San Fransisco police officer arrested on suspicion of making prohibited assault rifle

[Aim1]

I know a lot of police officers and they believe these guns so-called 'assault rifles' should be legal for everyone. They also say that if it ever comes to confiscation they won't do it for a few reasons. One, they believe they are legally allowed by the 2nd Amendment. Two, there are far too many to confiscate. Three, it would be far to dangerous to attempt to confiscate them. Just like the people in Maryland, I'm sure there are a lot of law abiding citizens, officers included, who have banned AR15s and 'high capacity' magazines in their possession wherever these things are banned. The only thing that makes them criminal is the unconstitutional gun laws banning them.



Could this be a good test case for SCOTUS? Because these guns are legal in the majority of US states.





http://www.sfgate.com/crime/article/SF-officer-suspected-of-making-prohibited-assault-8437119.php

SF officer suspected of making prohibited assault rifle

By Jenna Lyons Updated 11:18 am, Wednesday, July 27, 2016

A San Francisco police officer was arrested after an investigation revealed he manufactured and possessed a prohibited AR-15 style assault rifle, police said Tuesday. Thomas Abrahamsen, 50, of Berkeley was booked on suspicion of manufacturing an assault weapon and possessing an assault weapon, both felonies.

An investigation into Abrahamsen began in the summer of 2015 after other members of the department tipped off officials. The probe found the officer manufactured and owned a prohibited assault rifle along with AR-15 receive components, police said.

 

[Carl N. Brown]

What is the background of Thomas Abrahamsen? Is he as squeaky clean a test plaintiff as Heller or McDonald? Or is he potentially another Miller? We need to pick our test cases carefully.

 

[Spats McGee]

Hard to tell. Initial things that I dug up (Google) indicate he's an 18 year veteran on unpaid administrative leave. Reports also indicate that he was turned in by other officers.

ETA: And it was allegedly a .50 BMG AR, which may introduce further complications.

 

[jonnyc]

A. Is a .50 cal. AR actually an "assault weapon"???

2. Where did that "Concealed Carry" guy get the idea that the M16/AR15 was designed to only wound, not kill???

 

[dwjwin50]

The San Fransisco Police department is one of the least respected in the state, next to Oakland. The city is really "out-there", so little wonder his colleagues "turned him in" for his hobby, or that the city is prosecuting a LEO for activities that a perfectly legal in all other jurisdictions.

 

[alsaqr]

Could this be a good test case for SCOTUS?

No.

SCOTUS has let stand federal appeals court decisions that ruled "assault" weapons bans are Constitutional.

Spats is right. Looks like they charged the cop with making a rifle that fires the prohibited Cal. .50 BMG round.

Abrahamsen, 50, is accused of violating a state law against assembling an assault rifle or weapon capable of firing a large .50-caliber BMG bullet.

http://www.latimes.com/local/lanow/...rges-ar15-customized-20160727-snap-story.html

 

[old lady new shooter]

Meanwhile CA now requires engraving serial number on home-made firearms

Brown just signed this a few days ago, a person who makes his or her own gun is now required to engrave a serial number on it and report it to the state.

 

[Old Fuff]

I am probably the world's worst authorities on the subject of AR-15 rifles, although I had one of the first ones to test with a serial number in the 700 range.

That said, how to you get that little rifle to cycle, feed and eject .50 BMG rounds?

 

[danez71]

According to http://sfist.com/2016/07/27/longtime_sfpd_officer_busted_for_ma.php

He was charged with CA PC 30600(a) & PC 30605(a)

30600. (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 for four, six, or eight years.
(b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of imprisonment pursuant
to subdivision (h) of Section 1170 of one year.
(c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.



30605. (a) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.

 

[Jim Watson]

I am sure he is very indignant. After all, he is an authorized person and should not be subject to the limitations imposed on ordinary people.

 

[danez71]

Based on the Penal Codes I posted, its the 50 BMG factor and, most likely, he didn't have a bullet button.

Brown just signed this a few days ago, a person who makes his or her own gun is now required to engrave a serial number on it and report it to the state.

True. But it doesn't take effect yet. I think that's a Jan 1st 2017 start date.

 

[entropy]

According to http://sfist.com/2016/07/27/longtime_sfpd_officer_busted_for_ma.php

He was charged with CA PC 30600(a) & PC 30605(a)

30600. (a) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon or any .50 BMG rifle, except as
provided by this chapter, is guilty of a felony, and upon conviction
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 for four, six, or eight years.
(b) In addition and consecutive to the punishment imposed under
subdivision (a), any person who transfers, lends, sells, or gives any
assault weapon or any .50 BMG rifle to a minor in violation of
subdivision (a) shall receive an enhancement of imprisonment pursuant
to subdivision (h) of Section 1170 of one year.
(c) Except in the case of a first violation involving not more
than two firearms as provided in Sections 30605 and 30610, for
purposes of this article, if more than one assault weapon or .50 BMG
rifle is involved in any violation of this article, there shall be a
distinct and separate offense for each.



30605. (a) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, shall be punished by
imprisonment in a county jail for a period not exceeding one year, or
by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), a first violation of these
provisions is punishable by a fine not exceeding five hundred dollars
($500) if the person was found in possession of no more than two
firearms in compliance with Section 30945 and the person meets all of
the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of
this article.
(3) The person was found to be in possession of the assault weapon
within one year following the end of the one-year registration
period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100,
in which case the assault weapon shall be destroyed pursuant to
Sections 18000 and 18005.

So where are the exception provisions in the chapter cited? I wouldn't be surprised if there are several pertaining to LEO's 'in the course of duties' or such. If I were on his defense team, I'd be concentrating on those.

 

[danez71]

So where are the exception provisions in the chapter cited? I wouldn't be surprised if there are several pertaining to LEO's 'in the course of duties' or such. If I were on his defense team, I'd be concentrating on those.

Here they are (below) if you'd like to read them. The exemptions are generally in 30630 - 30675.


Boiling it down to just the generalized basics, to manufacture the 50BMG he needed to get a permit from the State AND permission from his Department leadership.


To possess an AW (meaning, no bullet button) he either had to already register it back years ago and to get another one he needed permission from his Department leadership before hand.


IOW, as I understand it, there isn't an automatic LEO exemption for those 2 PC's.

However there is automatic LEO exemption for other PC's such as standard cap mags and 'off roster' handguns. (ETA: the off roster hand guns my need dept preapproval too. I can't remember exactly)


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=30001-31000&file=30600-30675

 

[Acera]

If he had made a .510 DTC he would have been in the clear.



Not the first who thought the rules did not apply to him.




.

 

[Haxby]

I don't know if he disabled a bullet button, I don't know if he put together a 50 BMG on an AR frame, and I don't know exactly what's legal in California.
I read he's a cop, they investigated him for a year, and they busted him.
He's probably screwed.

 

[montanaoffroader]

Maybe my ignorance is showing, but I have to ask. Will a .50 BMG round actually fit into a standard AR-15 receiver? Seems to me it might be a tad long.

 

[Jim Watson]

I think they are talking about two different guns.
The .50 BMG uppers for AR lowers are single shot although I think there is one with a horizontal magazine.

 

[Spats McGee]

A word of caution: On facts currently available, Mr. Abrahamsen's sexual orientation (or anyone else's, for that matter) is irrelevant to a discussion of this matter.

 

[Tirod]

There have been .50BMG uppers available for the standard AR15 lower for a long time.
https://search.yahoo.com/yhs/search?p=.50+bmg+upper&ei=UTF-8&hspart=mozilla&hsimp=yhs-002

It's California, tho, and what laws are in place there are why people will get prosecuted. .50BMG is one of those rounds on the literal edge of being a destructive device so there's going to be added emphasis over it.

You have to ask why someone in a major metro PD in the leading anti gun state of the nation would construct one of these in the "open." If anything he's guilty of being naive. It doesn't help it was built on an AR lower and for the most part it wasn't necessary to the function of the rifle. It's just one of those because you can doesn't mean you should ideas - like dropping a 350 into a Miata.

There are lessons for CA residents to learn here for the most part it's a peek into the future that one political party would like to impose as soon as possible. The MA AG banned most semi autos unilaterally without legislative approval and that is the kind of politics we will face in the near future, ie after an inauguration.

Minor sideshow to the larger parade going on yet many don't even look out the window.

 

[Warp]

Edit: I finished reading the thread, I guess the previous post that isn't deleted is supposed to be ignored

 

[SSN Vet]

"If you build it, they will come"

Unfortunately, build the wrong "it" and the "they" that comes might not be what you were hoping for.

 

[barnbwt]

Perfect case; make 'em prove a bolt action is an assault weapon too dangerous from the public & distinct from the next less powerful legal cartridge, or a semi-auto 338 Lapua.

TCB

 

[danez71]

Perfect case; make 'em prove a bolt action is an assault weapon too dangerous from the public & distinct from the next less powerful legal cartridge, or a semi-auto 338 Lapua.

TCB

Probably not the perfect case in CA.

IIRC, they restricted the 50BMG because you can shoot down helicopters.

Comparing it to the next lower cartridge would likely get that one restricted too... and so on, and so on, until just the reduced power 22lr are left.

 

[Acera]

The more I think about this.

There is a chance he was building (or built) a .510 DTC. (at least I hope he was, as he will get off if so.) It will take some expert examination of the chamber to determine if this is the case.
Probably not that unusual to have incorrect markings on the barrel, especially if he converted a previously made upper.

The .510 DTC is almost indistinguishable from the illegal .50 BMG. That is how shooters in California get the exact same performance from their big guns as the shooters in the free states do.

If he can prove that his rifle is chambered in a legal round, he should be good to go.

This is not something unheard of in California, that round was developed for California shooters after the law changes and is popular there. Going through the process of building that rifle the LEO should have had plenty of chances to build it legally. He should have know this.

The .510 DTC is about 1/10th inch shorter than a .50 BMG, so a regular .50 BMG round will not chamber in those rifles. The rounds are made from using all the components of a .50 BMG by shorting the case and the shoulder is a little different. But you use the same bullet, same powder charge, etc. So the performance is almost identical.


Also California does not see the .50 BMG as scary or dangerous enough to prohibit others living outside California from bringing in their .50 BMG rifles to compete in rifle matches, thats legal.






.

 

[Sistema1927]

This "civilian" is just like the rest of us. What is good for the goose is good for the gander.

That said, how can anyone not see that California's silliness is not unlawful infringement?