davidwiz Posted August 16, 2005 Share Posted August 16, 2005 Another thought just occurred to me. If you don't live in the state you are arrested in, the chances for being let out on bail decrease. Link to comment Share on other sites More sharing options...
Rob Boudrie Posted August 16, 2005 Share Posted August 16, 2005 Yea, but let's say that you successfully use that affirmative defense and don't get convicted. You're still going to be out xxx of dollars in attorney fees, probably spend more than a few nights in the pokey, not to mention have an arrest record.I personally wouldn't rely on any legal advice that any police officer or government attorney gave me, just for those reasons. <{POST_SNAPBACK}> In reality, the presence of a defense like this will be just another chip on your side - while the other side uses the threat of legal fees to get you to plead guilty to something - this system does not like to go home "unfed", even if you are 100% innocent. Many people sued or prosecuted from something on which they feel they are innocent talk about how they will "stand up for their right and have their day in court", but as the process wears on, the pressures to plead out increase. Somewhere down the line a defendant is likely to hear "take the felony conviction with a no jail time deal, or refresh the retainer with another 25K and we'll go to trial where you'll be risking both your freedom and money (if you have any left).". I remember talking to a well-known gun attorney years ago about how his client would not plead out on a relatively minor gun charge since the law was on his side. When I asked him about this case a couple of years later, he told me what a great plea bargain he got which allowed his client to plead to a misdemeanor. Link to comment Share on other sites More sharing options...
davidwiz Posted August 16, 2005 Share Posted August 16, 2005 That's true, but if you plead out, even to a misdemeanor, you've still got a conviction on your record, and you're still out $xxx in attorney fees, court costs, and missed days from work (if you still have a job). Link to comment Share on other sites More sharing options...
B.J. Norris Posted August 16, 2005 Share Posted August 16, 2005 I got this from Mike Fichman, "Hello B.J. You can bring whatever magazines you wish. California law says you cannot sell or trade them. Just take them back home and you are fine." Link to comment Share on other sites More sharing options...
shred Posted August 16, 2005 Share Posted August 16, 2005 Eeek! That may be how it works in reality, but it's sure not how the law is written. Link to comment Share on other sites More sharing options...
Rob Boudrie Posted August 16, 2005 Share Posted August 16, 2005 I got this from Mike Fichman,"Hello B.J. You can bring whatever magazines you wish. California law says you cannot sell or trade them. Just take them back home and you are fine." <{POST_SNAPBACK}> Who is Mike Fichman and what is the source of his information? Link to comment Share on other sites More sharing options...
outerlimits Posted August 16, 2005 Share Posted August 16, 2005 I got this from Mike Fichman,"Hello B.J. You can bring whatever magazines you wish. California law says you cannot sell or trade them. Just take them back home and you are fine." <{POST_SNAPBACK}> Who is Mike Fichman and what is the source of his information? <{POST_SNAPBACK}> mike is the founder of the steel challenge...he's been around forever and i believe he was in law enforcement some time ago. he also trains tons of folks and i would think he definitely knows what he's talking about. i've known mike since 1984 and he's as straight a shooter (sorry about the pun) as you'll find in this game. Link to comment Share on other sites More sharing options...
Rob Boudrie Posted August 16, 2005 Share Posted August 16, 2005 That's true, but if you plead out, even to a misdemeanor, you've still got a conviction on your record, and you're still out $xxx in attorney fees, court costs, and missed days from work (if you still have a job). <{POST_SNAPBACK}> There were many people in Massachusetts who, decades ago, pled out to minor misdemeanors because the penalty was a very minor fine (Much cheaper than defending and winning the case). Then, in 1998, the state decides that any misdemenanor with "violence or threat of violence" (offenses such a fistfights, failure to report a hotel fire, etc.) were life time disqualfiers. That left a governor's pardon as the only mechanism for restoratin of state level rights until about a year ago, when the state established a gun control review board which may restore the rights under limited situations (single incident, no drug or firearm involvement in the offense). Persons finding themselves must appear before a state board, consisting of a mix of neutrals, friendly's and hostiles. So far, 20+ misdemeanons have had their rights restored in MA. The lesson is that anything on your record can come back to haunt you, since the rule can change - and the law does not tend to regard deprivation fo firearms rights as a "punishment", so all protections. On the "plus" side, last night's Boston news reported there is a town (Oakham) in MA where 44% of the adults are licensed to carry concealed handguns. The chief was interviewed and simply stated these people were exercising their rights. Link to comment Share on other sites More sharing options...
D.Hayden Posted August 16, 2005 Share Posted August 16, 2005 Anyone know if we can loan our magazines to people from real states? At least for the duration of a match? I know there's reality and legallity here.. Link to comment Share on other sites More sharing options...
Rob Boudrie Posted August 16, 2005 Share Posted August 16, 2005 I got this from Mike Fichman,"Hello B.J. You can bring whatever magazines you wish. California law says you cannot sell or trade them. Just take them back home and you are fine." <{POST_SNAPBACK}> Who is Mike Fichman and what is the source of his information? <{POST_SNAPBACK}> mike is the founder of the steel challenge...he's been around forever and i believe he was in law enforcement some time ago. he also trains tons of folks and i would think he definitely knows what he's talking about. i've known mike since 1984 and he's as straight a shooter (sorry about the pun) as you'll find in this game. <{POST_SNAPBACK}> Does he have an official cite for this position which would appear to be in direct contradiction to CA law? There is a difference between "everyone is looking the other way for now" and "legal". I have "been there, done that" when running matches in both MA and NY. In each case, I provided competitors with the exact cite for the relevant MA and NY gun laws, including chapter/section/paragraph of the poriton of the law regulating posession by non-residents visiting these states. This way, I am not interpreting the law for people but pointing them to reference material. With proper respect to Mike, I place much more credibility in information about laws if it either (a) is in an official state publication, ( is on law firm letterhead signed by a member of the bar or © is accompanied with a reference to the law so I can look it up for myself. "Assertions", absent official standing as well as a citable reference are less useful. Link to comment Share on other sites More sharing options...
Chuck D Posted August 16, 2005 Share Posted August 16, 2005 Rob provides SOUND advice. If it were me going to California...I'd invest in 10 round only mags. Link to comment Share on other sites More sharing options...
38stupid Posted August 16, 2005 Author Share Posted August 16, 2005 Rob provides SOUND advice.If it were me going to California...I'd invest in 10 round only mags. <{POST_SNAPBACK}> I got the 10 rounds mags from Para today and they look good! Cya in CA. Bob Link to comment Share on other sites More sharing options...
itchy Posted October 2, 2005 Share Posted October 2, 2005 Following the "letter of the law", crossing state lines into California with high capacity magazines is a no no. You can't even "loan" high capacity magazines to people. Silly, I think. Does that make us all felons? Itchy Link to comment Share on other sites More sharing options...
cautery Posted October 2, 2005 Share Posted October 2, 2005 itchy - It makes it an act subject to felony prosecution. However, you are only a felon IF you are apprehended and convicted. CA weapons code is simply a cryin' shame... Take a CVC sometime and compare it to the TPL in thickness... Shoot, just the section(s) on weapons in the CVC is thicker than the entire Texas Penal Code... One (of many) of the reasons I left CA... Too bad so many nice folks are stuck living there. Link to comment Share on other sites More sharing options...
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