort Credited

    Rockford, Ill. -- The Illinois State Police, Rockford Police Department, Winnebago County Sheriff’s Office, Loves Park Police Department and the Bureau of Alcohol, Tobacco, and Firearms (ATF) conducted a revoked Firearms Owner Identification (FOID) card operation this morning as part of the continuing “Operation Clean Sweep.”

    The operation started early Wednesday morning with approximately 25-30 officers from Illinois State Police, Rockford Police, Winnebago County Sheriff’s, Loves Police and the ATF. Approximately 25 residences were targeted as part of the operation. The purpose of the operation was to ensure individuals with revoked FOID privileges were not illegally possessing or transferring firearms.

    The results of Operation Clean Sweep include:

    11 FOID cards seized
    4 firearms recovered
    67 cannabis plants seized from an in-door grow operation
    400 grams of processed cannabis seized
    2 arrests for outstanding warrants
    1 arrest for failure to keep firearm transfer records
    1 arrest for possession of cannabis with intent to deliver and manufacture of cannabis sativa plants
     
  13. Ryanxia

    Ryanxia Member

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    I believe in NY (still to be verified) when they yanked pistol permits they also confiscated the magazines as well saying if you don't own the gun you don't need the mags. I don't believe the point that they are worth money was recognized.
     
  14. hnk45acp

    hnk45acp Member

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    IN NYC if they yank your permit you can't have anything (mags, bullets, uppers, etc.) so everything gets taken
     
  15. JFtheGR8

    JFtheGR8 Member

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    Operation clean sweep was a drug sting with warrants for such. It was not primarily a firearms seizure.


    Posted from Thehighroad.org App for Android
     
  16. 12many

    12many Member

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    Midwest, that is funny, in a wastefull sort of way. I wonder how many 100's of thousands or millions of $ were spent to get 4 guns a a little bit of weed.
     
  17. 316SS

    316SS Member

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    If you lived in a state that was likely to ban the AR-15, and you were into the whole "non-compliance" thing ;), it might be advisable to strip your lowers and sell them out of state. Then you could buy some 80% lowers and a drill press. Obviously you would be "out of compliance" with a ban on possession if one were to go into effect, but you wouldn't be on any government list. Better than a boating accident.

    All of this is hypothetically speaking, of course; I would never advise anyone break the law ;);)
     
  18. Zoogster

    Zoogster Member

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    I would venture that they would take the entire firearm, plus lots of other things.

    If they arrest the individual it is likely they will take tons of things in the residence, including many things completely unrelated.
    Paperwork, electronics, etc etc Cell phones, computers, etc
    It would include firearm accessories, bb guns, and plenty of legal items too that were in any way related.
    If they arrest the primary resident of the home, then they also have nobody to question what they do and they will have a field day in the home rummaging around and siezing random stuff that the resident won't even know is taken as they will be in jail.

    When taking items from within a residence they generally take tons of stuff. Getting those items back is also generally quite a chore.

    They also often don't follow the law themselves. For example getting a receipt for all property taken seems pretty rare, though they might give one for some items. People with bags of things taken have had like 5 things that would have fit in just one of the bags listed on a receipt.


    Items then either get disposed of (under CA law this can include going to the police) or auctioned off if not reclaimed in time. They intentionally make it unlikely someone will reclaim it.
    What they even admit to having taken or properly logged into evidence may be held for many months or if actually part of a case at least until it is over and appeals are exhausted (years), and then when it is no longer or determined not to be evidence or needed like a 90 day countdown starts before they own it. They won't inform the person that countdown has started.

    I don't know if that kind of thing is typical elsewhere, but in CA that is pretty common.
     
    Last edited: Apr 24, 2013
  19. splithoof

    splithoof Member

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    As a Californian, what Zoogster said is right on the money. Often times, law enforcement agencies drag their feet in returning property, and require paperwork from DOJ before it may be returned, but they typically won't help out a citizen by telling them that; they simply advise that you seek the services of a lawyer. Many times the intention is to get the citizen to give up on getting something back; creating enough of a expensive hassle will easily do this. As far as separating something into parts, forget it. They take it all, including ammo, accessories, scopes, etc. Given enough time (they also love overtime), a truck can be fetched to empty out your shed/garage of all loading supplies, loading tools, etc. Prohibited persons can not have ammunition, nor any components or means to make it. Something to consider when making storage decisions.
     
  20. InkEd

    InkEd Member

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    Operation Clean Sweep sounds like a overwhelming waste of tax money. You had 5 agencies spending a lot of man hours and resources just to bust some small time drug dealers with a couple pistols. Sounds like something local PD could have easily handled by themselves.
     
  21. JFtheGR8

    JFtheGR8 Member

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    Our tax dollars at work. That's how big government works these days. More of a photo op than anything.


    Posted from Thehighroad.org App for Android
     
  22. Al Thompson

    Al Thompson Moderator Emeritus

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    Looks asked and answered to me.
     
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