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Posted: 5/20/2016 11:53:20 AM EDT
http://www.arkansasmatters.com/news/local-news/benton-man-gets-30-months-for-unregistered-short-barreled-rifle



LITTLE ROCK, Ark. - A Benton man was sentenced to 30 months in prison on Thursday for having an unregistered short-barreled rifle, according to U.S. Attorney for the Eastern District of Arkansas Christopher R. Thyer.

Justin Stegall, 30, was found guilty on February 17.

The convict was arrested on September 10, 2013, after a caller reported him to authorities for flashing a gun during a road rage incident.

Police responded and found Stegall's vehicle in a shopping center. Inside, they found the loaded, unregistered rifle, Thyer said. Seven other guns were also found in Stegall's vehicle.

The court also found that Stegall threatened the driver he flashed a gun at.

Once Stegall completes his prison time, he'll also have three years of supervised release.
Link Posted: 5/20/2016 11:54:59 AM EDT
[#1]
Fucking bullshit.


Link Posted: 5/20/2016 11:55:11 AM EDT
[#2]
Imagine how many $200 tax stamps he could've paid for in 30 months at his job at AutoZone.
Link Posted: 5/20/2016 11:56:04 AM EDT
[#3]

The convict was arrested on September 10, 2013, after a caller reported him to authorities for flashing a gun during a road rage incident.
View Quote


Fail.

Posted Via AR15.Com Mobile
Link Posted: 5/20/2016 11:56:12 AM EDT
[#4]
I feel so much safer.
Link Posted: 5/20/2016 12:16:54 PM EDT
[#5]
Link Posted: 5/20/2016 12:18:02 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I feel so much safer.
View Quote



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.
Link Posted: 5/20/2016 12:19:06 PM EDT
[#7]
In before non-compliance types say 'good'. I'm fine with him being charged for threatening someone but the firearm charge is ghey.
Link Posted: 5/20/2016 12:28:31 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I feel so much safer.



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.
Link Posted: 5/20/2016 12:29:48 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I feel so much safer.



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.


OHHH he flashed a pistol. Well he sounds like a great guy then.

Also, he had an AR pistol with a regular receiver extension on it, as well as a stock laying next to it?

Great guy. Really good guy.
Link Posted: 5/20/2016 12:30:57 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I feel so much safer.
View Quote

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.
Link Posted: 5/20/2016 12:34:27 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I feel so much safer.

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.


Actually, the other thread is pretty explicit that this guy denies waiving a gun at all.  He said they were all in the back.  The complainant said it looked like a Glock but no Glock was found.  Also, IIRC the complainant's statement didn't say that the pistol was pointed at him or waved around.  Just that the guy grabbed one and tapped it against his chest.
Link Posted: 5/20/2016 12:34:38 PM EDT
[#12]
To bad the guy he pointed the gun at didn't shoot him in the face with his. [if he had one on him]

Got no use for gun tards, they ruin it for the rest of us.
Link Posted: 5/20/2016 12:34:55 PM EDT
[#13]
Quoted:
http://www.arkansasmatters.com/news/local-news/benton-man-gets-30-months-for-unregistered-short-barreled-rifle



LITTLE ROCK, Ark. - A Benton man was sentenced to 30 months in prison on Thursday for having an unregistered short-barreled rifle, according to U.S. Attorney for the Eastern District of Arkansas Christopher R. Thyer.

Justin Stegall, 30, was found guilty on February 17.

The convict was arrested on September 10, 2013, after a caller reported him to authorities for flashing a gun during a road rage incident.

Police responded and found Stegall's vehicle in a shopping center. Inside, they found the loaded, unregistered rifle, Thyer said. Seven other guns were also found in Stegall's vehicle.

The court also found that Stegall threatened the driver he flashed a gun at.

Once Stegall completes his prison time, he'll also have three years of supervised release.
View Quote




seems appropriate for the story.




Link Posted: 5/20/2016 12:34:56 PM EDT
[#14]
I was wondering from thread title if this was the guy who the police stopped, built an SBR and charged him with it....yeah it is.
Link Posted: 5/20/2016 12:35:25 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I feel so much safer.

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.


Surprised it's that short.
Link Posted: 5/20/2016 12:35:25 PM EDT
[#16]
Not that it really makes a difference, but was it the SBR that he pointed at someone or a pistol?
Link Posted: 5/20/2016 12:36:16 PM EDT
[#17]
Did flashing the pistol end the road rage incident? It isn't recommended, but it's a better outcome than having to shoot a raging idiot insistent on escalating until violence.  I'm merely assuming he wasn't the initiator/aggressor, and was trying to diffuse the situation without bloodshed.

If the attaching of the stock was done by someone other than him, that's a fucked up as hell conviction.
Link Posted: 5/20/2016 12:38:56 PM EDT
[#18]
Link Posted: 5/20/2016 12:40:30 PM EDT
[#19]
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.
Link Posted: 5/20/2016 12:40:34 PM EDT
[#20]
Whatever he flashed, pistol or SBR...Idiot move, and now a convicted felon.
Link Posted: 5/20/2016 12:43:27 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I feel so much safer.

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.



Why does the length of a piece of metal carry more serious legal consequences than assault
Link Posted: 5/20/2016 12:44:43 PM EDT
[#22]
 I would have nullified the sbr charge on principle.
Link Posted: 5/20/2016 12:49:19 PM EDT
[#23]
Way to keep it low key with the SBR,dumb either way
Link Posted: 5/20/2016 12:52:24 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Whatever he flashed, pistol or SBR...Idiot move, and now a convicted felon.
View Quote


This. Guy is an absolute retard and is now fucked for life. All over some petty road rage squabble. Carry a gun to defend yourself and others but don't go looking for trouble. Of trouble finds you, then walk away if you can. If this guy had kept his cool and kept subtle, then none of this would have happened.
Link Posted: 5/20/2016 12:54:33 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.
View Quote

Reporting party needs to be polygraphed I'd say.
For best results
A polygraph for both parties and if accused passes or inconclusive and the caller fails or is inconclusive the charges should have been dropped.



I do think a concerted effort should be made to get a pistol=less than 16 and rifle 16 and above law that gets rid of short barrel rifle and stocked pistol issues.
Think of how much time the BATF could then have for actual harra........errrr ugghhh law enforcement activity.
Link Posted: 5/20/2016 12:55:52 PM EDT
[#26]
You guys really need to read the linked thread.


Really.

Read It.




Read it, go on, read it.  


Stop typing your post count-upping tripe, and read the linked thread.
Link Posted: 5/20/2016 12:55:55 PM EDT
[#27]
Came to gripe about a BS Law



Leaving without a care
Road Rager gets no sympathy





 
Link Posted: 5/20/2016 12:56:09 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This. Guy is an absolute retard and is now fucked for life. All over some petty road rage squabble. Carry a gun to defend yourself and others but don't go looking for trouble. Of trouble finds you, then walk away if you can. If this guy had kept his cool and kept subtle, then none of this would have happened.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Whatever he flashed, pistol or SBR...Idiot move, and now a convicted felon.


This. Guy is an absolute retard and is now fucked for life. All over some petty road rage squabble. Carry a gun to defend yourself and others but don't go looking for trouble. Of trouble finds you, then walk away if you can. If this guy had kept his cool and kept subtle, then none of this would have happened.

Yep.
Link Posted: 5/20/2016 12:56:57 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Reporting party needs to be polygraphed I'd say.
For best results
A polygraph for both parties and if accused passes or inconclusive and the caller fails or is inconclusive the charges should have been dropped.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.

Reporting party needs to be polygraphed I'd say.
For best results
A polygraph for both parties and if accused passes or inconclusive and the caller fails or is inconclusive the charges should have been dropped.

Polygraphs are bullshit.

The search should have never been conducted.
Link Posted: 5/20/2016 1:00:02 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I feel so much safer.



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.


This is why we do things like milling off the boss across the entire bottom of the extension tube so that a carbine stock can no longer reasonably function on it as a defense against this kind of bullshit.  

"Your honor, the stock can be placed on the tube, but as you can see, it cannot be used to shoulder or aim the rifle since it just spins around on the extension, will not stay in any one place, and just falls off! (*clunk*)  My client took the time to do this, specifically to eliminate it's ability to use a stock so that there could be no accusations made about this pistol.  As you can clearly see, the stock just spins around on the extension and fell off when I held the pistol up....it's no longer useful to attach a stock at all"
Link Posted: 5/20/2016 1:00:28 PM EDT
[#31]
Quoted:
http://www.arkansasmatters.com/news/local-news/benton-man-gets-30-months-for-unregistered-short-barreled-rifle



LITTLE ROCK, Ark. - A Benton man was sentenced to 30 months in prison on Thursday for having an unregistered short-barreled rifle, according to U.S. Attorney for the Eastern District of Arkansas Christopher R. Thyer.

Justin Stegall, 30, was found guilty on February 17.

The convict was arrested on September 10, 2013, after a caller reported him to authorities for flashing a gun during a road rage incident.

Police responded and found Stegall's vehicle in a shopping center. Inside, they found the loaded, unregistered rifle, Thyer said. Seven other guns were also found in Stegall's vehicle.

The court also found that Stegall threatened the driver he flashed a gun at.

Once Stegall completes his prison time, he'll also have three years of supervised release.
View Quote



Was he a convict before this event?

Link Posted: 5/20/2016 1:01:07 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.
View Quote


The point is, he didn't just get pulled over at random and his trunk searched and an unregistered SBR and/or pistol found.

He did something first to initiate the incident.

Now if the cops actually did install the stock, that sucks but it still begs the question:  why did he have a pistol with a regular extension (nothing wrong with that in and of itself*) and a stock lying around?

Unless the cops took the stock off of one of his other ARs and put it on the pistol.  

* Perhaps not smart, though.  A pistol extension could have prevented all this.
Link Posted: 5/20/2016 1:02:07 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


OHHH he flashed a pistol. Well he sounds like a great guy then.

Also, he had an AR pistol with a regular receiver extension on it, as well as a stock laying next to it?

Great guy. Really good guy.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
I feel so much safer.



You would if someone waved a rifle at you during a simple road rage exchange.




I don't care for the idiot, he had it coming, he set himself up, he wanted to use a rifle to threaten someone else, well if you're going to do that, you should be ready for the consequences.


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.


OHHH he flashed a pistol. Well he sounds like a great guy then.

Also, he had an AR pistol with a regular receiver extension on it, as well as a stock laying next to it?

Great guy. Really good guy.




No shit huh?


Constructive possession or intent to build is real.   Having an AR upper assembly for an SBR or AR pistol but not having any AR pistols or a registered SBR/Machine gun can create a problem for you.

Driving down the road and brandishing a weapon only further complicates things.

If after an investigation the police decide to arrest you, they have a right to an inventory search of your vehicle.   Finding said SBR/pistol thing in such a manner is not likely to get suppressed.

The dude screwed himself and opened himself up to this.
Link Posted: 5/20/2016 1:05:12 PM EDT
[#34]
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Quoted:

Yep.
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Quoted:
Quoted:
Quoted:
Whatever he flashed, pistol or SBR...Idiot move, and now a convicted felon.


This. Guy is an absolute retard and is now fucked for life. All over some petty road rage squabble. Carry a gun to defend yourself and others but don't go looking for trouble. Of trouble finds you, then walk away if you can. If this guy had kept his cool and kept subtle, then none of this would have happened.

Yep.

except there is no evidence besides a single claim that he ever did this...

Imagine if you are at a gun store and leave the gun store a person doesn't like guns and they call the police on you and say you flashed a gun at them.

Now you do in fact have rifles in the car but no handguns (which is what they say you pointed at them) because you stopped at the gun store to get ammo for the range trip you were now heading to..

Are you the dumb ass or is the person that made the fake claim a dumb ass?
Link Posted: 5/20/2016 1:05:26 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
 I would have nullified the sbr charge on principle.
View Quote



You likely would not have been picked for the jury.

Most judges and or attorneys will conduct voirdire in a way where they identify those who are sympathetic to jury nullification.

If after being asked if you will follow the law as given to you, you say you will not follow a law you disagree with or find unconstitutional, you are gone.

Only way to get past that question is to lie under oath.   Only one or two states have jury instructions that recognize a jury's right to consider jury nullification.
Link Posted: 5/20/2016 1:06:02 PM EDT
[#36]
So doesn't this back up that this was a tack-on charge as everyone has been saying?
Link Posted: 5/20/2016 1:06:37 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Polygraphs are bullshit.

The search should have never been conducted.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.

Reporting party needs to be polygraphed I'd say.
For best results
A polygraph for both parties and if accused passes or inconclusive and the caller fails or is inconclusive the charges should have been dropped.

Polygraphs are bullshit.

The search should have never been conducted.



Of course it shouldn't have been conducted.
I mean the guy said he didn't do it didn't he?
How can anyone argue the obvious facts of the case?

As far as how BS polygraphs are it depends on the operator.
I knew a CID Warrant in the 90s that had a 85 percent confession rate.
That was BEFORE he hooked up the machine to the suspect.


Link Posted: 5/20/2016 1:06:39 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


The point is, he didn't just get pulled over at random and his trunk searched and an unregistered SBR and/or pistol found.

He did something first to initiate the incident.

Now if the cops actually did install the stock, that sucks but it still begs the question:  why did he have a pistol with a regular extension (nothing wrong with that in and of itself*) and a stock lying around?

Unless the cops took the stock off of one of his other ARs and put it on the pistol.  

* Perhaps not smart, though.  A pistol extension could have prevented all this.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.


The point is, he didn't just get pulled over at random and his trunk searched and an unregistered SBR and/or pistol found.

He did something first to initiate the incident.

Now if the cops actually did install the stock, that sucks but it still begs the question:  why did he have a pistol with a regular extension (nothing wrong with that in and of itself*) and a stock lying around?

Unless the cops took the stock off of one of his other ARs and put it on the pistol.  

* Perhaps not smart, though.  A pistol extension could have prevented all this.

A guy SAID he brandished a weapon. He only saw the accused from his mirrors as the accuser was busy driving like a fucking moron splitting two lanes of traffic to prevent the accused from getting by. Accuser didn't call 911, but rather called his FD buddies and word spread to LE. Accused was finally tracked down by LE while he was eating at a restaraunt. He told the LE that he did not consent to a search, and yet the LEO's searched anyway. Search warrant was signed HOURS after the search was conducted.

It was all bullshit.
Link Posted: 5/20/2016 1:06:58 PM EDT
[#40]
Says he was brandishing...

Play stupid games, win stupid prizes.
Link Posted: 5/20/2016 1:08:32 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Says he was brandishing...

Play stupid games, win stupid prizes.
View Quote

Go read the stuff that is available...there is nothing that show he was actually brandinshing..it was a he said she said pass on to the cops through FD cluster fuck...
Link Posted: 5/20/2016 1:08:45 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Says he was brandishing...

Play stupid games, win stupid prizes.
View Quote

You'll notice he wasn't charged or convicted of brandishing. I wonder why?
Link Posted: 5/20/2016 1:09:16 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:




No shit huh?


Constructive possession or intent to build is real.   Having an AR upper assembly for an SBR or AR pistol but not having any AR pistols or a registered SBR/Machine gun can create a problem for you.

Driving down the road and brandishing a weapon only further complicates things.

If after an investigation the police decide to arrest you, they have a right to an inventory search of your vehicle.   Finding said SBR/pistol thing in such a manner is not likely to get suppressed.

The dude screwed himself and opened himself up to this.
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Quoted:
Quoted:
Quoted:


Per the thread I linked, the story goes that SBR guy flashed a pistol, not a rifle. SBR guy asserted that he did not flash his pistol.

SBR guy further alleges that the SBR was in fact an AR pistol (with a normal carbine receiver extension and NOT a pistol tube). He said that the responding police officers attached a stock that was also in the trunk with the AR pistol to the gun and that they were the ones that illegally constructed an SBR.


OHHH he flashed a pistol. Well he sounds like a great guy then.

Also, he had an AR pistol with a regular receiver extension on it, as well as a stock laying next to it?

Great guy. Really good guy.




No shit huh?


Constructive possession or intent to build is real.   Having an AR upper assembly for an SBR or AR pistol but not having any AR pistols or a registered SBR/Machine gun can create a problem for you.

Driving down the road and brandishing a weapon only further complicates things.

If after an investigation the police decide to arrest you, they have a right to an inventory search of your vehicle.   Finding said SBR/pistol thing in such a manner is not likely to get suppressed.

The dude screwed himself and opened himself up to this.


Per the linked thread, a pistol tube was inside the backpack with the lower.  SBR guy had been testing an upper that was >= 16" and legally configured it as a rifle to test this. Supposedly, he removed the stock but left the carbine tube on.  Per the ATF's testimony in the case:

Quoted:
This is what his attorney posted after the Prosecution rested their case:



So this "Expert" from ATF, with 20 years experience gets up and testifies that she has been with the ATF for 20 years.

"So you worked there in 2004?" Answer: Yes

Do you know who Sterling Nixon is? Answer: Yes:

Who is he?: Answer: He was the Chief of the ATF, Firearms Technology Branch.

Your boss? Answer: Yes.

So you just testified as did 3 others that having an M4 buffer tube on an AR15 pistol, built from a stripped lower, is a rifle?

Answer: yes.

The ATF issues opinions as to such matters, don't they? Answer: Yes

And the official opinion of the ATF, is that an M4 tube does not make an AR15 pistol a rifle...isn't that true?

Looooooooooooooooooooooong pause.

Answer: yes.

So can you explain to the jury why you just testified to the contrary?

Answer: Uh....well.....you see.....uh......if you held it to your shoulder, that would be a rifle.

Wouldn't that be true of every single pistol AR15 ever sold?

Answer: well, uh...uhm....yes

So without a butt stock, an AR15 pistol, built from a stripped lower is completely legal?

Answer: yes

And has been, since 2004?

Answer: Yes

And ATF has never changed their opinion on the subject?

Answer: No

But you just told the jury the opposite?

Answer: yes

Is there somebody smarter than you they could send to answer questions?


i.e. a carbine tube is fine to have on a pistol.

And to clarify, I'm not saying I believe the guy.  I'm just presenting his side here as it's laid out in the other thread.
Link Posted: 5/20/2016 1:10:45 PM EDT
[#44]
Arkansas.....fair trail....due process from LE and judges.....





Link Posted: 5/20/2016 1:10:46 PM EDT
[#45]
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Actually, the other thread is pretty explicit that this guy denies waiving a gun at all.  He said they were all in the back.  The complainant said it looked like a Glock but no Glock was found.  Also, IIRC the complainant's statement didn't say that the pistol was pointed at him or waved around.  Just that the guy grabbed one and tapped it against his chest.
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I feel so much safer.

Guy waving guns around on the road?  Yeah, actually.

I realize that the guy has friends here (and I suspect he's a fellow arfcommer) but he fucked up hard.  Threatening people with deadly force is no fucking joke.

Did the locals and atf rail road the dude? Sure sounds like it from the accounts here.

Did the dude deserve to do some time? Yeah. Is 30 months a lot? MMmmm. Not really.


Actually, the other thread is pretty explicit that this guy denies waiving a gun at all.  He said they were all in the back.  The complainant said it looked like a Glock but no Glock was found.  Also, IIRC the complainant's statement didn't say that the pistol was pointed at him or waved around.  Just that the guy grabbed one and tapped it against his chest.


While I think it's a case where only the people on site during the incident now exactly what happened, it's an awfully convenient coincidence that somebody called in him waving a gun and he had a bunch of guns.

It appears the court was convinced.
Link Posted: 5/20/2016 1:10:52 PM EDT
[#46]
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So, wait a minute, this was something built on a stripped lower, that didn't have a buttstock at the time of the search?  A stripped lower that went through the FFL process literally as "other"?

ETA:
Just read further.  He's saying the cops put the buttstock on there during the search, or something to that effect.
Link Posted: 5/20/2016 1:12:24 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
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So, wait a minute, this was something built on a stripped lower, that didn't have a buttstock at the time of the search?  A stripped lower that went through the FFL process literally as "other"?
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So, wait a minute, this was something built on a stripped lower, that didn't have a buttstock at the time of the search?  A stripped lower that went through the FFL process literally as "other"?


SBR guy alleges there was no stock on the lower at the time of the police interaction.
Link Posted: 5/20/2016 1:12:24 PM EDT
[#48]
Always hilarious listening to state/local justice system employees telling a mark civilian they play no role in the enforcement of federal laws. LOL
Link Posted: 5/20/2016 1:14:57 PM EDT
[#49]
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The point is, he didn't just get pulled over at random and his trunk searched and an unregistered SBR and/or pistol found.

He did something first to initiate the incident.

Now if the cops actually did install the stock, that sucks but it still begs the question:  why did he have a pistol with a regular extension (nothing wrong with that in and of itself*) and a stock lying around?

Unless the cops took the stock off of one of his other ARs and put it on the pistol.  

* Perhaps not smart, though.  A pistol extension could have prevented all this.
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Lot of folks running their cockholsters in here without bothering themselves to find out the facts of this situation.  

Hope you folks never find yourself in a situation like the guy that was found guilty.


The point is, he didn't just get pulled over at random and his trunk searched and an unregistered SBR and/or pistol found.

He did something first to initiate the incident.

Now if the cops actually did install the stock, that sucks but it still begs the question:  why did he have a pistol with a regular extension (nothing wrong with that in and of itself*) and a stock lying around?

Unless the cops took the stock off of one of his other ARs and put it on the pistol.  

* Perhaps not smart, though.  A pistol extension could have prevented all this.


Perhaps he had a full length upper and shot it as a rifle at the range last.  Until suspect put on the upper "with" the stock already attached the short barrel he was fine.
It  matters not how many rifle lowers were present as long as one pistol lower was present with the short barrels.
The blade tube and blade would have been a better option.  
I really couldn't come down on either side without access to the prior court materials investigative materials and lawyer conflabs with the Judges.
I really don't trust journalists to be either complete or competent.
Link Posted: 5/20/2016 1:16:35 PM EDT
[#50]
If this had been any other criminal offense the guy would have been called a suspect or perp in the article.  But since this is a gun violation he is referred to as a straight up convict.

Anyone else catch that?
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