Odd local story...just occurred

[Donny]

I gotta go with the question Long Path asked. Where is the felony?
Is stupidity a felony? If so, then WDC just closed shop, and a big fence just went up to keep them in, or keep us out.



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The most foolish mistake we could make would be to allow the subjected people to carry arms; history shows that all conquerers who have allowed their subjected people to carry arms have prepared their own fall.
Adolf Hitler

 

[Don Gwinn]

Guys, he armed himself and resisted arrest for more than two hours according to DC. Isn't that a felony? Did he have to point a gun at a cop to do this?

The freaky thing to me is that these people are so scared of him WITH a gun but now that the guns are gone, they like him and will welcome him back. HUH? If he did anything wrong, it was HIM doing it all along--the guns are pretty irrelevant.

 

[DC]

Gwinny...
They weren't afraid of him. They called the cops cuz shooting was occurring and a round went through their house....that doesn't imply fear, panic or anything other than they wanted it stopped. They like the guy, said he is a friend and a good neighbor.

Granted he likely made it worse by holing up for 2 hrs when the deputies showed up.
But none of this answers my question....why is BATF involved? Is it because 100+ guns invokes some Fed switch? Or does BATF get involved due to the fact he has an FFL?

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"Quis custodiet ipsos custodes" RKBA!

 

[DC]

I should have just called the Sheriff...so I just did.
BATF got involved because he has an FFL...a federal license invokes Fed participation

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"Quis custodiet ipsos custodes" RKBA!

 

[SKN]

Discharging a firearm into an occupied dwelling, the home of his neighbors, is a felony under CA statutes. I believe that 'barricading' oneself in a location and refusing to submit to lawful authority to surrender is also felony though may be a 'wobbler', prosecution may be either a felony or misdemeanor, but booking is as a felony. Bail amounts are set by the county's judiciary but the amount reported would seem high so there are undoubtedly other charges which have been lodged against him.

IIRC CA statutes do provide for the confiscation of dangerous weapons in specified circumstances in addition to for evidentiary purposes.

4V50Gary: what are the PC sections involved here?

[This message has been edited by SKN (edited April 05, 2000).]

 

[CassidyGT]

Call me crazy but check out this thread from AR15. I am from that area and the circumstances are very stinky there as well. Could the JBT's be going after even the little people now?

http://forums.ar15.com/Forum3/HTML/010759.html

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Thane (NRA GOA JPFO SAF CAN)
MD C.A.N.OP
tbellomo@home.com
http://homes.acmecity.com/thematrix/digital/237/cansite/can.html
www.members.home.net/tbellomo/tbellomo/index.htm
"As nightfall does not come at once, neither does oppression.
In both instances there is a twilight when everything remains
seemingly unchanged. And it is in such twilight that we all
must be most aware of change in the air - however slight -
lest we become unwitting victims of the darkness."
--Supreme Court Justice William O. Douglas

[This message has been edited by CassidyGT (edited April 05, 2000).]

 

[Don Gwinn]

There's a thread about the same thing here. The thing that really creeped me out was the guy on AR15.com who said he lives in the area of the Maryland area and the scuttlebutt there is that the suspect was NOT involved in drugs to anyone's knowledge but is VERY active politically--local shooters apparently think it's a setup with the drugs only planted to increase his sentence under Fed law.

 

[weiser09]

These are two (2) of the Penal Codes that I can think of that would apply:

246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.
As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.

246.3. Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in the county jail not
exceeding one year, or by imprisonment in the state prison.



[This message has been edited by weiser09 (edited April 06, 2000).]

 

[Long Path]

But the level of intent for him to get the felony would have to be "maliciously or willfully." This doesn't sound like that, at all. The second one sounds likely.

Don-- Where did you get that he "armed himself?" I mean, not that that's really a big deal-- he was in his home, and being armed there is a man's right. (Nearly his duty, truth be told...) But it sounds to me like that was probably the way the cops, et al took it:
Shot fired.
Cops called.
Cops wanna talk to gun guy.
Gun guy sez he's not coming out.
Cops call BATmen.
Guy, with guns, not coming out, = "Armed man holed up against cops!"

Do you see the distinction I'm (lamely, I see) trying to make?

Laters,
LP

 

[Herodotus]

I find it difficult to believe that a man would "wilfully" discharge a "big bore" rifle in his own home. I still do not believe we have the whole story in this case and will reserve judgement until more facts are known.

[This message has been edited by Herodotus (edited April 05, 2000).]

 

[DC]

Update..
He is now charged with (State/local) reckless discharge and discharge into an occupied building.

Also trying to determine if they can charge him with the Federal gun charge of "firing too close to a school".

Sounds like they want to fry this small fish.


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"Quis custodiet ipsos custodes" RKBA!