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« Media reaction to allowing open carry | Main | My May 22 post »

Police file wrong charges

Posted by David Hardy · 22 May 2012 09:30 AM

Instead of felon in possession of a firearm, they should have charged him with constructing an explosive device.

5 Comments | Leave a comment

Chuck | May 22, 2012 4:18 PM | Reply

Violation of NFA34 for unregistered AOW. Where is ATF when you need them?

Although I would love to see guys like this go to the Fed for prosecution, and I think the galvanized pipe cap was a dead giveaway, without more obvious RAS or PC this will probably get tossed as a 4A violation.

Kman | May 23, 2012 6:37 AM | Reply

Also shotgun with barrel less than 18 inches. Which just goes to show how ridiculous the NFA is. The problem is the person wielding it, not an unsafe deficiency of inches.

Dave D. | May 23, 2012 1:45 PM | Reply

...But Dave, you know it's the prosecutor who determines the charges, not the " police ". And he can still be charged with the Destructive Device charge in addition to State charges. That's up to the U.S. Atty.
..It ain't a case of " should have.....(or) wrong charges........"

Chuck | May 23, 2012 6:15 PM | Reply

KMAN,

Not a shotgun. No shoulder stock therefore not designed to be fired from the shoulder. It is an any other weapon, AOW, and a 10 year 250000 fine if the Feds prosecuted.

Yep, NFA34 is bad law.

I hate felons in possession. Why do prosecutors always plead down the gun charge?

Just Askin!

Chuck | May 23, 2012 6:19 PM | Reply

Dave,

Just cause I'm in the mode for a lively discussion...

Could be a DD under NFA is it was not for a sporting purpose.

I would charge unregistered AOW. Same sentence and not need to address the sporting purpose theory.

What do you think?

Chuck

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