Post by Deleted on Jan 14, 2018 18:10:00 GMT -5
From the CalGuns website:
"AW Registration - Owner's Configuration Error Results in Confiscation"
My apologies if this is the wrong location for this post, or if a similar issue has already been covered elsewhere.
My father asked that I share his experience that occurred today. He has told me that he feels embarrassed about his mistake with the AW registration application, though he did ask me to post about it anyways. I've talked with him several times throughout the day, and told him to try not to be so hard on himself, and we can thankfully work through this without much difficulty. Hopefully it can help someone else from encountering the same issue.
This resulted from an error that my father had made during the AW registration process. Through conversation with friends, he was under the impression that an AR could be registered with a free state magazine release, and that free state magazine release could be kept on the rifle after registration. This information was errant. Easy to argue that he should have known better, but he simply didn't. I was unaware of his plans to register, and assumed he had been using a magazine lock that he had asked me for a ways back.
He completed his application, and uploaded pictures showing the rifle with a free state magazine release during that process. I believe most of us know that is a problem, though maybe some don't. Today, a total of 8 well-equipped and well-armed DOJ personnel showed up at his house. They were respectful and polite, though clear and stern. They also had printed copies of his identification, and several elements of his application on hand, including the photos that he had uploaded during the application process. They informed him that their reason for being there was to inspect the rifle that he had recently attempted to register. He was instructed to show them the rifle, and he complied.
The DOJ reps immediately informed him that they would be taking the rifle because of the free state magazine release. Of course, my father was confused by all of this as he had thought he had done it all the right way. They explained to him that it would have needed to have a bullet button on it at the time of registration, and that the bullet button should have also been kept on it thereafter. My dad still doesn't totally understand it, just as others may not fully understand this issue and other CA gun laws with all their various nuances. I am continuing to discuss this topic with him, and we will get there.
Some of the DOJ reps clearly felt badly about the situation, and made it a point to tell my dad that he is not the kind of guy that they were after, but they had their marching orders that they needed to fulfill. They did allow my dad to take off his flip up sights, his red dot, and his visible laser before leaving with the rifle.
As they were headed out, they did tell my father that no charges would be filed against him, and that he would not have any issues in completing DROS in the future as a result of this issue as far as they were concerned. Essentially, he can try again with registering another qualifying rifle if he had another to do that with, or purchase a new rifle that is featureless.
My dad is probably just like many others out there. He's in his late 50's. He's occasionally on the internet to check the news, but is not fluent in all things web related. His knowledge of CA gun law had consisted of what he hears via word of mouth from friends. He has no criminal record. He worked a blue collar job for the majority of his life to provide for our family. He did a lot of things the right way. He simply didn't do this AW application the right way.
In a brief phone call with a legal advisor specializing in CA gun law, I was told by this particular attorney that he had not yet heard of other cases of confiscation resulting from a registration error committed by the owner, but was not surprised by it and expected that to be the case to some extent. The attorney also advised that we simply let this go. The inspection resulted from an error made by the owner during a voluntary application, and the money that would be spent pursuing a more favorable outcome would far exceed the value of the rifle. That's that.
The $1,500 rifle that my dad lost is a big hit to him on a financial level. He also feels embarrassed and saddened by the situation as a whole, but we will get past that together. This could have been significantly worse. I'm fortunate enough to have a father that has always done right by me, and I'm happy to be able to help him piece together the funds so he can replace his rifle. All will be well with us, and I hope all of you will be well too.
Sincerely,
The Dog Man
"AW Registration - Owner's Configuration Error Results in Confiscation"
My apologies if this is the wrong location for this post, or if a similar issue has already been covered elsewhere.
My father asked that I share his experience that occurred today. He has told me that he feels embarrassed about his mistake with the AW registration application, though he did ask me to post about it anyways. I've talked with him several times throughout the day, and told him to try not to be so hard on himself, and we can thankfully work through this without much difficulty. Hopefully it can help someone else from encountering the same issue.
This resulted from an error that my father had made during the AW registration process. Through conversation with friends, he was under the impression that an AR could be registered with a free state magazine release, and that free state magazine release could be kept on the rifle after registration. This information was errant. Easy to argue that he should have known better, but he simply didn't. I was unaware of his plans to register, and assumed he had been using a magazine lock that he had asked me for a ways back.
He completed his application, and uploaded pictures showing the rifle with a free state magazine release during that process. I believe most of us know that is a problem, though maybe some don't. Today, a total of 8 well-equipped and well-armed DOJ personnel showed up at his house. They were respectful and polite, though clear and stern. They also had printed copies of his identification, and several elements of his application on hand, including the photos that he had uploaded during the application process. They informed him that their reason for being there was to inspect the rifle that he had recently attempted to register. He was instructed to show them the rifle, and he complied.
The DOJ reps immediately informed him that they would be taking the rifle because of the free state magazine release. Of course, my father was confused by all of this as he had thought he had done it all the right way. They explained to him that it would have needed to have a bullet button on it at the time of registration, and that the bullet button should have also been kept on it thereafter. My dad still doesn't totally understand it, just as others may not fully understand this issue and other CA gun laws with all their various nuances. I am continuing to discuss this topic with him, and we will get there.
Some of the DOJ reps clearly felt badly about the situation, and made it a point to tell my dad that he is not the kind of guy that they were after, but they had their marching orders that they needed to fulfill. They did allow my dad to take off his flip up sights, his red dot, and his visible laser before leaving with the rifle.
As they were headed out, they did tell my father that no charges would be filed against him, and that he would not have any issues in completing DROS in the future as a result of this issue as far as they were concerned. Essentially, he can try again with registering another qualifying rifle if he had another to do that with, or purchase a new rifle that is featureless.
My dad is probably just like many others out there. He's in his late 50's. He's occasionally on the internet to check the news, but is not fluent in all things web related. His knowledge of CA gun law had consisted of what he hears via word of mouth from friends. He has no criminal record. He worked a blue collar job for the majority of his life to provide for our family. He did a lot of things the right way. He simply didn't do this AW application the right way.
In a brief phone call with a legal advisor specializing in CA gun law, I was told by this particular attorney that he had not yet heard of other cases of confiscation resulting from a registration error committed by the owner, but was not surprised by it and expected that to be the case to some extent. The attorney also advised that we simply let this go. The inspection resulted from an error made by the owner during a voluntary application, and the money that would be spent pursuing a more favorable outcome would far exceed the value of the rifle. That's that.
The $1,500 rifle that my dad lost is a big hit to him on a financial level. He also feels embarrassed and saddened by the situation as a whole, but we will get past that together. This could have been significantly worse. I'm fortunate enough to have a father that has always done right by me, and I'm happy to be able to help him piece together the funds so he can replace his rifle. All will be well with us, and I hope all of you will be well too.
Sincerely,
The Dog Man
