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Posted: 11/12/2014 3:57:44 AM EDT
Ok guys i did some shameful things here and I need advice and truth...not people who are gonna call me stupid or shame me

I was caught hotboxing my car with weed then police saw me.

After refusing to search they impounded my car after I gave them my weed and are getting a search warrant..I told them about the weapons I have in my car that are cased (an AK, an AR, and my glock)
In my AK hardshell case I have a pistol upper for my AR that has NO BCG in it and is not in the AR case, I received it as a trade and am looking to sell it...
could I and will I probably be in trouble with the atf? again it was in a separate case and since it did not have a bcg in it could not be readily installed and fired.

please give me some answers idk what to do!
Link Posted: 11/12/2014 4:32:58 AM EDT
[#1]
You've made quite a few bad decisions...if you had a long barreled AR15 and you also had a short barreled upper near each other they can charge you with constructive intent.  Get a lawyer, get off the internet.
Link Posted: 11/12/2014 4:38:04 AM EDT
[#2]
All depends on just how zealous the prosecuting attorney is.  I seriously doubt the Feds are going to get involved unless there's a lot more to the story.  But you probably broke state law as well.  They've got a slam dunk case against you from what it sounds.  If they really want to, have fun never being able to legally shoot a gun ever again.

Your argument that the upper not having a BCG in it proves anything at all is flat out reaching.  It takes all of a second to swap the BCG from your full size upper to the short upper.  

My guess, you'll probably get a misdemeanor for the pot and nothing for the weapons.  If the prosecutor knows his stuff and really wants to hammer you, you're well and truly fucked.
Link Posted: 11/12/2014 4:39:31 AM EDT
[#3]
thanks guys, im in the state of montana if that helps, ima call to see if I can remove my impounded guns since they are not illegal to own.
Link Posted: 11/12/2014 4:45:16 AM EDT
[#4]
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Quoted:
thanks guys, im in the state of montana if that helps, ima call to see if I can remove my impounded guns since they are not illegal to own.
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They probably will be soon, at least for you.  I can't even begin to... Dude... you were stupid, epically, completely, and totally stupid.  I don't give a shit if you smoke weed, but you know it's illegal.  So why would you do it with weapons that you know could be illegal, felony level, ten years in pound me in the ass federal prison level, in your car at the time?  Save that shit for your house, or if you can't have at least that much self control, drop the guns off first.  Jesus!  Consider yourself lucky if you get out of this in one piece, but there's a real good chance you just ruined your life forever.
Link Posted: 11/12/2014 5:29:54 AM EDT
[#5]
Ik it was dumb my current living arrangement doesn't allow for my weapons to be in the house, think the police will allow me to remove my weapons under their supervision?
Link Posted: 11/12/2014 5:32:35 AM EDT
[#6]
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Quoted:
Ik it was dumb my current living arrangement doesn't allow for my weapons to be in the house, think the police will allow me to remove my weapons under their supervision?
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I doubt it.
Link Posted: 11/12/2014 6:01:11 AM EDT
[#7]
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Quoted:
Ik it was dumb my current living arrangement doesn't allow for my weapons to be in the house, think the police will allow me to remove my weapons under their supervision?
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Worry about not going to prison.  Forget about your property...focus on not being in jail.  

Link Posted: 11/12/2014 6:02:36 AM EDT
[#8]
holy fuck you are dumb. But I will give you the best advice I can.
DO NOT TALK TO THE COPS!
DO NOT TALK TO THE COPS!
DO NOT TALK TO THE COPS!

They will most likely call you and ask you to come in and give an interview.
They will try to get you to admit you put that pistol upper on the lower, if you do so you are more fucked.
They may offer to go ahead and forfeit the guns and they will forget the possible illegal SBR shit.
They will do their best to get you to admit you did something illegal.
learn from this and stop being a retard.
Link Posted: 11/12/2014 6:12:52 AM EDT
[#9]

Link Posted: 11/12/2014 7:54:19 AM EDT
[#10]
I had to look up "hotboxing."
Link Posted: 11/12/2014 8:19:01 AM EDT
[#11]
1) Do you have a stripped lower or any other lower assembly?

If you do, put a pistol buffer on it RIGHT NOW so that you can claim that is the lower that mates with the the upper.


I agree with the first post, if you have a rifle AR and a pistol upper you could be very, very fucked. BCG doesn't matter, they're not stupid.. Constructive intent means you can easily build it, if you have a full size AR (with BCG) then you could easily construct the SBR and thus you have constructive intent.


As I said, if you have another lower I would put a pistol buffer on it just in case so you can at least argue that is the lower that mates with it. But right now, I would get a lawyer and prepare for the butthurt.

Also call the impound and see if you can get your weapons out, tell them you're scared they will get stolen and can prove they are legally owned (bring receipts).
Link Posted: 11/12/2014 2:59:06 PM EDT
[#12]
If this isn't a troll, then: You are so dumb, you are really dumb, for real
Link Posted: 11/12/2014 3:29:38 PM EDT
[#13]
im not a troll, I might be able to retrieve the upper, the officer works the nightshift and I was intstructed to call him tonight and ask if he can authorize me removing items and a gun accessory from my car
Link Posted: 11/13/2014 3:42:39 PM EDT
[#14]
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Quoted:
Ik it was dumb my current living arrangement doesn't allow for my weapons to be in the house, think the police will allow me to remove my weapons under their supervision?
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Link Posted: 11/13/2014 6:16:11 PM EDT
[#15]
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Quoted:
im not a troll, I might be able to retrieve the upper, the officer works the nightshift and I was intstructed to call him tonight and ask if he can authorize me removing items and a gun accessory from my car
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Try that.

I haven't seen the feds ever take a constructive intent case, absent the person meeting the armed career criminal statute.
Link Posted: 11/14/2014 3:54:56 AM EDT
[#16]
got m ycar back, have to talk to the judge to get my firearms released back to me, I should get them in a week. ATF is not involved...cheers
Link Posted: 11/16/2014 12:56:31 AM EDT
[#17]
Correct me if I am wrong, but isn't admitting to weed use an insta-ban here on Afrcom?
Link Posted: 11/16/2014 1:21:19 AM EDT
[#18]
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Quoted:

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Quoted:
Ik it was dumb my current living arrangement doesn't allow for my weapons to be in the house, think the police will allow me to remove my weapons under their supervision?



So you store your guns in the car??? Where do you live, a dorm room? What if your car is broke into or stolen?

I hate to say this, but firearm ownership may be to much responsibility for you to bear.
Link Posted: 11/16/2014 2:26:23 AM EDT
[#19]
Sell your guns until you are out of college and done doing stupid shit, or take them to your parents house and store them. Also get rid of that upper cut it in half and melt it down if you have to. You should never be in possession of a NFA upper for any reason unless you have a legal  config for it meaning a stripped or pistol lower.
You shouldn't even be in possession of firearms if you are using/buying illegal drugs. Do you take your car to buy drugs, with those guns in the trunk? If you do you are stupid.
Link Posted: 11/16/2014 6:24:41 AM EDT
[#20]
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If you do you are stupid.
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That's already been pretty well established
Link Posted: 11/17/2014 10:52:22 PM EDT
[#21]
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Quoted:
Correct me if I am wrong, but isn't admitting to weed use an insta-ban here on Afrcom?
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you mean admitting illegal activities? yup..
Link Posted: 12/4/2014 8:32:39 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Try that.

I haven't seen the feds ever take a constructive intent case, absent the person meeting the armed career criminal statute.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
im not a troll, I might be able to retrieve the upper, the officer works the nightshift and I was intstructed to call him tonight and ask if he can authorize me removing items and a gun accessory from my car


Try that.

I haven't seen the feds ever take a constructive intent case, absent the person meeting the armed career criminal statute.



  I have. They tried to pull that on a buddy of mine about ten years ago. Two counts of CP and one count of possession of unregistered NFA weapon. They charged him and then did their dammedest to get him to plead guilty. Even to the point of offering no fine or jail time if he would plead guilty (and lose his gun rights). Clearly they were only interested in upping their conviction count. He refused to take a plea bargain and the case went to court and he won.  AFIK it was the first and probably the only CP case that's actually gone to trial and the feds lost it badly!  BUT it cost my buddy about $80,000 in legal fees and over two years of sweating it out and the very real possiblity of spending the next ten years in the pen.  And FWIW he had NO criminal record and was not a druggie.

 OP, Wow, you are an idiot!  I can't even count the number of places where you made some very bad decisions!   But that seems to be common with pot smokers. Posters here are right, don't worry about losing your guns, you're going to be lucky if you don't go to Club Fed. If out get out of this then 1: Get rid of that SBR upper and anything else that might be questionable. 2: Move some place where you can have and keep guns OR get rid of guns!  Keeping them in a car is just stupid! Too many ways that they can get you into trouble and too big a target for thieves!  3: STOP smoking pot and hope your brain cells grow back!
Link Posted: 12/4/2014 8:45:16 PM EDT
[#23]
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Quoted:


They probably will be soon, at least for you.  I can't even begin to... Dude... you were stupid, epically, completely, and totally stupid.  I don't give a shit if you smoke weed, but you know it's illegal.  So why would you do it with weapons that you know could be illegal, felony level, ten years in pound me in the ass federal prison level, in your car at the time?  Save that shit for your house, or if you can't have at least that much self control, drop the guns off first.  Jesus!  Consider yourself lucky if you get out of this in one piece, but there's a real good chance you just ruined your life forever.
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Quoted:
Quoted:
thanks guys, im in the state of montana if that helps, ima call to see if I can remove my impounded guns since they are not illegal to own.


They probably will be soon, at least for you.  I can't even begin to... Dude... you were stupid, epically, completely, and totally stupid.  I don't give a shit if you smoke weed, but you know it's illegal.  So why would you do it with weapons that you know could be illegal, felony level, ten years in pound me in the ass federal prison level, in your car at the time?  Save that shit for your house, or if you can't have at least that much self control, drop the guns off first.  Jesus!  Consider yourself lucky if you get out of this in one piece, but there's a real good chance you just ruined your life forever.



well put sir


good luck OP.  i used to smoke weed a lot but that was in college.  never got caught with anything luckily.  hope you get it straight.
Link Posted: 12/19/2014 9:35:52 AM EDT
[#24]
Your story doesn't make sense. If they smelled/saw weed then they have probable cause to search. There would be no reason to get a warrant or even ask for your consent.
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