pennysaver
Inactive
Heya folks,
I was referred to you by a friend, so here's the situation:
In October 2003, my wife found out that she was pregnant with our first child and decided to pack all of our guns into her car and took them to our local police station (Murrieta, CA), to find out how to legally ship them to her family in Texas. (My wife is blonde by the way). The police were, of course, interested in seeing the guns and dismissed my hunting rifles and pistols, but took issue with the Norinco MAK-90, COLT H-BAR CAR A3 Camp Perry Elite Match rifle, and the Bushmaster XM-15 that I own.
They allowed my wife to return home with all but the MAK-90, which apparently is now illegal to own in California. (A law of which I was not aware). Several police officers came to my house the following day and asked to see the guns again, which were still in my wife’s car. Unable to find the registration records on the weapons during their "investigatory" search, they seized the weapons as “illegal assault weapons” and said that they would have to run a more detailed background check. (We have not been able to find the original paperwork).
I have since been charged with possession of illegal assault weapons, due to an obscure California law that required re-registration of "assault weapons"; another law of which I was painfully unaware. All of the guns were bought legally: the MAK-90 from Fullmer’s True Value Hardware store in Gunnison, Colorado in 1992, the Colt from Turner's in Redondo Beach in 1995, and the Bushmaster from B&B Guns in Long Beach in 1997. I have the registration for the MAK-90, but not the other two, although the District Attorney has since been able to get the original registration information from the ATF, which interestingly enough, shows that the two AR-15’s are registered to my wife (we purchased them on her credit card). I was turned away by the ATF, who is no longer authorized to release weapons information to private citizens, when I tried to get that information. (Turner’s has a storage arrangement with the ATF; B&B is out of business). Please note that neither AR is operational as I have the bolts, which may have some bearing per the following California case, which the NRA is backing:
Daren D. Chaker(Calif). Police seized Mr. Chaker's FN .308 rifle. It was inoperable, by virtue of the fact that it was missing the bolt and firing pin. Police did not find the missing items, in close proximity to the rifle or anywhere else. Nevertheless, they charged Mr. Chaker with possession of an assault weapon. His argument is that his rifle was permanently inoperable under California law, and thus lawful to possess.
I am trying to do anything I can to rally support for my case, 1) to fight these ridiculous laws, 2) have these charges dropped and 3) to get my guns returned. To date, this fiasco has cost me $10,000, which I had to borrow; to take the case to trial, which my lawyer believes is a very winnable case, will cost $5,000 more.
As for a bit of background, I have a degree in Ranch Management from Texas Christian University and have worked for Harte-Hanks, a multi-national communications corporation, for almost eleven years. My current role is as a Senior Financial Analyst/Sales Automation Developer. I began shooting with my father and Lowell Thomas when I was five; shot Army & Distinguished Expert when I was ten; shot on my high school Skeet & Trap team and on TCU’s Rifle & Pistol team. I am by no means a criminal or undesirable member of society.
Any assistance or guidance which you can offer in this matter would be greatly appreciated.
Please feel free to contact me anytime.
Thanks,
Chris "Smitty" Smith
I was referred to you by a friend, so here's the situation:
In October 2003, my wife found out that she was pregnant with our first child and decided to pack all of our guns into her car and took them to our local police station (Murrieta, CA), to find out how to legally ship them to her family in Texas. (My wife is blonde by the way). The police were, of course, interested in seeing the guns and dismissed my hunting rifles and pistols, but took issue with the Norinco MAK-90, COLT H-BAR CAR A3 Camp Perry Elite Match rifle, and the Bushmaster XM-15 that I own.
They allowed my wife to return home with all but the MAK-90, which apparently is now illegal to own in California. (A law of which I was not aware). Several police officers came to my house the following day and asked to see the guns again, which were still in my wife’s car. Unable to find the registration records on the weapons during their "investigatory" search, they seized the weapons as “illegal assault weapons” and said that they would have to run a more detailed background check. (We have not been able to find the original paperwork).
I have since been charged with possession of illegal assault weapons, due to an obscure California law that required re-registration of "assault weapons"; another law of which I was painfully unaware. All of the guns were bought legally: the MAK-90 from Fullmer’s True Value Hardware store in Gunnison, Colorado in 1992, the Colt from Turner's in Redondo Beach in 1995, and the Bushmaster from B&B Guns in Long Beach in 1997. I have the registration for the MAK-90, but not the other two, although the District Attorney has since been able to get the original registration information from the ATF, which interestingly enough, shows that the two AR-15’s are registered to my wife (we purchased them on her credit card). I was turned away by the ATF, who is no longer authorized to release weapons information to private citizens, when I tried to get that information. (Turner’s has a storage arrangement with the ATF; B&B is out of business). Please note that neither AR is operational as I have the bolts, which may have some bearing per the following California case, which the NRA is backing:
Daren D. Chaker(Calif). Police seized Mr. Chaker's FN .308 rifle. It was inoperable, by virtue of the fact that it was missing the bolt and firing pin. Police did not find the missing items, in close proximity to the rifle or anywhere else. Nevertheless, they charged Mr. Chaker with possession of an assault weapon. His argument is that his rifle was permanently inoperable under California law, and thus lawful to possess.
I am trying to do anything I can to rally support for my case, 1) to fight these ridiculous laws, 2) have these charges dropped and 3) to get my guns returned. To date, this fiasco has cost me $10,000, which I had to borrow; to take the case to trial, which my lawyer believes is a very winnable case, will cost $5,000 more.
As for a bit of background, I have a degree in Ranch Management from Texas Christian University and have worked for Harte-Hanks, a multi-national communications corporation, for almost eleven years. My current role is as a Senior Financial Analyst/Sales Automation Developer. I began shooting with my father and Lowell Thomas when I was five; shot Army & Distinguished Expert when I was ten; shot on my high school Skeet & Trap team and on TCU’s Rifle & Pistol team. I am by no means a criminal or undesirable member of society.
Any assistance or guidance which you can offer in this matter would be greatly appreciated.
Please feel free to contact me anytime.
Thanks,
Chris "Smitty" Smith
