In case you have not seen this............I might have to send this guy a check for his defense fund!
Angels man stands his ground on guns
Published: September 10, 2003
By SCOTT PESZNECKER
An Angels Camp man charged with possessing several illegal firearms said he will prove that federal law gives him the right to have them.
What's more, said Richard Wilmshurst, he plans to sue California agents who searched his house. He claims they violated his civil rights and took some of his property, including a gold bar, during the search.
Wilmshurst, owner of 49er Subaru in Angels Camp, was arraigned, cited and released in June on three counts of possessing an assault weapon and eight counts of unlawful assault weapon activity.
His preliminary hearing in Calaveras County Superior Court was continued yesterday until 9:30 a.m. Thursday, Oct. 16. He and his Sonora attorney, Thomas Marovich, want more time to research state and federal gun laws.
"We would like to get this research done and address this in the earliest stage of the case as possible," Marovich said.
Wilmshurst, who graduated from law school in Stockton, is convinced he did no wrong and said he wants to take his case to the U.S. Supreme Court.
"We're going to go as far as we have to go with it," he said after his hearing was continued yesterday.
Wilmshurst is a firearms importer, and said his federal license allows him to own guns that might be illegal under state law.
The charges against him stem from a routine inspection in January by a federal Bureau of Alcohol, Tobacco and Firearms agent.
At his house in Angels Camp, Wilmshurst showed the inspector his cache of firearms, including a German machine gun and two high-power rifles.
Because all three guns are illegal in California, the ATF agent notified state officials of her findings.
The California Attorney General's Office filed its charges against Wilmshurst in Calaveras County Superior Court on May 29.
Yesterday, Deputy Attorney General Aaron Maguire said federal law does not shield Wilmshurst from state law.
Seriously, though, this brings up an interesting question. If he's an importer and was merely warehousing the "assault weapons" on the way to a retailer in another state, would he be breaking the law. Can cali-illegal guns be trucked through cali to free states? I think NFA weapons can be transported through states which prohibit their ownership, right?
Unlawful Assault Weapons Activity
1) Allowing them to rust
2) Failure to lubricate
3) firing single shot, without a mag.
I'm confused, it says he had a machince gun and 2 high powered rifles, and was arrested fro 3 counts of AW possesion.
Ok, perhaps the MG, possibly a true select fire weapon meets that criteria. But, 2 high powered rifles? Since AW's by definition are intermediate powered firearms, those 2 "high powered rifles" ain't AW's.
The weapons were for sale to law enforcement officials only, right?
Taking a Registered (or unregistered)Cali AW to a range that specifically forbids them, or to state owned range which has not authorized them, would be illegal AW activity.
No, Assault Rifles are intermediate powered weapons.
Assault Weapons are defined by BS federal and state laws, even though common sense says an assault weapon is any weopen used in an assualt.
The california law is one of those wonderful things that you have to scratch your head and say HUH!
I supposse it's ok for the merced police to have gotten some number of rifles at a very favorable price. But then they are cops and entrusted with filling out reports after something happens. Like 3 kids in Merced murdered by California law mandating safe storage.
I think it's time to get rid of some snakes.
Most likely the other two were Barretts with detachable mags. Hence the High powered and AW's...