Posted: 2/19/2007 6:37:47 PM EDT
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AB2728, as enacted, does allow for reduced penalties for simple unreg'd AW *possession* charges, 12280(b) PC. But AB2728 does NOT allow for prospective reduced penalties for 12280(a) AW violations - which includes things like transport, transfer and manufacture. If you're popped with 12280(a) it's gonna take some handwaving and lawyering to substitute a 12280(b) charge and then work it down. I know of one person fighting this battle at this very moment. He's already up to $10K in attorney fees Okay, so If a person has an unregistered AR that is on "the list" and that was lawfully purchased before the 2000 ban, AB2728 "helps" here because the felony charge is now reduced to a public nuisance charge, right? And, of course, this is as long as you weren't doing anything stupid, like committing a crime. 12280(a), from what I understand, basically speaks to anyone dumb enough to buy an OLL and NOT use an MM grip or a bullet button, right? Cuz, if someone puts togehter an OLL without an MM grip or BB, then this is considered MANUFACTURING an AW, rihgt? I'm trying to get squared away on all of this stuff, because I've been talking to a school based Sherriff Deputy at one of the school's that I'm assigned to and have been trying to educate him on the whole OLL deal. I've supplied him with the CalGuns site, but he asked if I can put something together for him in order to POSSIBLY present to his higher ups. Nor for sure though. Thanks. |
It helps because it *prospectively* allows it: it does NOT guarantee it. Also, 2728 *only* deals with unreg'd AW possession charge and not other related charges that are often thrown in - transportation (as well as possibility of acquisition, manufacture, etc.)
Possession & transport of an unreg'd AW *is* a crime in & of itself.
Yup. And if it moves from your house, a transport charge could follow. 2728 also lets a guy with an OLL in legal configuration not pay $5K+ to a lawyer and just give up the gun if the DA gets too ornery. Sounds bad, but some dudes can't swing that , and it's an 'easy out' option.
Cool. Look at the FAQ, etc on front page of Calguns. They're a bit dated but still conservatively accurate. Things have opened up a bit. I'll be updating my LEO memo there soon. Bill Wiese San Jose |