California Gun Violation - Section 12280 - Seeking Advice

[pennysaver]

Folks - I will try to keep this brief: I'm in a bit of a quandary and I hope that you may be able to help. I legally own(ed) several "Assault Weapons" purchased from 1992-1995, which have now been classified as "Illegal" in California. The Riverside County DA has filed Misdemeanor charges against me for possession of those weapons, even though I purchased them legally, because I failed to re-register them pursuant to legislative changes in 2001. (Changes that the state did not feel obliged to inform such gun owners about). My attorney feels that due to the Constitutional nature of this case, it warrants going to trial.

I was hoping that you could point me in the right direction with regards to finding successful challenges to this law, opponents to this law who might be willing to speak on my behalf, or even sources of information that could aid in my case. Specifically how this legislation contravenes Federal law.

One of the main sticking points is that my wife and I lost the original paper work for the guns during a move several years ago. Second, one gun was purchased from a gun store which is now out of business, and the other gun was purchased from a gun store that has a contract with the ATF to store their records. Recent changes in the Appropriations Act with regards to the Homeland Security Act prevent the ATF from releasing weapons information to private citizens, so the only Agency that can prove that I am the legal owner of the guns can only give the information to the DA who is charging me and that's if he asks. (Is Joseph Heller still alive? He'd love this Catch-22).

At the very worst I am looking at going to jail, as well as not having my guns returned to me - guns that I bought legally, and guns that were never used in the commission of a crime.

This can't be America!

Any help that you can provide, or put me in contact with someone who can, would be greatly appreciated.

Please note that I started target shooting with my Dad and Lowell Thomas when I was 5 years old; I shot Distinguished Expert & Army Expert when I was 10; I shot in the New York National Guard Armory Youth Shooting Program, shooting M-16 .22 conversions; I was on my High School Skeet/Trap & Rifle team, as well as my College Rifle/Pistol Team. I am not a villian, ruffian or in any other way a vile member of society.

I have held my job with a well respected publishing company for over 10 years, and am expecting my first child in July (the 4th!)

Thanks for any answers and help!

Chris "Smitty" Smith

[agitator]

your tax dollars at work

[lelio]

Recent changes in the Appropriations Act with regards to the Homeland Security Act prevent the ATF from releasing weapons information to private citizens

Well you are in a pickle. Could you ask the DA to whom the guns were last registered to? Maybe through in a "and don't lie about it."

[e_castillo]

Try contacting the NRA. Doesn't sound like much but I will se what I can find. Your Lawyer may have a point but watch out whos wallet he gets into.

[diotima]

Ping!

[kellynla]

Get a lawyer

[SWO]

Let's see if the Bang list turns up an answer for you.
Left CA for the last time in 2001, don't miss the anti-gun attitude a bit. Miss the South Bay Rod and Gun Club out Dulzurra way though, and the desert.

[Sender]

Wow, you are in a quandary. There are quite a few lawyers and second amendment experts on FR that may be able to help.

Offhand I'd say that you won't be going to jail, that's the good news. But getting your legally-purchased rifles back from the Republic of California may prove a losing battle. 'Tis a sad day in America.

[SunStar]

The Riverside County DA has filed Misdemeanor charges against me for possession of those weapons, even though I purchased them legally, because I failed to re-register them pursuant to legislative changes in 2001.

Move them to storage and then claim that you do not possess them. They were sold or stolen.

[Luke Skyfreeper]

Yeah, America is turning more and more into a police state that makes life difficult for ordinary, law-respecting, law-abiding citizens, I'm sorry to say.

[Deguello]

Bump for later.

[Mark]

Welcome to FR.

This is probably worth going to trial over-- 12 people will look at the stupidity of the DA. Besides they probably don't want to go through the expense of a trial unless they want to make an example of you. Once you DEMAND a trial, then they usually want to make a deal. Follow the advice of your attorney.

[Luke Skyfreeper]

What the hell kind of lame-brained advice are you trying to give this guy??!!! He is a law-abiding citizen, and you are advising him to take what is probably a criminal action???!!!

I don't know what to tell him to do, but at least I know better than to give him dangerous, crap advice like that.

[tet68]

This can't be America!

Well, you got that part right.
How were they able to take possession of YOUR firearms, anyway?

Assault rifles? What stinking assault rifles?

We know nozzing!

Sold, destroyed, given out of state, my dog ate them.

[wadeintothem]

I'm sure you probably thought of this... but try the CA Rifle and Pistol Assoc. The goal would be to have them point you towards specific case law etc.

I feel for you.. and as a CA Resident.. I feel for me. Bill Lockyer does NOT believe you have the right to have those unless they were properly reg and grandfathered.. You can check his website for info on his position.

CRPA: www.crpa.org


Good Luck and If you remember.. ping me when you get any info.. I am very interested in your case.

Gun laws in CA are absolutely Tyrannus... those not in CA or not up to date on our laws.. would be shocked.

If you can get some support... maybe you can take this very high up.

Also you might look into joining the CA State Military Reserve... that way you are a member of the standing official CA Military Dept. State Militia and fall under 2nd amend protections under even the most strict interpretation of the 2nd amend.

Good luck!

[Luke Skyfreeper]

Yeah, I'd say their case is not a strong one.

Very often in cases like this, it's enough to stand up for yourself and demand the trial. The legal types, generally speaking, far prefer to cut a 5-minute deal, take the money and run.

It's far more profitable and less hassle that way.

[Mark]

#5- NRA-- good idea.

[Mark]

So true. I was also trying to think of a way to connect it to a scheme like Frisco issuing marrige licenses illegally and not being punished.

[.38sw]

How did the DA find out you had them? Is he using you for some kind of example? Sounds like you got caught by Roberti-Roos (spelling, I'm not sure). Even though they were legally purchased the Cal legislature passed a law that you must register them if they fit the twisted definition of "assault weapon". Certainly you won't get any help from the 9th circuit court of appeals. You might try posting this over at Calguns.net or The High Road.